HomeMy WebLinkAbout22-Police Department
CITY OF SAN BERNAi\DINO - REQUEST Ftlt COUNCIL ACTION
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Dept:
DANIEL A. ROBBINS
POLICE
10-16-90
Subject:
AGREEMENT BETWEEN CITY OF SAN BERNARDINO
PLUS WILLIAM S. LANE (POLYGRAPHIST), DBA
INTERNAL CONTROL TO PROVIDE PRE-EMPLOYMENT
POLYGRAPH EXAMINATIONS FOR LAW ENFORCEMENT
TRAINEES, LATERALS AND PRE-SERVICE
APPLI CANTS.
Date:
Synopsis of Previous Council action:
Recommended motion:
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Adopt
Resolution
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I Contact person: Thomas D. Maier, Lieutenant
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Phone:
384-5695
Supporting data attached:
Ward:
Finance:
001-224-53150
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FUNDING REQUIREMENTS:
Amount: $15,000
Source:
OCil Notes:
Agenda Item No c!J..,.~
75.0262
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CITY OF SAN BI!RNIGDINO - RI!QUI!ST FQ COUNCIL ACTION
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75-0264
STAFF REPORT
From May 1980 through July 1986, the San Bernardi no Pol i ce Department used
polygraph examinations for sworn and non-sworn entry level employees as part
of the pre-employment background process. In August 1986, this practice was
discontinued due to court litigation. regarding the validity of polygraph
examinations as a condition for employment. Since that time court decisions
have cleared the way for public entities to utilize pre-employment polygraphs
for police officers.
The 1 ack of polygraph exami nat ions has left a 1 oopho le through whi ch drug
users can evade detecti on and become pol ice offi cers. Presently app 1 i cants
are screened via an oral examination process which leaves the veracity of the
applicant questionable since it is based solely on subjective data.
Pre-employment polygraphs have proved cost effective by detecting problems
within an individual's background in the initial stages of the background
investigation rather than at the end of the background process or even after
employment.
We are therefore requesting pre-employment polygraph exami nati ons be re-
instituted for law enforcement trainees, lateral police officers and pre-
service applicants. The results of the polygraph examinations will be used
as an investigative tool in the pre-employment background process. A pre-
employment examination can explore the truth or veracity of the perspective
police applicant, as well as previous drug usage, alcohol abuse, medical
problems, and prior employment history.
William S. Lane (Polygraphist), Internal Control, is currently employed as a
polygraphist for Rialto Police Department, Corona Police Department and
Riverside Sheriff's Office. These agencies were contacted reference services
William S. Lane performed for them. All agencies contacted stated William S.
Lane performed excellent services for their department.
It is recommended that the City of San Bernardino enter a contractual
agreement with Internal Control which will provide pre-employment polygraph
examinations for law enforcement trainees, lateral pol ice officers and pre-
service applicants.
The attached contract should commence on November 6, 1990.
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RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNAROINO AUTHORIZING ANO OIRECTING THE
EXECUTION OF AN AGREEMENT WITH WILLIAM S. LANE (POLYGRAPHIST), INTERNAL CONTROL
3 FOR PROVIDING PRE-EMPLOYMENT POLYGRAPH EXAMINATIONS FOR LAW ENFORCEMENT
TRAINEES, LATERAL POLICE OFFICERS AND PRE-SERVICE APPLICANTS TO THE SAN
4 BERNARDINO POLICE DEPARTMENT.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
7 Section 1. The Mayor is hereby authorized and directed to execute on
8 behalf of said City an Agreement with William S. Lane (Polygraphist), Internal
9 Control, for providing pre-employment polygraph examinations for Law
10 Enforcement Trainees, Lateral Police Officers and Pre-Service applicants to the
11 San Bernardino Pol ice Department, which agreement is attached hereto, marked
12 Exhibit "A", and incorporated herein by reference as fully as though set forth
13 at length.
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Section 2.
The authorization to execute the above-referenced agreement
15 is rescinded if the parties to the agreement fail to execute it within sixty
16 (60) days of the passage of this resolution.
17 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
18 Mayor and Common Council of the City of San Bernardino at a
19 meet i ng thereof, held on the day of , 1990, by the
20 following vote, to wit:
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October 16, 1990
RESOLUl'ION OFAlE CITY ... AurIDRIZJNG AND DIRJllii'lNG THE EXOCUTION OF
AN AGREEMml' WITlIl.tLLIAM S. LANE (POLYGRAPHIsr). 1URNAL cCNI'OOL FOR
POOVIDING PRE-EMI?IDYMENI' POLYGRAPH EXAMINATIONS FOR LAW ENFORCEMENI' TRAINEES.
0 1 Council Members AYES NAYES ABSTAIN
2 ESTRADA
3 REILLY
4 FLORES
5 MAUDSLEY
6 MINOR
7 POPE-LUDLAM
8 MILLER
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CITY CLERK
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0 14 The foregoing resolution is hereby approved this day of
15 ' 1990.
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19 W. R. HOLCOMB, MAYOR
20 City of San Bernardino
21 Approved as to form
and legal content:
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JAMES F. PENMAN
23 City Attorney
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October 16, 1990
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AGREEMENT
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D. Sole Provider of Service.
CONSULTANT shall be the only individual to perform polygraph
examinations of applicants referred for pre-employment examinations.
