The POST certified Regular Basic Course (RBC) is the training requirement for peace officer candidates in California seeking employment with a POST participating agency as a city police officer, sheriff's deputy, marshal, district attorney investigator, campus police officer, park police officer, or Level 1 Reserve peace officer.

On February 18, 2010, Cordischi successfully completed the RBC at the Rio Hondo Police Academy.  His completion of the RBC is reflected on his POST Profile Report (see Attachment A).

On December 18, 2015, Cordischi successfully completed the POST 136-hour Requalification Course at the Orange County Sheriff’s Department. His completion of this course is also reflected on his POST Profile Report (see Attachment A).

Pursuant to POST Regulation 1008, graduates of the RBC have a three-year window of opportunity to be appointed as a peace officer. This regulation is commonly referred to as the “Three-Year Rule.”  After three years, if the individual has not been appointed as a peace officer, he/she is allowed to take the POST Requalification Course (136 hour minimum) one time within six years from the date of the RBC completion.  This Regulation is commonly referred to as the “Six-Year Rule” (see Attachment B). 

After completion of the Requalification Course, the student must be appointed as a peace officer within the remaining six-year timeframe.  If the graduate is not appointed to a qualifying peace officer position within six years, Commission Regulation 1008(b)(2) specifies that, they must successfully complete the appropriate full course, Regular Basic Course (RBC – 664 hour minimum) or Specialized Investigator Basic Course (SIBC-591 hour minimum) to requalify for peace officer appointment.

Based on Cordischi’s initial graduation date of February 18, 2010, his six-year window of opportunity to be appointed as a peace officer expired on February 18, 2016, even though he completed the Requalification Course on December 18, 2015.

On March 7, 2016, 20 days after Cordichsi’s six year window closed, the San Marino PD appointed him as a full-time peace officer, apparently due to a presumption that Cordsichi’s completion of the Requalification Course in 2015 “refreshed” his RBC training, and that he was therefore eligible for hire.

Several months later, POST discovered this issue during a routine Compliance Audit, and advised San Marino PD that Corsdschi’s appointment was not within POST regulation.

On October 24, 2016, San Marino PD requested Cordischi be granted an exemption from the Six-Year Rule, based on the totality of the circumstances, which included the fact that the appointment was done so inadvertently and without intent to bypass regulation, and the fact that the 20 day difference between his appointment and regulatory compliance was comparatively insignificant with respect to his ability to serve as a peace officer (see Attachment C).

The request for exemption was evaluated for consistency with regulation, as well as proper interpretation of the Commission’s intent when the regulation was created. Careful consideration was given to the facts at hand. Specifically, POST staff analyzed regulation, including the implementation of the Six-Year Rule, and determined the best course of action would be to seek clarification and guidance from the Commission to ensure staff’s application of the regulation was consistent with the original intent, particularly since regulation does not clearly define the Executive Director’s authority in this matter.

On December 9, 2016,  Executive Director Alvarez denied the appeal and advised the San Marino PD that the appropriate course for remedy would be to bring the matter before the full Commission (see Attachment D).

December 14, 2016, San Marino PD provided a written request to appeal for an exemption before the full Commission.

Mr. Cordischi’s agency requests an exemption from the POST Six-Year Rule. POST Regulation 1008 mandates that an individual who successfully completed a Regular Basic Course, Specialized Investigators’ Basic Course, or the Basic Course Waiver Process on or after July 1, 1999, but who never served in a California peace officer/Level I reserve officer position for which a Regular or Specialized Investigators’ Basic Course is required, may requalify by successfully completing a POST-certified Requalification Course one time within six years from the date of basic course or waiver process completion. After six years, an individual must successfully complete the appropriate basic course (RBC or SIBC) to requalify, regardless of when the Requalification Course was completed.

POST staff researched the evolution of the Six-Year Rule, and discovered the initial agenda item document.  The Six-Year Rule was created after the Commission approved an Agenda Item to establish more restrictive eligibility requirements for the requalification process on January 21, 1999.  These proposed requirements were brought to the Commission specifically to address concerns realized when presenters of the requalification course reported an inordinate amount of time needed to bring trainees up to a cognitive and skill level prior to testing and skills evaluation, as well as a marked increase in trainees injured due to skill levels that had become stale (see Attachment E).

Pursuant to Regulation 1008 (b)(3)(B), the Commission may, in response to a written request or on its own motion, upon a showing of good cause and based upon an individual’s employment, proficiency, training, and education, exempt an individual from completion of the basic course requalification requirement. In such cases the individual shall:

1) have satisfied the Regular Basic Course training requirement;

2) become reemployed as a peace officer after a three-year-or-longer break in service.

An analysis of the fact pattern that led to this situation reveals Cordischi’s appointment was done so inadvertently and without intent to bypass regulation. Further, the 20 day difference between his appointment and regulatory compliance is insignificant with respect to his ability to serve as a peace officer, as evidenced by his agency’s attestation that he is performing well and has demonstrated proficiency via completion of the Field Training Program (see Attachment F).

Additionally, Cordischi has demonstrated proficiency as a peace officer as evidenced by Departmental recognition for good performance (see Attachments G and H).

As a result of the demonstrated performance by Cordischi, San Marino PD intends to keep him as a peace officer. As a contingency, San Marino PD has already enrolled Cordischi in another RBC, but intends to remove him from the RBC in order to return him to his peace officer assignment immediately if the Commission approves this request.

On January 11, 2017, POST received a formal request from the San Marino Police Department, seeking approval for the matter to be heard before the full Commission (See Attachment I)