Peace officers in the State of California must attend and complete a POST-certified basic police academy, and a certified field training program, and thereafter pass probation prior to obtaining a POST basic certificate. The POST basic certificate is the only certificate required by regulation to be a law enforcement officer. Once the certificate has been issued to an individual, pursuant to the California Penal Code (PC) the certificate belongs to the individual, much like a college degree.
During the round-table Commission meeting held August 26, 2020, the Commissioners requested POST staff research the Commission's authority to "decertify or render the basic certificate null and void." This action taken against an individual would be based on actions or in-actions during the scope of duties as a peace officer.
The PC has two specific code sections relating to the Commission's ability to decertify peace officers:
PC section 13503 (h) and (i) state:
"(h) 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."
"(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."
PC section 13506 states:
"The commission may adopt those regulations as are 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." |