The Law Enforcement Code of Ethics serves as an affirmation that the individual, as a law enforcement officer, will adhere to the Constitution, act in a manner consistent with the law and departmental policies and do so ethically and without undue influence. Commission Regulation 1013 requires that the Code of Ethics be administered to all peace officer trainees during the basic course and to all other persons at the time of appointment.

The Commission has requested that the language be reviewed to ensure it is contemporary, germane, and inclusive of all who are served by California law enforcement. The actual text of the language is provided in Commission Procedure C-3, which is referenced in Regulation 1013.

Over the course of the past year and at the three prior Commission Meetings, (October 18, 2018, February 21, 2019, and May 30, 2019), the Commission approved removal of the terms “mankind,” “men,” from the Code of Ethics. These decisions were vetted through the Office of Administrative Law (OAL) Rulemaking Process, and were approved.

However, further research by the OAL revealed that Commission Procedure C-3 was never formally incorporated by Regulation in years past.

In order to by codified into law, all subordinate documents, e.g. Commission Procedures,  must be formally incorporated by Regulation. 

The current version of Regulation 1013 states, "The Law Enforcement Code of Ethics, as stated in PAM Section C-3, shall be administered to all peace officer trainees during the basic course and to all other persons at the time of appointment."

The language references Commission Procedure C-3, but does not formally incorporate it.  Although a matter of technicality, and even though the prescribed actions were the express direction of the Commission, Procedure C-3 was never formally adopted and is therefore technically not a matter of Regulation.

As the Code Regulations was first discussed approximately 50 years ago, current POST staff are unaware of the circumstances of how Procedure C-3 was never formally adopted, and have not been able to locate any historical documentation in archives that would provide further illustrative assistance.

Consequently, the language approved for Commission Procedure C-3 must be formally incorporated by reference, or transferred to Regulation 1013.

POST Staff recommended the language transferred from Procedure C-3 into Regulation 1013 at the February 2019 Commission Meeting, but only did so to streamline Regulations.  At that time POST staff were not aware of the current OAL concern regarding a lack of formal adoption.  At that meeting in February 2109, the Commission elected to postpone a formal vote on the matter due to the complexity of the issue.

POST Staff prefer the latter recommendation, as it provides more clarity in Regulation.

To assist the Commission, attached is the proposed Regulation 1013, as well as a strikeout version of Commission C-3. (Even though C-3 was never codifed and therefore does not need formal strikeout, it is nevertheless provided for Commission reference).

Staff recommend codifying the text of the Law Enforcement Code of Ethics into Regulation 1013.. 

If the Commission concurs, the appropriate action would be a MOTION to approve the proposed changes to the Law Enforcement Code of Ethics by codifying the text into Regulation 1013 as described in Attachment A.