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Report ID: 25-508   
Type: Consent
Meeting Body: Board of Directors - Regular Meeting
Meeting Date: 10/22/2025 Final action: 10/22/2025
Recommended Action: Consider approving amendments to Board Policy 202 - Background Investigations. Staff Contact: James Arcellana, Executive Director of Human Resources
Attachments: 1. STAFF REPORT, 2. Att 1. BP 202 - Background Investigations Redlined

TO:                     AC Transit Board of Directors                                          

FROM:                                             Salvador Llamas, General Manager/Chief Executive Officer

SUBJECT:                     Review of Board Policy 202 - Background Investigations                     

 

ACTION ITEM

AGENDA PLANNING REQUEST:   


RECOMMENDED ACTION(S):

 

Title

Consider approving amendments to Board Policy 202 - Background Investigations.

 

Staff Contact:

James Arcellana, Executive Director of Human Resources

Body                                          

STRATEGIC IMPORTANCE:

 

Goal - High-Performing Workforce

Initiative - Employee Recruitment, Training and Retention

 

The Background Investigations Policy supports the District’s strategic goal of providing safe and secure operations. By requiring background checks, the policy protects the District’s passengers, employees, and assets. These safeguards help ensure that hiring and employment practices reflect the District’s commitment to safety, accountability, and public trust.

 

BUDGETARY/FISCAL IMPACT:

 

There is no budgetary or fiscal impact associated with this report.

 

BACKGROUND/RATIONALE:

 

Board Policy 202 is the District’s Background Investigations policy. Staff has reviewed the Policy and recommends minor amendments to update and clarify the policy. 

 

Section II. Definitions - The definition of “Background Check” or “Background Investigation” was condensed to limit repetition. The definition of “Background Check Review Committee” was updated to reflect the current committee members.

 

Section III.A. Policy - Language in this section was revised to clearly reflect the scope and process of the background checks currently conducted as part of the District’s employment practices.

 

Section III.B. Policy - Language changes were made to clarify the verbiage related to the use of consumer credit reports for employment purposes, removing a code subsection that is not utilized by the District and ensuring the policy is precise, transparent, and consistent with applicable practices.

 

Section III.C. Policy - This section was revised to provide clarity and identify which uses of background checks are precluded by specific code sections.

 

Section III.D. Policy - Revisions were made to enhance readability and ensure the policy is presented in a clear and easily understood manner. Additional language is added to detail the process used to disqualify an Applicant based on their criminal background review, including providing the Applicant an opportunity to provide additional information.

 

ADVANTAGES/DISADVANTAGES:

 

Amending the Background Investigation Policy provides clarity and ensures consistency with the District’s current practices and procedures. The proposed amendments strengthen transparency, reduce ambiguity, and align the written policy with the way investigations are conducted in practice. This alignment promotes consistency across the organization, supports compliance with applicable standards, and enhances accountability.

 

Staff has identified no disadvantages to the proposed amendments.

 

ALTERNATIVES ANALYSIS:

 

Staff considered retaining the current version of the Background Investigation Policy; however, this approach is not recommended. The existing policy contains outdated references, less precise definitions, and language that does not fully reflect the District’s current employment practices. Leaving the policy unchanged would perpetuate ambiguity and inconsistencies in application. By contrast, the proposed amendments provide clarity, ensure consistency with present-day procedures, and strengthen the District’s ability to apply the policy uniformly across the organization.

 

PRIOR RELEVANT BOARD ACTION/POLICIES:

 

Board Policy 202

 

ATTACHMENTS:

 

1.                     Board Policy 202 - Background Investigations - Redlined

 

Prepared by:

Christy McCree, Human Resources Manager

 

In Collaboration with:

James Arcellana, Executive Director of Human Resources

Mercedes Stephenson, Senior Human Resources Administrator

 

Approved/Reviewed by:

James Arcellana, Executive Director of Human Resources

Aimee L. Steele, General Counsel/Chief Legal Officer