E. Conflict of Inter~st.
CONSUL TANT agrees he wi 11 not accept employment adverse to the
CITY or the POLICE DEPARTMENT during the term of this agreement or for
five (5) years thereafter.
CONSULTANT further agrees to at no time accept employment
i nvo 1 vi ng an offi cer po lygraphed by thi s CONSULTANT pursuant to thi s
agreement unless such employment by the CITY.
Confidentiality to be Assured.
CONSULTANT shall maintain the confidentiality of all applicants
referred for examination. CONSULTANT shall assure that all personal
information imparted by an appl i cant wi 11 be respected and safeguarded.
Such information may be used only in a professional manner for the purpose
of helping to determine an applicant's ability to perform the job he/she is
applying for. CONSULTANT'S records shall be kept secure in accordance with
the code of ethics of the profession, Federal regulations, and State laws.
CONSULTANT shall maintain in good order a fire and burglar alarm system to
protect its records.
Term.
This agreement shall commence on November 6, 1990, and terminate 0
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October 16, 1990
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1 4. Provision for Payment.
2 A. Rate of Compensation:
3 (1) CITY agrees to pay CONSULTANT the sum of $100.00 for each
4 pre-emp 1 oyment po lygY'aph exami nati on and report performed by
5 CONSULTANT at the request of CITY.
6 B. Manner of Compensation:
7 (1) CONSULTANT shall maintain and file with the Police
8 Department a monthly record of services performed.
9 (2) The Police Department shall submit a claim or request for
10 payment based on such record to the Finance Department in such manner
11 that CONSULTANT shall be paid monthly.
12 (3) CONSULTANT shall assume and pay all out-of-pocket expenses
13 and costs of performing services under this agreement except as
14 otherwise specifically provided herein, and CITY shall not be liable
15 for any such costs and expenses.
16 5. Amendments.
17 This agreement may be amended or modified only by written agreement
18 executed by both parties.
19 6. Assignment.
20 CONSULTANT'S ri ghts under thi s agreement sha 11 not be ass i gned by
21 CONSULTANT to any other person, firm or corporation without the prior
22 written consent of the CITY.
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Relationship Of Parties.
CONSULTANT is acting as an independent contractor, and not as a
employee of the CITY. In the performance of personal services pursuant t
the provisions of this agreement, CONSULTANT shall not be supervised,
directed, or under the control or authority of any CITY officer 0
employee, except and to the extent as may be expressly or implicitl
required by the terms and provisions of this agreement. Any direction 0
control so required under this agreement shall be limited to broa
objectives or goals of the project or program to be accomplished and not to
the details and procedures to accomplish such objectives or goals.
CONSULTANT shall not be obligated to conform to the supervision or
direction of CITY officers or employees which are not authorized herein.
Changes or modifications of said objectives and goals may be made b
written recommendations of either party subject to the concurrence of the
other party in writing.
Hold Harmless.
CONSULTANT hereby agrees to, and shall, defend, indemnify, and hold
harmless CITY, its elective and appointive boards, commissions, officers,
agents and employees from any liability, claim, suit or actions at law or
in equity for damages including personal injury or death, caused or alleged
to have been caused by reason of CONSULTANT'S performance under this
agreement, including any claims that may arise against CITY by reason of
CONSULTANT'S legal relationship with CITY being categorized as other than
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Insurance.
CONSULTANT shall provide to CITY evidence of insurance covering
CONSULTANT and CITY as an additional insured as to any potential liability
to CONSULTANT and CITY. The evidence to be provided shall be a Certificate
of Insurance describing the coverage provided and naming CITY as an
additional insured. The insurance shall consist of the following:
A. Workers' Compensation.
CONSULTANT shall provide proof of workers' compensation insurance
coverage for all of its employees pursuant to this agreement.
Evidence of such insurance shall be furnished to CITY'S Risk
Management Division prior to commencement of this agreement.
B. Professional Liability Insurance.
Professional liability insurance covering the professional
services provided by CONSULTANT, including coverage for professional
errors and omissions, in a combined single limit of not less than
$100,000.00 per person.
C. Certificate of Insurance.
The Certificate of Insurance shall provide that the CITY shall be
notified, in writing, thirty (30) days prior to any cancellation or
reduction in the above insurance coverages.
10. Attorney's Fees.
In the event an action is fi led by either party to enforce rights
under this agreement, the prevailing party shall be entitled to recover
reasonable attorney's fees in addition to any other relief granted by the
court.
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Termination of Agreement.
Either party may termi nate thi s agreement wi thout cause and for any
reason by giving thirty (30) days advance written notice of termination to
the other party.
Notices.
Any notice required to be given hereunder shall be deemed to have been
given by depositing said notice in the United States mail, postage prepaid,
and addressed as follows:
CITY
CONSULTANT
Chief of Police
Police Department
466 West 4th Street
San Bernardino, CA 92401
Internal Control
William S. Lane,
Polygraphist
435 Orange Show Lane
Suite 102
San Bernardino, CA 92408
October 16, 1990
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13. Entire Agreement.
This contract constitutes the entire agreement between CITY and
CONSUL TANT and may be modified only by further written agreement between
the parties.
IN WITNESS WHEREOF, this agreement has been executed by the parties
effective as of the date and year first above written.
ATTEST:
CITY OF SAN BERNARDINO, a
Municipal Corporation of the
State of California
By
W.R. Holcomb, Mayor
City Clerk
CONSULTANT
By
William S. Lane, Polygraphist
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
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October 16, 1990
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