POST staff examined current oversight types; advanced officer course design/requirements; advanced officer courses applicable to civilian oversight; and current regulation regarding reimbursement for POST training.
TYPES OF OVERSIGHT
On May 19, 2019, POST was provided a report by the National Association of Civilian Oversight of Law Enforcement (NACOLE) titled “Civilian Oversight of the Police in Major Cities" (attached for reference). The report identified 26 agencies in California which have civilian oversight. Using the list POST conducted an evaluation of the various type of oversight. Furthermore, open source information revealed two general types of law enforcement oversight: appointed and professional oversight. Appointed oversight is provided by appointed part-time civilians, typically with a narrow authority, who review internal documents or information specific to their assigned duties.
The duties for appointed oversight generally fall into three categories. The first category duties related to citizen complaints include the following:
- Intake, track and evaluate results of complaints
- Review results of complaint investigations
- Investigate complaints against officers or agency employees
- Conduct hearings into misconduct
- Provide a public forum to address concerns about an agency
The second duty is to provide advice on department policies, procedures, and practices. This is typically in response to findings in complaint reports or following critical incidents. This process allows community participation in the development and/or change of policies, procedures or practices.
The third typical duty is to submit reports as needed within their scope of duties. The reports may be annual, statistical, or related to specific incidents.
Appointed oversight bodies have an advisory role only and do not generally have the authority to require change within the agency. However, there are a few exceptions. The Los Angeles Police Commission serves as the head of the department and the Chief of Police serves as the Chief Executive Officer. The second exception is the Oakland Police Commission has approval authority over changes to policies and procedures; can require the Chief of Police to submit annual reports; can provide a list of four candidates to the mayor to be used for appointment of the Chief of Police; and has the authority to remove the Chief of Police for cause. The third exception is the San Francisco Police Commission, which sets department policy, conducts disciplinary hearings, and imposes discipline on departmental personnel.
The second type of professional oversight consists of full-time employees or contract companies which typically provide comprehensive and professionally trained oversight. These persons or companies are hired based on their background and training in the administration of police agencies, experience or certification in police oversight, and can include licensed attorneys. Individuals hired to conduct professional oversight have various titles that can include Office of the Independent Police Auditor, Office of the Inspector General, and the Office of Public Safety and Accountability. Firms hired by a county or municipality are typically law firms or groups which specialize in oversight of law enforcement.
Persons and firms hired to conduct professional oversight typically have training along with experience and certifications allowing them to perform the duties. Many hired to conduct professional oversight have either an attorney-client privilege with the police agency, or authority from the hiring body to internal information not given to appointed oversight bodies. The access might include personnel investigations, personnel files, case files in criminal or administrative investigations, in-custody deaths, or officer-involved shootings. Professional oversight firms or employees are usually employed by a county, city council, or city manager and are charged with the responsibility of reviewing all aspects of the agency and providing input and/or recommendations to the decision makers overseeing the agency. Professional oversight entities perform most of the duties normally performed by appointed oversight bodies and some or all of the following:
- Review personnel complaints
- Investigate citizen and departmental complaints
- Monitor internal processes including issuance of discipline
- Make recommendations regarding personnel complaints
- Audit incidents with liability to include:
o Use of force
o Officer-involved shootings
o In-custody deaths
o Traffic collisions
o Complaints
o Collisions during pursuits
o Retaliation claims
- Respond to critical incidents including:
o Officer-involved shootings
o In-custody deaths
- Provide community interaction and communication
- Provide reports to employer and/or the public
Some agencies have both appointed and professional oversight (attached for reference).
Professional oversight bodies commonly assist appointed oversight bodies by providing formal and informal training. Appointed oversight bodies provide agency-specific training related to their unique duties.
There are currently 12 California agencies which have appointed oversight; six agencies which have professional oversight; and eight agencies which have both. In total, there are 26 agencies with oversight bodies, with 34 individual entities providing some level of oversight.
It is unlikely that professional oversight bodies need or will seek out training from POST. However, appointed oversight bodies, often with little or no knowledge of law enforcement, need some level of training to be proficient in their assigned duties.
