Commission on Peace Officer Standards and Training Flashcards
Commission on Peace Officer Standards and Training
Established by the Legislature in 1959 to set minimum selection and training standards for California law enforcement.
Functions under the direction of an Executive Director appointed by the Commission-Manny Alvarez Jr 2016
(3) Assistant Executive Directors
(15) Bureau Chiefs– 4 assigned to professional conduct
Funding comes from the General Fund and the State Penalty Fund
The POST Program is voluntary and incentive-based. Participating agencies agree to abide by the standards established by POST.
More than 608 agencies participate in the POST Program (20 that have elected NOT to participate in POST-but still bound by SB2)
and are eligible to receive the Commission’s services and benefits which include:
* job-related assessment tools
* research into improved officer selection standards
* management counseling services
* the development of new training courses
* reimbursement for training, and
* quality leadership training programs
POST also awards professional certificates to recognize peace officer achievement and proficiency.
POST commission
18 members – 10 sworn / 8 civilian
Meets four times a year to establish standards, regulations, and to give direction to POST staff.
Commissioners serve without pay
Geoff Long is Chair
5 Sheriff/Chief/Officer
4 Peace Officer Sergeant or below
1 Sergeant with experience presenting POST courses
1 elected officer of county
1 elected officer of city
2 members of public
1 educator
1 Speaker of assembly
1 Senate pro-tem
1 Attorney General
POST regions
10 Regions / Sacto is in Region 3
4 districts for SB2. Sac is in Dist 3
Peace Officer Standards Accountability Division
Ast Exec Director Annemarie Del MugEYEo
Bureau Chiefs:
Christine Ford-southern
Mike Ratford-LA county
Brian South-Central
Northern/vacant
SB2.
On September 30, 2021, Governor Newsom signed Senate Bill 2- Kenneth Ross
Mandates that all peace officers be certified by POST
It’s a mechanism to revoke or suspend that certificate due to serious misconduct
Applies to all agencies
Budget increase for SB2
22.6 million 22/23
20.5 million 23/24 and ongoing
127 new positions
makes up new division
peace officer standards and accountability division
SB2 Reports to POST (updated Dec 2023)
Over 22,000 reports that have come in (about 400 a week)
POST is looking to see if 9 acts of serious misconduct meets threshold of CLEAR AND CONVINCING evidence to take action
Excessive force allegation makes up 43% of total reports
Serious Misconduct
9 categories
Dishonesty
Abuse of power,
Physical abuse,
Sexual assault
Demonstrating bias
Acts that violate the law
Participation in a law enforcement gang;
Failure to cooperate with an investigation police misconduct;
Failure to intercede
Reporting Requirements
*1/1/2023…Department have 10 days to report all serious misconduct to
*POST takes complaints-forwards to agency. The agency has 10 days to
report back to POST.
Retroactive reporting 1/1/2023 all agencies have (6) months to report to POST, all allegations of serious misconduct dating back to 1/1/2020.
1/1/20 – 12/31/21 Can not take action EXCEPT: Dishonesty, Sexual Assault & (misconduct) deadly force resulting in death or SBI.
1/1/2022 if open after this date– POST can take action on all serious misconduct cases.
Don’t have to report prior to the 1/1/20 date. BUT you can submit and POST can take action on it. Report ALL of them so not singling person out.
Division Panel Review
3 Bureau Chiefs and an Attorney reviews each case recommended for decertification.
CLEAR AND CONVINCING—high probability
Only Reco Decertification or NOT
If yes, the officer is noticed
they schedule it to be Peace Officer Standards Accountably Advisory Board.
Officers responsibility
Complete a request for review form and return within 30-days.
If not received back, decision to decertify stands.
If receive–starts the review process
Officers Voluntary Surrender Form
Same Effect as Revocation, Irrevocable,
Reported to NDI/ POST website.
Maybe Part of DA Plea agreement or arrangement made by the LE agency or POST.
Immediate Temporary Suspension (ITS) -POST executive Director Shall suspend a certificate if:
Arrest or indictment for 1029 /felony conviction disqualifiers
Discharge from any LE agency if the person is or has become illegible to hold office
Separation from employment of a peace officer pending investigation into allegation of serious misconduct
POSAD
Peace Officer Standards Accountability Division
6 Bureaus
* 4 professional conduct
* Certification
* Intake/disposition
127 new positions
1st Step of Process (POSAAB)
9 member Peace Officer Standards Accountability Advisory Board
LE consultant presents a summary of findings
Officer can be present and make a statement
Public hearing
Board then take a majority vote and recommends: Revoke/Suspend/No Action
1 current/former command level -(governor)
1 current/former command level: IA experience
1 attorney oversight (governor)
2 family members wrongful UOF
2 non profit / CBOs (governor / senate)
2 academic (governor / senate)
2nd Step of Process
Goes to POST Commission
LE consultant submits their summary of findings
Commission will review the boards recommendation
Officer can be present and make statement
Non evidentiary
Public hearing
Vote 2/3 or higher to take action
If not, case is closed
