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AGENDA ITEM REPORT

Title: Report on Peace Officer Ineligibility for Appointment in California Law Enforcement (PC 13510.7)
REPORT PROFILE
MEETING DATE
2/8/2018		 BUREAU SUBMITTING THIS REPORT
Executive Office
RESEARCHED BY (PRINT NAME)
Jennifer Van		 REVIEWED BY (PRINT NAME)
Dave Althausen
REPORT DATE
12/15/2017		 APPROVED BY
Manuel Alvarez		 DATE APPROVED
01/22/2018
PURPOSE
Information Only		 FINANCIAL IMPACT
No

ISSUE:
POST staff, in conjunction with POST DOJ Counsel Toby Darden, have identified both the need to adhere to the mandate of the Penal Code, and the potential problem areas with respect to verifying/contacting an individual regarding that individual's right to his or her exhaustion of appeals, under 13510.7 (c). It has been estimated by DOJ staff there are approximately 350 - 500 (known) individuals who were peace officers who have been convicted of a felony over the past five-years. POST is working with DOJ to identify exactly how many of these are verifiable or are former peace officers or peace officer candidates who were denied DOJ clearance to possess a firearm prior to attending a Basic/Reserve Academy.
BACKGROUND:

Currently, 43 states which have a POST-type agency or other regulatory agency overseeing training and standards for peace officers, actively decertify or revoke licenses to be peace officers for felonies or other serious criminal offenses (See Attachment A). Staff is continuing research into the levels of discipline that these other states adjudicate. Additional background material is attached (See Attachment B).

California Penal Code §13503(i) and §13506 restrict POST's ability to revoke certificates as follows:

California Penal Code §13503

(i) Except as specifically provided by law, the commission shall not have the authority to cancel a certificate previously issued to a peace officer pursuant to this chapter.

California Penal Code §13506

The commission may adopt those regulations as necessary to carry out the purposes of this chapter.  The commission shall not have the authority to adopt or carry out a regulation that authorizes the withdrawal or revocation of a certificate previously issued to a peace officer pursuant to this chapter.  Except as specifically provided by law, the commission shall not have the authority to adopt regulations providing for the cancellation of a certificate.

California Penal Code §13510.7 directs POST to include language on the training profiles of individuals convicted of a felony, as follows:

(a)Whenever any person holding a certificate issued pursuant to Section 13510.1 is determined to be disqualified from holding office or being employed as a peace officer for the reasons set forth in subdivision (a) of Section 1029 of the Government Code, and the person has exhausted or waived his or her appeal, pursuant to Section 1237 or Section 1237.5, from the conviction or finding that forms the basis for or accompanies his or her disqualification, the commission shall cause the following to be entered in the commission’s training record for that person: “THIS PERSON IS INELIGIBLE TO BE A PEACE OFFICER IN CALIFORNIA PURSUANT TO GOVERNMENT CODE SECTION 1029(a).”

(b)Whenever any person who is required to possess a basic certificate issued by the commission pursuant to Section 832.4 or who is subject to subdivision (a) of Section 13510.1 is determined to be disqualified from holding office or being employed as a peace officer for the reasons set forth in subdivision (a) of Section 1029 of the Government Code, the commission shall notify the law enforcement agency that employs the person that the person is ineligible to be a peace officer in California pursuant to subdivision (a) of Section 1029 of the Government Code. The person’s basic certificate shall be null and void and the commission shall enter this information in the commission’s training record for that person.

(c)After the time for filing a notice of appeal has passed, or where the remittitur has been issued following the filing of a notice of appeal, in a criminal case establishing the ineligibility of a person to be a peace officer as specified in subdivision (c), the commission shall reinstate a person’s basic certificate in the event a conviction of the offense requiring or accompanying ineligibility is subsequently overturned or reversed by the action of a court of competent jurisdiction.

(d)Upon request of a person who is eligible for reinstatement pursuant to paragraph (2) of subdivision (b) of Section 1029 of the Government Code because of successful completion of probation pursuant to Section 1210.1 of the Penal Code, the court having jurisdiction over the matter in which probation was ordered pursuant to Section 1210.1 shall notify the commission of the successful completion and the misdemeanor nature of the person’s conviction. The commission shall thereupon reinstate the person’s eligibility. Reinstatement of eligibility in the person’s training record shall not create a mandate that the person be hired by any agency.
ANALYSIS:
POST staff recommends an amendment be made to the penal code with respect to subsection (c), regarding the exhaustion of appeals, enabling full compliance with the mandate in the most expedient manner possible.
RECOMMENDATION:
 This report is presented for information only.  No action is required.
 
ATTACHMENT(S):
Name: Type:
Other_States_on_Decertifying_Officers.pdf Backup Material
Ineligibility_for_Appointment_as_a_CA_Peace_Officer_background_attachment.docx Backup Material