Should the Commission amend Commission Regulations 1003 - Employment Status Notifications and 1012 - Conditions for Continuing Employment?

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 current regulations to address the following:

- Time allowed for completion of a Notice of Appointment in the Electronic Data Interchange (EDI);

- The bifurcation of the process for making a notice of appointment and submitting an Affidavit of Separation;

- Reflect that requests for corrections to incorrectly submitted records will no longer be accepted telephonically;

- The repeal of the Notice of Appointment/Termination form, POST 2-114 (02/2013);

- The adoption of Affidavit of Separation form, POST 2-357 (03/2022);

- The adoption of Attestation of Peace Officer Eligibility form, POST 2-356 (03/2022); and

- Require a valid Proof of Eligibility (POE) or Basic Certificate as a condition for continuing employment as a peace officer.

After thorough review of SB 2, POST staff determined it was necessary to amend current regulations to address the following:

POST staff proposed to amend Commission Regulation 1003 - Employment Status Notifications to update the language to show that effective January 1, 2023, a notice of termination or an Affidavit of Separation shall be submitted to POST within ten days rather than 30 days, pursuant to Penal Code Section (PC §) 13510.9 and reflect the use of EDI for submission of a notice of appointment or an Affidavit of Separation rather than the use of a Notice of Appointment/Termination (NOAT), which will be repealed. Proposed regulatory language will also reflect that requests for corrections to an incorrectly submitted record will no longer be accepted telephonically and shall be submitted in writing within ten days and include the justification for the correction to the record; and include clarifying language to reflect that notifications of disqualifications or reinstatements of a peace officer shall be made in writing to POST within ten days.

Penal Code § 13510.9 requires an Affidavit of Separation be submitted upon a peace officer's separation from employment, regardless of standing. As such, POST staff bifurcated the process for submitting a notice of appointment or separation. POST staff propose the repeal of the NOAT form, POST 2-114 (02/2013) and the adoption of Attestation of Peace Officer Eligibility form, POST 2-356 (03/2022) and Affidavit of Separation form, POST 2-357 (03/2022).

Penal Code § 13510.1 requires that all peace officers possess either a valid POE or Basic Certificate. As such, POST staff propose to amend Commission Regulation 1012 - Conditions for Continuing Employment to include the possession of a valid POE or Basic Certificate as a condition for continuing employment as a peace officer.

POST staff recommend the Commission amend Commission Regulations 1003 - Employment Status Notifications and 1012 - Conditions for Continuing Employment.

If the Commission concurs, the appropriate action would be a MOTION to approve the amendments to the regulations specified in this report.