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” |