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AGENDA ITEM REPORT

Title: Report on Amendment to Commission Regulation 1001 - Definitions, Adopt Commission Regulation 1201 - Definitions Related to Peace Officer Certification
REPORT PROFILE
MEETING DATE
5/25/2022
BUREAU SUBMITTING THIS REPORT
RESEARCHED BY (PRINT NAME)
Michelle Weiler
REVIEWED BY (PRINT NAME)
REPORT DATE
03/10/2022
APPROVED BY
Manuel Alvarez, Jr.
DATE APPROVED
05/10/22
PURPOSE
Decision Requested
FINANCIAL IMPACT
No

ISSUE:

Should the Commission amend Commission Regulation 1001 - Definitions and adopt new Commission Regulation 1201 - Definitions Related to Peace Officer Certification?

 
BACKGROUND:

On September 30, 2021, Governor Newsom signed Senate Bill (SB) 2. SB 2 made significant changes to existing Government and Penal Codes, respectively. These changes provide for additional peace officer hiring eligibility requirements and also grants POST the authority to certify all peace officers in California, and subsequently take action against those certifications, should POST determine serious misconduct occurred. While the peace officer eligibility hiring requirements went into effect on January 1, 2022, the remaining changes to Government and Penal Codes will go into effect on January 1, 2023.

After thorough review of SB 2, POST staff determined it was necessary to amend Commission Regulation 1001 - Definitions and adopt Commission Regulation 1201 - Definitions Related to Peace Officer Certification under new Article 4. Peace Officer Certification, to:

- Remove from Commission Regulation 1001 terms related to certificates issued to peace officers; renumber to accommodate the removal of these terms, correct grammatical or punctuation errors; 

- Relocate terms related to certificates issued to peace officers to proposed Commission Regulation 1201; 

- Define additional terms specifically related to the peace officer certification and decertification process.

ANALYSIS:

After thorough review of SB 2, POST staff determined the requirement of new definitions  relating to eligibility for peace officer specific certificates and the process for certification and decertification of a peace officer. Specific terms were removed from Commission Regulation 1001 and relocated to proposed Commission Regulation 1201, as appropriate. The relocation of the specified terms allows for regulations specifically related to peace officer certification and decertification to be located under a single article for clarity. It also shortens both Commission Regulation - 1001 and 1201, respectively, by focusing them on the specific definition of terms related to their respective Articles. Therefore, POST staff propose to amend Commission Regulation 1001 - Definitions to remove terms related to certificates issued to peace officers and relocate them to a new Commission regulation; renumber to accommodate the removal of these terms, duplicate terms from Commission Regulation 1001 into Commission Regulation 1201 that are used in both Article 1 and proposed Article 4, and correct grammatical or punctuation errors.

Additionally, it was determined there is a need to create a new series of regulations categorized under newly created Article 4. Peace Officer Certification. This allows for all regulations related to the certification of a peace officer to be housed in one section and adds clarity and ease of use when POST staff, the regulated public, or other members of the public seek guidance relating to peace officer certification.

POST staff propose to adopt new Commission Regulation 1201 - Definitions Related to Peace Officer Certification as the first of regulation of Article 4 to create regulatory language to define terms specifically related to the peace officer certification and decertification process, as well as eligibility for professional certificates issued to peace officers. The terms relocated from Commission Regulation 1001 to proposed Commission Regulation 1201 are: “Acceptable College Education,” and “Certificate Programs,” “Executive Position,” “First-level Supervisory Position,” “Middle Management Position,” and “Quasi-supervisory Position.” Sixteen terms related to peace officer certification were also included in the proposed regulatory language.

POST staff re-evaluated the regulations and with the concurrence of the Office of Administrative Law decided to keep the following definitions in both Commission Regulation 1001 and proposed Commission Regulation 1201 for clarity purposes because they will be used in both Articles 1 and 4:

-“Executive Position”

-“First-level Supervisory Position”

-“Middle Management Position”

-“Quasi-supervisory Position”

RECOMMENDATION:

POST staff recommend the Commission amend Commission Regulation 1001 - Definitions and adopt new Commission Regulation 1201 - Definitions Related to Peace Officer Certification.

If the Commission concurs, the appropriate action would be a MOTION to approve the amendment to current and adoption of new regulations specified in this report.

If the Commission approves the first motion and concurs, the appropriate action would be a MOTION to approve the amendment to the modified text of Commission Regulation 1001 as described in the staff report. 

 
ATTACHMENT(S):
Name: Type:
TPRA_Reg1001.pdf Exhibit
2022-11_TPRA_Reg1001_Modified.pdf Cover Memo
TPRA_Reg1201.pdf Exhibit