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This document, which is Attachment 2 to a polygraph policy recommendation letter dated 3 January 2001 by Margaret M. Whelan, General Manager of the City of Los Angeles Personnel Department, was obtained by under the California Public Records Act.
                                                    Attachment 2
                                                    Page 1 of 3

     9.  Use of Drugs and   a. Any substantiated pattern  of 
           Intoxicants      habitual use of  intoxicating 
                            beverages. Of most concern is use 
                            which has resulted in irresponsible 
                            behavior including but not limited 
                            to illegal conduct, alcohol related 
                            driving behavior, a poor work 
                            record, financial problems, or use 
                            which could impair a Police 
                            Officer's, Police Specialist's or 
                            Firefighter's ability to respond to 
                            an emergency call back to work.

                            b. Any substantiated illegal act 
                            involving narcotics or dangerous 
                            drugs as defined by state or federal 
                            law. Illegal use of hard narcotics 
                            or hallucinogenic drugs having 
                            flashback potential, or injecting of 
                            any drugs into the body illegally, 
                            is evidence of conduct not meeting 
                            the standard.

b.  Use of the Polygraph in the Background Investigation

          A polygraph examination may be recommended for use as an 
          investigative tool when investigating the background of 
          Firefighter, Police Specialist and Police Officer 
          candidates if during the investigation:

          (1) the candidate makes inconsistent or evasive 
              statements concerning potentially disqualifying 
              conduct in one or more background areas. The 
              candidate's statements must represent a clear 
              attempt to withhold information or must contradict 
              previous statements; or

          (2) adverse information concerning the candidate's 
              conduct is discovered which:

                   (a)  if true, may be grounds for 
                        disqualification in accordance with Civil 
                        Service Commission Policy; and

                   (b)  has not been admitted by the candidate; 

                   (c)  cannot be proven or disproven through the 
                        normal investigative process.

              Each recommendation to administer a polygraph 
              examination for purposes of (1) above shall include 
              the specific area(s) in which the investigator 

Attachment 2 Page 2 of 3 believes that the candidate was untruthful, and the specific evasive or inconsistent statements made by the candidate. For (2) above, the recommendation shall include a specific description of the adverse information discovered, and the reason for which such conduct, if true, may be disqualifying. Each recommendation to conduct a polygraph examination shall be reviewed by the General Manager. If after reviewing the recommendation and supporting reasons, it is determined that a polygraph examination is warranted in accordance with the above conditions, the General Manager shall approve the administration of the polygraph examination. The polygraph examination shall be conducted by a qualified polygraph operator of the Los Angeles Police Department, using standard equipment and accepted techniques. Each polygraph examination shall be tape recorded in its entirety including the pretest, intest, and post-test phases of the examination. The candidate shall be questioned about those problem areas which have been clearly identified in the approved recommendation to administer the polygraph examination. Questions involving other background areas may be asked as necessary for purposes of: 1) evaluating candidate's response patterns in the predetermined areas of concern, and 2) resolving apparent areas of deception on the part of the candidate, which if left unresolved would make the reliability of the results of the polygraph examination questionable. A member of the Personnel Department and/or a member of the employing Department may be present as observers. For each polygraph examination, a quality control analysis and review shall be made by at least two other polygraph experts for purposes of determining the reliability of procedures and validity of chart interpretation. A candidate shall be considered for disqualification on the basis of the results of the polygraph examination if: (1) During the polygraph examination, the candi- date admits to disqualifying conduct and evidence of the admission is maintained, or (2) The results of the polygraph examination
Attachment 2 Page 2 of 3 substantiate the concerns which resulted in the decision to administer the polygraph. Candidates for whom the polygraph results show deception in a background area other than those which led to the decision to administer the polygraph examination, and who have not admitted to disqualifying conduct: (1) may be referred for further background investigation, or (2) may be considered for disqualificaion utilizing the polygraph results as a factor in evaluating the total background of the candidate. A candidate being considered for disqualification after completing an LAPD-administered polygraph, may request that the General Manager approve an independent polygraph examination in accordance with the Board's approved guideline. An inde- pendent examination shall be at the candidate's own expense and in accordance with the Board's approved guideline and all examination conditions set forth in this Policy, and shall specifically include making the tape recording and charts available to the Personnel Department for independent quality control analysis and review if requested. (Amended 1-11-91, 6-16-00 and 8-11-00) 1.14 In those cases in which the appointing authority has reasonable cause to believe that an eligible or employee should not be assigned to duties which involve the operation of a motor vehicle on City business, the concerned party may request the Personnel Department to review the case. On the basis of a review of the duties and responsibilities of the positions in question, the Personnel Department shall determine what, if any, restrictions should be placed on the person's operation of motor vehicles on City business. The City shall not assume any responsibility for modifications to equipment or vehicles necessary to accomodate restrictions placed by the Department of Motor Vehicles on a person's driver's license. Nothing in this Section shall limit in any way the authority of the Personnel Department to otherwise review the driving record of applicants for positions or classes which require extensive driving. (Amended 6-16-00) 2. Deleted 6-16-00

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