Why is there a difference between the peace officer PHS (2-251) and the dispatcher PHS (2-255) regarding questions on detentions, arrests, and convictions?
A.California Labor Code Section 432.7 prohibits prospective employers from considering a history of arrest (or detention) that did not result in a conviction; however, there is an exemption for employers of peace officers and other criminal justice agency personnel. Therefore, criminal justice agency employers could require the same arrest history for their public safety dispatcher and peace officer candidates; however, a substantial number of public safety dispatcher employers in the POST program are not criminal justice agencies as defined in the Penal Code. It was decided that creating two separate POST public safety dispatcher forms – one for criminal justice agencies and one for other agencies – would be confusing. As a result, the POST dispatcher PHS was designed to be lawful for all public safety dispatcher employers. With the concurrence of agency legal counsel, criminal justice agency employers of public safety dispatchers may opt to amend the POST PHS to include inquiries abo
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