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AGENDA ITEM REPORT

Title: Report on Amendment to Commission Regulation 1953 - Peace Officer Background Investigation
REPORT PROFILE
MEETING DATE
5/25/2022
BUREAU SUBMITTING THIS REPORT
RESEARCHED BY (PRINT NAME)
Andrew Mendonsa
REVIEWED BY (PRINT NAME)
Maria Sandoval
REPORT DATE
04/25/2022
APPROVED BY
Manuel Alvarez, Jr.
DATE APPROVED
04/25/22
PURPOSE
Decision Requested
FINANCIAL IMPACT
No

ISSUE:
Should the Commission amend Commission Regulation 1953 - Peace Officer Background Information?
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 the necessity to amend Commission Regulation 1953 - Peace Officer Background Information to address new background requirements when considering new peace officer applicants based on recent amendments to Government Code Section 1029.

ANALYSIS:

After thorough review of SB 2, POST staff determined it was necessary to amend Commission Regulation 1953 - Peace Officer Background Information to address new background requirements when considering new peace officer applicants based on recent amendments to Government Code (GC) Section 1029.

POST staff propose to amend Commission Regulation 1953 to require that the personal history statement include determination of whether a candidate is disqualified from appointment as a peace officer pursuant to GC 1029(a). Due to the number of required inquiries, they were not specifically listed as part of the regulatory requirements. Instead, there is a reference to the appropriate Government Code Section. 

Pursuant to section 1950(a)(2), employment cannot commence prior to verification of the candidate having met these requirements. Therefore, POST staff propose to amend Commission Regulation 1953 requiring the hiring agency stipulate and verify that a peace officer candidate meets all selection requirements prior to the date of employment. Ensuring requirements are met prior to employment avoids a potential for initiating a dismissal after employment. If an agency chooses not to use the Verification of Qualification for Peace Officer Appointment form, POST 2-355, they may use an alternative verification of qualification for peace officer appointment document, so long as it minimally includes the items listed in proposed Commission Regulation 1953(g)(2)(B).

RECOMMENDATION:

POST staff recommend the Commission amend Commission Regulation 1953 - Peace Officer Background Information.

 
ATTACHMENT(S):
Name: Type:
TPRA_Reg1953.pdf Exhibit