POSSE Eligibility Requirements & Background Checks 3 — Questions and Answers
Question 1: An applicant voluntarily discloses past marijuana use that occurred in a state where it was legal at the time. How should the background investigator approach this?
- Disqualify the applicant because marijuana remains a Schedule I controlled substance under federal law
- Consider the frequency, recency, and context of use alongside agency policy and the applicant's overall profile (Correct answer)
- Approve the applicant since the use was legal under state law
- Defer entirely to the polygraph examiner's assessment of the disclosure
Correct answer: Consider the frequency, recency, and context of use alongside agency policy and the applicant's overall profile
Most agencies evaluate marijuana use by considering how recent it was, how frequent, and whether it reflects poor judgment, rather than applying a blanket disqualification.
Question 2: Which of the following is considered a 'suitability disqualifier' as opposed to a 'statutory disqualifier' for peace officer candidates?
- A felony conviction under any state law
- A domestic violence misdemeanor conviction
- A pattern of poor financial responsibility and excessive debt (Correct answer)
- Being a fugitive from justice
Correct answer: A pattern of poor financial responsibility and excessive debt
Suitability disqualifiers like poor financial responsibility are character-based concerns evaluated by the agency, while statutory disqualifiers such as felony convictions are legally mandated bars.
Question 3: A peace officer applicant was honorably discharged from the military but has a separation code indicating a personality disorder. What is the background investigator's most appropriate action?
- Disqualify the applicant immediately based on the separation code
- Obtain the full military records and refer the finding to the psychological evaluator for clinical assessment (Correct answer)
- Ignore the separation code since the discharge was honorable
- Request the applicant obtain a psychiatric clearance from a private doctor
Correct answer: Obtain the full military records and refer the finding to the psychological evaluator for clinical assessment
Military separation codes indicating mental health concerns must be reviewed with full records and referred to the psychological evaluator, as they cannot be assessed by a background investigator alone.
Question 4: Under the Americans with Disabilities Act (ADA), at what stage may a peace officer agency conduct a medical examination of an applicant?
- At any point during the hiring process
- Only after a conditional offer of employment has been extended (Correct answer)
- Before any written testing to establish baseline physical fitness
- During the initial application review process
Correct answer: Only after a conditional offer of employment has been extended
The ADA requires that medical examinations, including psychological evaluations, occur only after a conditional job offer has been made to avoid discriminatory pre-screening.
Question 5: An applicant's credit report reveals a bankruptcy discharged three years ago following a medical emergency. How should this be weighted in the background investigation?
- Automatic disqualification because bankruptcy indicates poor financial judgment
- As a potentially mitigating factor, since the bankruptcy resulted from circumstances beyond the applicant's control (Correct answer)
- Ignored entirely because bankruptcy is a legal process that resolves all financial issues
- Forwarded to the city attorney's office for a legal opinion before proceeding
Correct answer: As a potentially mitigating factor, since the bankruptcy resulted from circumstances beyond the applicant's control
The cause of financial problems matters; a bankruptcy triggered by an uncontrollable event like a medical emergency is generally viewed more favorably than one caused by reckless spending.
Question 6: Which of the following scenarios would likely represent a DISQUALIFYING association during a peace officer background investigation?
- Having a sibling who received a DUI five years ago
- Maintaining an ongoing friendship with a known gang member after being advised of their criminal activity (Correct answer)
- Having attended high school with someone who was later convicted of a crime
- Employing a person at a family business who has a prior misdemeanor conviction
Correct answer: Maintaining an ongoing friendship with a known gang member after being advised of their criminal activity
Maintaining knowing associations with active criminal offenders, especially after being made aware of their activities, raises serious concerns about judgment and integrity for peace officer candidates.
Question 7: A background investigator contacts a prior employer listed on the applicant's Personal History Statement, but the employer refuses to provide any information. What is the best course of action?
- Accept the non-response and note it in the file without further action
- Document the refusal, attempt contact through alternate means, and seek other sources who can speak to the applicant's work performance (Correct answer)
- Disqualify the applicant because the employer will not provide a reference
- Contact the applicant and request they compel the employer to respond
Correct answer: Document the refusal, attempt contact through alternate means, and seek other sources who can speak to the applicant's work performance
When an employer refuses to provide information, investigators should document this, try alternate contact methods, and pursue other sources such as coworkers or supervisors to corroborate work history.
POSSE Eligibility Requirements & Background Checks 3
An applicant voluntarily discloses past marijuana use that occurred in a state where it was legal at the time.
How should the background investigator approach this?