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 March 20, 2008, Cadzow 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 3, 2009, the Glendora Police Department appointed Cadzow as a Level II reserve, where he served until January 31, 2012. During that time Cadzow served in a volunteer capacity as a patrol officer, performing a cumulative total of approximately 960 hours. His assignment allowed him to perform an extensive array of general law enforcement duties encompassing the full range of requests for police services and perform enforcement action on the full range of law violations, while under supervision. During this time he completed the agency’s field-training, and participated in regular training sessions to maintain currency in his proficiency levels.
In October 2011, Cadzow was employed by the Claremont College Campus Safety Department as a Campus Safety Officer. This was a non-sworn position for a private entity, under an agreement with the Claremont Police Department. In this capacity Cadzow was not a peace officer, but he performed security duties that involved a modicum of patrol and investigative duties and he participated in regular first responder training to refresh his skills. Cadzow left this position in February of 2015.
On January 19, 2015, 10 months after Cadzow’s six-year window closed, Sierra Madre PD appointed him as a Level I Reserve Peace Officer, eventually transitioning him to a full time officer on February 23, 2015. Several months ago, POST discovered this appointment during a routine Compliance Audit, and determined that Cadzows’s initial appointment was not within regulation.
In the time-frame after Cadzow’s non-compliant appointment with Sierra Madre PD, he successfully completed the formal Field Training Program has performed with distinction, earning praise from supervisors. Due to his productive work performance the PD selected him to be a Field Training Officer (FTO), and subsequently sent him to POST FTO Course.
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 for which a Regular or Specialized Investigators’ Basic Course is required, 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 total six-year time-frame. If the graduate is not appointed to a qualifying peace officer position within six years of completion of the RBC or SIBC, 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 Cadzow’s initial graduation date of March 20, 2008, his six-year window of opportunity to be appointed as a peace officer expired on March 20, 2014. This occurred due to the fact he was appointed as a Level II Reserve (which only requires completion of Modules III and II), rather than a Level I reserve or full-time officer (which requires completion of the full RBC). Appointment to a Level II Reserve position is not qualifying service to stop the three-year/six-year rule. Had Cadzow been appointed as a Level I Reserve by Glendora PD, instead of a Level II reserve, the Six-Year Rule would not apply and he would be eligible to complete the 136-hour POST Requalification Course instead of another full RBC. Staff contacted Glendora PD to determine if the appointment to a Level II Reserve was in error and it was determined that Level II was the correct appointment at the time.
On October 21, 2016, Sierra Madre PD requested Cadzow 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 as well as his demonstrated work performance (see Attachment C).
In order to remedy the situation, Sierra Madre PD asked that Cadzow be allowed to attend the Requalification Course to refresh his skills. Although this would be a deviation from regulation since Cadzow’s appointment was that of a Level II Reserve, Sierra Madre PD brought up the point that his duties as a Level II Reserve were similar to that of a Level I Reserve. The Sierra Madre PD opined that Cadzow’s demonstrated achievement in successfully passing a strenuous Field Training Program, compounded by his performance as a working peace officer, positive evaluations, and eventual selection as an FTO were strong evidence that he possessed the necessary competencies to serve as a peace officer, and to require him to attend another entry-level RBC would be redundant and unproductive.
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 19, 2016, Executive Director Alvarez denied the appeal and advised the Sierra Madre PD that the appropriate course for remedy would be to bring the matter before the full Commission (see Attachment D).
Sierra Madre PD subsequently requested that the matter be appealed, and heard before the full Commission.
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