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.

SB 2 mandates the necessity to adopt a new regulations to assist the SB 2 board and the Commission with factors to consider when determining whether an act of serious misconduct warrants suspension rather than revocation. The regulation will ensure that any sanctions other than revocation are fair and reasonable and not disproportionate to the alleged misconduct. As this is a new responsibility for both the board and the Commission, POST has determined it necessary to codify such factors.

SB 2 mandates the necessity to adopt a new regulations to assist the SB 2 board and the Commission with factors to consider when determining whether an act of serious misconduct warrants suspension rather than revocation. The regulation will ensure that any sanctions other than revocation are fair and reasonable and not disproportionate to the alleged misconduct. As this is a new responsibility for both the board and the Commission, POST has determined it necessary to codify such factors.

POST staff propose to adopt a new regulation to establish criteria that should be considered in determining the appropriate action to impose for an act of peace officer misconduct. The factors set forth in the proposed regulation were adapted from Skelly v. State Pers. Bd. [15 Cal. 3d 194, 218 (1975)] and the Douglas Factors (Douglas v. Veterans Administration, 5 Merit Systems Protection Reporter 280). Penalty determinations are afforded greater deference if the decision includes an evaluation of any mitigating circumstances. These factors will aid the board and Commission in determining the appropriate level of action based on using any mitigating and/or aggravating circumstances.

POST staff recommend the Commission adopt new Commission Regulation 1213 - Suspension of Peace Officer Certification.

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