After thorough review of SB 2, POST staff determined it was necessary to adopt new regulations under new Article 4. Peace Officer Certification to address the following:
POST staff propose to adopt Commission Regulation 1203 - Peace Officer Disqualification to identify when an individual becomes ineligible to hold office as a peace officer through disqualifying criteria, pursuant to Government Code Section (GC §) 1029. Although the disqualification criteria are identified in GC § 1029, it is important to identify the specific factors that would cause a peace officer or peace officer candidate to be disqualified from being appointed to or maintain appointment to such a position within the state of California. Establishing the regulatory language around these disqualifying factors creates a foundation for subsequent Commission Regulations related to peace officer certification.
POST staff propose to adopt Commission Regulation 1204 - Cancellation of Peace Officer Appointment to provide a mechanism for cancelling peace officer appointments to POST agency rosters when submitted or approved inaccurately either intentionally or unintentionally. It is necessary to establish the procedures for reviewing and cancelling an appointment to a POST agency roster when deficiencies are discovered during an agency compliance audit. A cancellation of appointment is to the POST EDI roster only. POST does not have the authority to cancel an agency's appointment of a peace officer to their own department roster. These procedures include a timeline for correcting deficiencies as well as consequences for failure to comply. This also provides flexibility for agencies that are unable to obtain compliance due to circumstances out of their control, such as waiting for a military record DD214.
POST staff propose to adopt Commission Regulation 1206 - Peace Officer Standards Accountability Division Investigations to establish the roles and responsibilities of the Peace Officer Standards Accountability Division (division) to review investigations of alleged peace officer misconduct. This will be a new division within POST established pursuant to SB 2 for the purpose of reviewing investigations of alleged serious misconduct of peace officers. As this is a new division, POST staff determined it was necessary to codify the responsibilities of the division for clarity, in particular the authority to review investigative files of law enforcement agencies and conduct additional investigation if necessary, pursuant to Penal Code Section (PC §) 13510.8. The proposed regulatory language also establishes procedures for POST to accept public complaints of alleged serious misconduct, pursuant to PC § 13509.5(d); the authority of the Peace Officer Standards Accountability Advisory Board (board) to request the division investigate potential grounds for decertification of a peace officer; the Commission's authority to direct the division to do the same; the primary investigative responsibility of the employing agency; and the peace officer's right to request a review upon notification of intent to suspend or revoke their certification.
POST staff discovered an omission of peace officer rights within Commission Regulation 1206. Therefore, POST staff propose to modify the proposed text of Commission Regulation 1206 to include peace officer rights during interrogation if POST is conducting the investigation instead of the agency.
POST staff propose to adopt Commission Regulation 1207 - Reporting Serious Misconduct to establish procedures for agencies to report allegations of serious misconduct to POST. This will be a new responsibility for law enforcement agencies established pursuant to SB 2. POST determined it is necessary to codify the responsibilities of the agencies in regulation. Proposed regulatory language seeks to establish the conditions for reporting allegations, findings, dispositions, and civil judgments to POST, pursuant to PC § 13510.8 and PC § 13510.9; establish the information that must be included when reporting allegations of serious misconduct to POST based on standard administrative investigative protocols; provide a timeline when agencies are required to provide investigative updates to POST; and establish what must be included when agencies provide the final disposition of an investigation to POST.
POST staff propose to adopt Commission Regulation 1208 - Temporary Suspension to establish the Executive Director’s authority to temporarily suspend a peace officer’s certification, pursuant to PC § 13510.8. As this is a new authority for the Executive Director, POST determined it was necessary to codify it in regulation. Proposed regulatory language also identifies the reasons or causes for immediate temporary suspension of a peace officer’s certification; the required notifications when the Executive Director issues an immediate temporary suspension of a peace officer’s certification; and establish the duration of the temporary suspension of a peace officer’s certification, pursuant to PC § 13510.8.
POST staff propose to adopt Commission Regulation 1209 - Notification of Completed Investigation, Officer Rights to Request Review, and Hearing Procedures to establish POST’s responsibility upon completion of an investigation of alleged serious misconduct; the procedure for notifying a peace officer with a notice of intent for suspension or revocation of certification, pursuant to Code of Civil Procedure Sections 415.10-415.40; and the peace officer’s right to request a hearing to review the intent to suspend or revoke by the board and Commission. Proposed regulatory language will also incorporate by reference, the Request for Review of Peace Officer Certification form, POST 2-359 (03/2022), to standardize the process and request for a review of the division's recommendation to the board and Commission to suspend or revoke a peace officer's certification.
POST staff propose to adopt Commission Regulation 1210 - Voluntary Surrender to establish procedures for peace officers to voluntarily surrender their certification to POST, pursuant to PC § 13510.8(f). As the surrender of one's certification is permanent and has the same effect as a revocation, POST determined it was necessary to codify this process in regulation. Proposed regulatory language establishes when a peace officer may voluntarily surrender their certification and why it is being surrendered; incorporate by reference the Voluntary Surrender of Peace Officer Certification form, POST 2-358 (03/2022); and establish POST's responsibility to report any voluntary surrender to the National Decertification Index, pursuant to PC § 13510.8, PC § 13510.85, and PC § 13512. |