What are my options? background help!

[wannabechp]

I got denied employment for a police job due to slanderous information given during a background a year earlier. (Due to some family emergencies I had to withdraw from the hiring process and I re applied a year later). The info was given by my former roommate who was a police officer for 25+ years and was therefore considered credible. I was denied purely on the Info provided by my ex roommate.

The problem is that he was at the time and is currently still a alcoholic consuming 1/2 gallon or more of vodka a day and is also involved in multiple illegal activities. He told them a bunch of lies because I had just moved out due to problems with his lifestyle. He even outright stated to me that he would say whatever he had to in order to ruin my dream of becoming a CHP Officer.


The first time I withdrew before my first meeting with my bg investigator and never heard any of his findings. the second time ( a year later) I ran into the same investigator in the hallway after my QAP and he informed me that regardless of the QAP decision that I would get a DQ and told me that it was based on what my roommate had said during the interview a year earlier. He never even asked for my side of the issue. I was only told to try again at a later date.


Now a full 2 years after the slanderous info was given, I am currently going through the process again and I am wondering if there is anything I can do If I am denied again for the same reasons.

Bottom line is this; if I am not given a Chance to explain the situation and explain why this source is less than credible, can I appeal the background decisions? If it helps, I am applying with CHP

[wannabechp]

To add to my above post, I almost feel like the investigators choice to dq me without hearing my side was a punishment for withdrawing so far into the process the previous year. Is that possible or is it more likely that it was based on the background of the source? if it was based on the info provided by the source, is the current lifestyle of such a source not considered?

[L-1]

This will be complicated and expensive, but if things are as you describe them, they can be resolved.

Under the California Public Records Act and JOHNSON v. WINTER (1982) 127 CA3d 435 you are entitled to review most of your background investigation in California. Most law enforcement agencies will resist requests to review your package and it may be necessary to retain counsel to do so. However, that's the first place you need to look and find out exactly why you were DQed rather than guess at it.

Next, if you are disqualified on a CHP background, you may file an appeal before the State Personnel Board (SPB). This will result in a formal hearing at which CHP must present evidence supporting their decision to DQ. You may examine this evidence and if they present witnesses (your roommate) you may cross examine him and establish that he lied. As a side note, cops who are caught lying on the stand are routinely fired by their department. If he is truly lying, odds are he wont show up for the hearing.

Of course, you will need an attorney for this, which will be expensive. But when you consider how much money a CHP job pays over a lifetime, it will be worth it.

As a final note, if you receive a DQ notice, the SPB only allows you a limited number of days within which to file an appeal. Don't screw around. If your attorney fails to file an appeal in a timely manner, the DQ will stand.

[Kimble]

The info was given by my former roommate who was a police officer for 25+ years...

Out of curiosity, if your ex-roommate is a retired officer with 25+ years, he's got to be at least in his 50's, and I'd assume you're younger if you're trying to become a cop. If so, why did you live with a much older man to begin with? Not really any of my business, but just seems odd if you two aren't family.

[Joeyd6]

Out of curiosity, if your ex-roommate is a retired officer with 25+ years, he's got to be at least in his 50's, and I'd assume you're younger if you're trying to become a cop. If so, why did you live with a much older man to begin with? Not really any of my business, but just seems odd if you two aren't family.

I was thinking the same thing.

In addiion, if in yru application you signed a release form so the CHP coudl get info on , you are screwed. The feds have you sign one and if read the fine print, you are releasing the agency and the person giving information from an liability. Thus you have no recourse.

[William]

It's a bit late to go this route for the CHP now, but if you knew ahead of time that he was going to make untrue slanderous statements about you, you may have been able to talk to your B.I. ahead of time and explain the situation. You could also state the fact that no other references would claim the same things he did about you. It all depends on the B.I. and how far they want to dig for the truth.

Could possibly help for future applications. Just my 2 cents!

[wannabechp]

Out of curiosity, if your ex-roommate is a retired officer with 25+ years, he's got to be at least in his 50's, and I'd assume you're younger if you're trying to become a cop. If so, why did you live with a much older man to begin with? Not really any of my business, but just seems odd if you two aren't family.

I worked for a federally contracted security agency and he was one of my supervisors. A few months into my employment, my then Girlfriend and I split up. I was going to have to move 60 miles away and leave my job, so he offered me a place to live for a few months until I could afford to get into my own place. I figured it was a safe offer due to his background. looking back, it is by far the worst choice I could have made.

[wannabechp]

This will be complicated and expensive, but if things are as you describe them, they can be resolved.