ADVANCED OFFICER COURSE DESIGN AND COURSES APPLICABLE TO CIVILIAN OVERSIGHT
POST advanced officer courses are created for the training of law enforcement officers or employees based on the requirement that all students are either peace officers that have completed a basic training course or full-time non-sworn employees of an agency performing police tasks. All POST participatory agencies are required to send new peace officers to basic training, including either the Basic Academy (minimum of 664 hours) or the Specialized Investigator Basic Course (692 hours). After passing one of the basic training courses, employees are eligible to attend advanced officer courses.
For specialized training in the Robert Presley Institute of Criminal Investigation (ICI), an 80-hour basic investigation course, the Core Course is a prerequisite for specialty courses that include:
- Arson and Explosives
- Child Abuse
- Computer Crime
- Domestic Violence
- Environmental Crimes
- Financial Crimes
- Gangs
- Homicide
- Human Trafficking
- Identity Theft
- Narcotics
- Robbery
- Sexual Assault
- Vehicle Theft
- Vice
Classes that may be applicable to civilian oversight in the ICI program might include the Domestic Violence or Homicide course. Listed in the course catalog are courses presented by a wide array of presenters across the state that are offered to peace officers, non-sworn or paraprofessional personnel that may be applicable to civilian oversight of law enforcement. These courses include:
- Internal Affairs Investigation - 24 hours
- Interview and Interrogation - 16-24 hours
- Legal Update - 4 hours
- Officer Involved Incident Investigation - 8 hours
- Death Investigation - 16 hours
- Officer Involved Shootings- Supervisory/Management Responsibility -16 hours
- Critical Incident Management - 8 hours
- Basic Traffic Investigation - 40 hours
There is no POST approved course in civilian oversight of law enforcement. Also, there is no current POST course(s) specific to typical duties assigned to appointed oversight bodies, including training in the creation of agency policies and procedures, the evaluation of agency best practices, or procedures and law related to conducting public meetings.
REIMBURSEMENT REGULATION
Agencies participating in the POST program may be reimbursed for training costs by POST.
Penal Code 13523(a) requires that state aid shall be provided only for training expenses of full-time, regularly paid employees of eligible agencies from cities, counties, districts, or joint powers agencies. POST Regulation 1001 defines full-time employment as employment defined by a state, local or department regulation, charter, resolution, or ordinance: wherein, the employee normally works in excess of 20 hours weekly or 87 hours monthly; is tenured or has a right to due process in personnel matters; and is entitled to workers compensation and retirement provisions as are other full-time employees of the same personnel classification in the department. Training expenses of full-time non-sworn personnel performing police tasks and for paraprofessionals attending a certified Basic Course may also be reimbursed.
Appointed oversight bodies are typically part-time volunteers and POST can not legally reimburse them for any of their training. Full-time professional oversight personnel are typically employed by a county or municipality, not a law enforcement department, and would not qualify for any training reimbursement. This is also the case for law firms or companies hired on a contractual basis to provide oversight.
CONCLUSION
Currently, there are 20 appointed and 14 professional law enforcement oversight bodies in California. POST staff does not believe the professional oversight bodies need or will seek out any training from POST. The 20 appointed oversight bodies are receiving either formal or informal training from the agency they are appointed to oversee based on the duties they are charged to perform.
POST cannot reimburse training costs for non-agency (contract oversight or full-time professional oversight employed by a county or city) employees or part-time employees with oversight duties. Any costs associated to the training of civilian oversight bodies will be the responsibility of the appointing agency.
The identified courses which may be applicable to civilian oversight bodies are designed for peace officers or non-sworn employees performing police tasks.
Below is a list of pros and cons regarding POST classes suitable for appointed oversight bodies:
Pros:
- Increase in law enforcement knowledge
- Increase in knowledge regarding law enforcement investigative procedures and processes
- Increase in understanding of law enforcement policies, procedures, and practices
- Knowledge related to duties assigned to civilian oversight
- Improve performance in oversight duties
- Augment training provided by appointing agency
Cons:
- Agency specific training is already provided to civilian oversight bodies
- Resources need to be expended to develop a civilian oversight course
- Much of the information provided in advanced officer courses is based on students possessing basic or prerequisite training
- Most appointed personnel will not have basic or prerequisite training
- Student learning outcomes will be questionable without basic or prerequisite training
- No reimbursement is available for part-time/volunteer employees
No current POST courses specifically address the core duties of appointed oversight bodies; policy or procedure creation; the evaluation of agency best practices or procedures; and the laws related to conducting public meetings. |