Why is there a difference between the peace officer PHS (2-251) and the dispatcher PHS (2-255) on questions about 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, it exempts employers of peace officers and other criminal justice agency personnel from this prohibition. Therefore, criminal justice agency employers could require the same arrest history for their public safety dispatcher and peace officer candidates.

However, there are a substantial number of public safety dispatcher employers in the POST program that are not criminal justice agencies as defined in the Penal Code. Creating two separate POST PHS forms for public safety dispatchers would have been confusing, so the dispatcher PHS that was created was designed to be lawful to administer to all public safety dispatchers, whether they are applying to a criminal justice agency or not. With the concurrence of agency legal counsel, criminal justice agency employers of public safety dispatchers may consider amending the POST ... more.

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