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AGENDA ITEM REPORT

Title: Request to Modify Language in Law Enforcement Code of Ethics
REPORT PROFILE
MEETING DATE
2/21/2019		 BUREAU SUBMITTING THIS REPORT
RESEARCHED BY (PRINT NAME)
Scott Loggins		 REVIEWED BY (PRINT NAME)
REPORT DATE
01/23/2019		 APPROVED BY
Manuel Alvarez, Jr.		 DATE APPROVED
01/28/2019
PURPOSE
Decision Requested		 FINANCIAL IMPACT
No

ISSUE:
Should the Commission approve, subject to the Notice of Proposed Regulatory Action process, the proposed changes to Commission Regulation 1013 and provide revised language for the Law Enforcement Code of Ethics? 
BACKGROUND:

The Law Enforcement Code of Ethics (Code of Ethics) was adopted by the Commission as a requirement in 1966 (Attachment A). At the October 18, 2018 meeting, the Commission took into consideration the use of the terms “man,” “mankind,” and “before God.”  After considerable discussion, the Commission voted to remove the three quoted terms, to ensure that the Code of Ethics is relevant and more inclusive of all who are served by California law enforcement.

 

Due to a procedural technicality with the original agenda item for the Commission meeting on October 18, 2018, and after discussion with POST legal counsel and the Office of Administrative Law, a decision was made to re-agendize the matter.

 
ANALYSIS:
 

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. With few exceptions, the content has remained unchanged throughout the past five decades.

Commission Regulation 1013 (Attachment B) 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.

 

After considerable discussion at the October 18, 2018 meeting, the Commission approved removal of the terms “man,” “mankind,” and “before God” from the Code of Ethics. During the subsequent public comment period, POST received input from persons who oppose the language modification. Further, a member of the public requested that the Commission rescind the proposal, and re-address it at a subsequent meeting, based on his assertion that the initial agenda item lacked specificity with respect to a possible removal of the term “God,” and that it therefore did not afford the public the opportunity to fully take the proposed changes into consideration.

 

To be to fully transparent and provide the public with ample opportunity to voice their comments, POST staff have included in this agenda item, all of the properly submitted comments received during the public commentary period from the previously approved Commission agenda item well as the independent letter to the Commission Chair (Attachment C), requesting that the matter be postponed until the subsequent Commission meeting.

 

Irrespective of any modification of language, as a matter of consistency with the Commission’s mission to move all procedures into regulation, Commission Procedure C-3: Code of Ethics will be deleted and the language, as modified by the Commission, will be incorporated into Commission Regulation 1013. (Attachment D).

 

RECOMMENDATION:

Staff recommends that the Commission take the received public comments into consideration, discuss, and review the revisions to the Code of Ethics from the October 18, 2018 meeting (Attachment E), approve any revised language, including modification of Regulation 1013 and deletion of Procedure C-3, that will be submitted to the Office of Administrative Law for the Notice of Proposed Regulatory Action process, and read such revision onto the record for staff to memorialize.
 
ATTACHMENT(S):
Name: Type:
Attach_A_-_1966_Code_of_Ethics.pdf Cover Memo
Attach_B_-_Regulation_1013.pdf Cover Memo
Attachment_C_-_Public_Comments.pdf Cover Memo
Attach_D_-_Reg_1013_and_Proc_C-3.pdf Cover Memo
Attachment_E_LE_Code_of_Ethics.docx Cover Memo