POST staff is looking for the Commission to adopt new Commission Regulations 1211, 1212, and 1214 related to the roles and responsibilities of the Peace Officer Standards Accountability Advisory Board and the Commission with regard to peace officer certification.

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 adopt new regulations under new Article 4. Peace Officer Certification to address the following:

- The roles and responsibilities of the Peace Officer Standards Accountability Advisory Board (board) in reviewing the findings of investigations of alleged serious misconduct and making recommendations to the Commission;

- The roles and responsibilities of the Commission in reviewing the findings of investigations of alleged serious misconduct and making decisions with regard to actions to be taken against a peace officer's certification; and

- POST's responsibilities to prepare annual reports, on behalf of the board, pursuant to Penal Code Section 13512.

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 1211 - Peace Officer Standards Accountability Advisory Board to establish the roles and responsibilities of the Peace Officer Standards Accountability Advisory Board (board) in reviewing the findings of investigations of alleged serious misconduct and making recommendations to the Commission. As this is a new advisory board to the Commission, established pursuant to SB 2, POST determined it necessary to codify the responsibilities of the board to provide clarity for the members of the board and the regulated public. Proposed regulatory language will establish the purpose of the board, meeting frequency, and how the meetings shall be conducted; responsibilities of the board in reviewing the findings of investigations, as presented by the Peace Officer Standards Accountability Division (division), and making recommendations for action to the Commission; responsibilities of the board in notifying the Commission, the division, and the involved peace officer or designated representative of their recommendation for action, and providing an explanation of reasons for the decision, pursuant to Penal Code Section (PC §) 13510.85.

POST staff propose to adopt Commission Regulation 1212 - Commission Hearing on Peace Officer Certification to identify the roles and responsibilities of the Commission in relation to peace officer certification. As this is a new responsibility for the Commission, POST determined it necessary to codify the responsibilities in regulation to provide clarity for the members of the Commission and the regulated public. Proposed regulatory language will establish the Commission's authority to suspend, revoke, or cancel any certification issued by POST, pursuant to PC § 13510.1; responsibilities of the Commission in notifying the division and the involved peace officer or designated representative of their recommendation for action and providing an explanation of reasons for the decision, initiating proceedings for a formal hearing before an administrative law judge (ALJ), reviewing the recommendation of the ALJ to adopt or reject the recommendation or remand the decision for additional evidence and/or the consideration of new or different issues, and making written notifications of the final decision, pursuant to PC § 13510.85 and Government Code Section 11517; responsibility to notify the National Decertification Index and publish the names of peace officers whose certifications have been suspended or revoked, pursuant to PC § 13510.85.

POST staff propose to adopt Commission Regulation 1214 - Annual Reporting Requirements to identify POST’s responsibilities to prepare annual reports, on behalf of the board, to include the activities of the Commission, board, division, and POST participating agencies, pursuant to PC § 13512. Proposed regulatory language will also stipulate that the annual reports must be made available in a manner that allows them to be accessible to the public, pursuant to PC § 13512.

POST staff recommend the Commission adopt new Commission regulations 1211, 1212, and 1214 related to the roles and responsibilities of the Peace Officer Standards Accountability Advisory Board and the Commission with regard to peace officer certification.