As part of an ongoing process, current regulations and procedures related to Basic Course Waiver and Requalification Requirements are periodically reviewed to determine if they are consistent with current practice, clear and concise and meet the needs of POST’s clients.

Regulation 1008(b)(1) requires that any individual who has successfully completed a POST-certified Regular Basic Course or Specialized Investigators’ Basic Course, has been awarded a POST Basic Certificate or Specialized Basic Certificate, and who has previously served in a California peace officer/Level I reserve officer position with qualifying service, successfully complete the 136-hour POST Certified Requalification Course after a three-year-or-longer break from the last date of qualifying peace officer service. This regulation is referred to as the “Three-Year Rule.”

Pursuant to this regulation, the Executive Director may grant an exemption to the requalification requirement to an individual who possesses a POST Basic Certificate and is returning to law enforcement after a three-year-or-longer break in service, and:

1. Is re-entering into a middle management or executive rank and will function at the second-level of supervision or above; or
2. Has been, with no longer than a 60-day break in service between law enforcement employers as a regular peace officer, employed continuously in another state as a full-time regular peace officer; or
3. Has served, with no longer than a 60-day break in service between law enforcement employers, continuously as a Level I reserve officer in California and the individual’s agency chief executive attests in writing that the individual is currently proficient; or
4. The individual’s employment, training, and education during the break in service provides assurance, as determined by POST, that the individual is currently proficient; or
5. Is re-entering law enforcement in a permanent or light duty assignment not involving general law enforcement duties if attested to in writing by the agency chief executive

Assessment of such requests is labor intensive and time consuming for POST staff. POST Regulation 1008(3)(A)1-4 as currently written indicates that individuals may submit a request for these exemptions. This request can be made without the individual having any potential job offer or having applied to an agency. The majority of these exemption requests are for re-entry into middle management positions and a significant amount of staff time can be consumed processing requests for individuals with no immediate employment opportunity.  Also, part of the criteria to grant this exemption is the verification from the prospective agency of the intended appointment to the middle management position and the intended duty assignments.

Because of this POST adopted its current practice to require the request for this exemption to originate from the prospective hiring agency (e.g. human resources director or chief of police) verifying that the agency intends to employ the applicant, and a description of the intended assignment. Once POST has received the letter from the hiring authority, staff conducts the necessary audit and examination of the applicant’s training and employment history, and intended appointment and duty assignment, and if approved sends a letter authorizing the exemption to the hiring authority.

Having the criteria required from the agency and being able to focus staff time on requests that are based on an active job offer allows a more rapid response to the agencies, allowing them to hire candidates in a timelier manner. This also ensures the applicant meets the regulatory requirements for the intended position.

POST regulation currently requires the prospective hiring agency to submit the request for exemption for a potential candidate under paragraph 5 when verification is required that an individual is re-entering law enforcement in a permanent or light duty assignment not involving general law enforcement. However, current regulation does not codify the similar requirements for either the middle management exemption or the exemption based on proficiency due to employment, training, and education.

In order for Commission Regulation to reflect its current and more efficient practice, and to be consistent in the submission of requests for exemptions, staff is requesting Commission approval for the following amendments to Regulation 1008: 

• Requiring the request for exemption to be made by the prospective hiring agency, description of the intended job classification and duty assignments, and any required documentation of prior employment, training, and education and the dates completed as applicable to the criteria outlined in subsection 1008 (3)(a)(1-5);
• Eliminating paragraph 3 established in 1996 pertaining to the grandfathering of A, B, and C trained reserve officers.  This section is no longer necessary; and
• Clarification was added that the exemption is granted to the specific agency requesting the exemption, and it is for the position described in the request for exemption.

The proposed amended language is reflected in ATTACHMENT A.

This item supports Strategic Plan Objective B.1, POST regulations are relevant, comprehensive, and consistently applied.