Under the California Public Records Act and JOHNSON v. WINTER (1982) 127 CA3d 435 you are entitled to review most of your background investigation in California. Most law enforcement agencies will resist requests to review your package and it may be necessary to retain counsel to do so. However, that's the first place you need to look and find out exactly why you were DQed rather than guess at it.

Next, if you are disqualified on a CHP background, you may file an appeal before the State Personnel Board (SPB). This will result in a formal hearing at which CHP must present evidence supporting their decision to DQ. You may examine this evidence and if they present witnesses (your roommate) you may cross examine him and establish that he lied. As a side note, cops who are caught lying on the stand are routinely fired by their department. If he is truly lying, odds are he wont show up for the hearing.

Of course, you will need an attorney for this, which will be expensive. But when you consider how much money a CHP job pays over a lifetime, it will be worth it.

As a final note, if you receive a DQ notice, the SPB only allows you a limited number of days within which to file an appeal. Don't screw around. If your attorney fails to file an appeal in a timely manner, the DQ will stand.

He is retired from police work and he just recently quit and sued the company we worked for and got a 6 digit settlement. He has nothing to lose by lying. The fact is that he has no proof to support his claims and I have no proof he is lying. it is 100% word against word. I do have witnesses that eye witnessed him smoking marijuana and contributing alcohol to minors and that have heard him telling stories of his illegal activities. These same witnesses can testify that he lied about my character, but there is no actual evidence to prove he is lying. The only thing I could think of is for the investigator to ask him to blow in a breathalyzer prior to taking his statement as he is always legally intoxicated. Also they could ask about him at our previous employer's as he was reprimanded on several occasions for showing up to work smelling of alcohol. He also had several other behavior reprimands. Sadly all this information is exactly what my background investigator wouldn't let me disclose when he dq'd me without giving me a chance to make a statement.

[GoDirectly2Jail]

He is retired from police work and he just recently quit and sued the company we worked for and got a 6 digit settlement. He has nothing to lose by lying. the fact is that he has no proof to support his claims and I have no proof he is lying. it is 100% word against word.

And...?

The point is, what you've said (and added) doesn't change the steps you need to take if you are serious about this appeal.

[GoDirectly2Jail]

I often have to ask my wife, "Do you just want me to be understanding, or do you want me to give you a solution?"

[wannabechp]

I often have to ask my wife, "Do you just want me to be understanding, or do you want me to give you a solution?"

HAHA. I am getting married in a month and I already have to ask that question. I was just shedding more light on my situation. So a solution would be great!

[L-1]

He is retired from police work and he just recently quit and sued the company we worked for and got a 6 digit settlement. He has nothing to lose by lying. The fact is that he has no proof to support his claims and I have no proof he is lying. it is 100% word against word. I do have witnesses that eye witnessed him smoking marijuana and contributing alcohol to minors and that have heard him telling stories of his illegal activities. These same witnesses can testify that he lied about my character, but there is no actual evidence to prove he is lying. The only thing I could think of is for the investigator to ask him to blow in a breathalyzer prior to taking his statement as he is always legally intoxicated. Also they could ask about him at our previous employer's as he was reprimanded on several occasions for showing up to work smelling of alcohol. He also had several other behavior reprimands. Sadly all this information is exactly what my background investigator wouldn't let me disclose when he dq'd me without giving me a chance to make a statement.

I have to warn you that this is not the way to go. There are only a limited number of defenses to a bad character reference:

1. The information is false.

2. The information is incomplete and as such, misleading.

3. The information is true but taken out of context or misinterpreted.

Instead of defending against the information, you appear to be trying to divert attention from it by launching a character attack against the reference. To a BI, this smells of guilt.

It's simple. If you get DQ'ed, retain counsel, file an appeal before the SPB, file for discovery materials, find out what the actual basis for the DQ is, and then defend against the basis for the DQ.

If it is your ex roommate, your attorney can get him on the stand at the SPB hearing and tear him apart. If he is under the influence, your attorney can bring that out in the hearing and ask the BI (who will be present) to evaluate the witness or call for a DRE to evaluate the witness and determine his fitness to testify. None of this will go unnoticed by the Administrative Law Judge.

My whole point is, your problem is not going to be resolved in this forum and none of us can wave a magic wand and get you a free pass. If your ex-roommate has screwed you, you may have to retain counsel and jump through a few extra hoops in order to obtain a career in law enforcement. Recognize that now, because if you miss your appeal window, you may be screwed.

You have been told how to solve the problem. It's not an easy fix and it will cost money, but that's just how the system works in this situation. Now the question is, will you do what is necessary to fix things or will you just whine about it, fail to act in a timely manner and lose by default?