Quarterly Newsletter
Peace Officer Standards & Accountability Division
Q2 2024
The Peace Officer Standards Accountability Division (POSAD) Quarterly Newsletter is a quarterly status report that informs the California law enforcement community of recent updates, projects, and trainings related to certification and decertification.
LOOKING THROUGH THE REVIEW MIRROR
Assistant Executive Director Annemarie Del Mugnaio gives an update on the Peace Officer Standards Accountability Division's progress with certification and decertification over the past year.
CURRENT PEACE OFFICER CERTIFICATION AND DECERTIFICATION STATISTICS
The below statistics include a brief summary of total Agency Misconduct Reports (AMR), case volume, and the top three allegations as of May 30, 2024. For further statistics, please visit the POST Data Warehouse.
- Total Approved AMRs: 26,120
- Total Assigned Cases: 17,645
- Total Open Cases: 10,647
- Open Cases w/Agency: 3,423
- Open Cases w/POST: 7,224
- Total Closed Cases: 6,998
- 1205(a)(3) – Physical Abuse/Excessive or Unreasonable Use of Force: 11,403 allegations
- 1205(a)(5) – Demonstrating Bias: 8,040 allegations
- 1205(a)(2) – Abuse of Power: 3,748 allegations
CURRENT CERTIFICATION ACTION STATISTICS
Through June 20, 2024, POST has:
- Issued 114 Immediate Temporary Suspensions
- Revoked 40 peace officer certifications
- Deemed 96 peace officers ineligible due to a felony convictions identified in Government Code 1029
- Received 40 Voluntary Surrenders
*These numbers do not represent all cases of serious misconduct. “Serious Misconduct Count” and “Distinct Officers with Serious Misconduct” are representative of only those peace officers who have been separated from a law enforcement agency due to serious misconduct.
ADDRESS OF RECORD (AOR) STATISTICS
Total Active, Separated, or Retired Peace Officers
- Total AORs: 21,365
- Personal Addresses or PO Box Designations: 8,148
- Agency Address Designations: 13,217
Active Peace Officers
- Total AORs: 20,446
- Personal Addresses or PO Box Designations: 7,519
- Agency Address Designations: 12,927
As a reminder, Commission Regulation 1215 requires all active and recently separated peace officers to maintain an official Address of Record (AOR) with POST. This is done through the peace officer’s POST PASS account and shall remain confidential.
Individual peace officers have the option to designate a personal address or P.O. Box or their current employing agencies. If a peace officer fails to designate an AOR, or separates from employment without updating this information, the AOR will default to their current or last employing law enforcement agency. It is in the best interest of all peace officers to designate an AOR where they can immediately receive correspondence from POST regarding their certification.
For more information, please see POST Bulletin 2023-64. Any questions regarding the AOR can be directed to AORinquiries@post.ca.gov.
POST RELEASES PEACE OFFICER DECERTIFICATION SERIES
POST is proud to announce the Peace Officer Certification and Decertification video program is now available on the POST Learning Portal.
The seven-part interactive video series offers one hour of automatic Continuing Professional Training credit upon completion.
This program will guide learners through the recent changes to certification for California peace officers, including discussions on allegations of serious misconduct, the investigative process, the legal review process, and the change in the relationship between California peace officers and the Commission on POST.
For more information about the program, check out the series overview video, or visit the POST Learning Portal to take the training today!
TRAINEE STATUS CHANGE TO PEACE OFFICER RANKS NOW AVAILABLE IN EDI
Effective 05/29/2024, EDI went live with new updates that affect the Appointment process. Agencies can now enter Notice of Appointments for Trainees (TRN) without doing a separate Separation process. You will now see a Status Change option in the Notice of Appointment options. This is only to be used for TRN rank to any peace officer status rank. For step-by-step instructions on completing the new Status Change option for Trainees to Peace Officer in EDI, please visit the POST Website.
MARK43 REMINDERS
Mark43 Entry
- Please locate the subject officer’s name and profile using the drop-down menu in Mark43 rather than creating a new profile for each officer. All individuals with a POST profile in EDI are entered into Mark43. Creating a new profile creates double entries in Mark43. Remember, many people share the same name, so please make sure to select the correct individual. Also, please include the current address and phone number for the subject officer.
- When submitting a new report in Mark43, please manage permissions to include your agency as the “role.” This will allow everyone in your agency (with POST Mark43 access) to be able to view your submissions. This must be done with every report submission.
When to Update Mark43
- When the employment status of the subject officer changes.
- When the agency completes the IA.
- If there is an appeal, settlement, or arbitration agreement related to the case.
Axon/Evidence.com Sharing
- When uploading evidence into Evidence.com, please include the POST case number both as a “tag” and in the comment field so that we are able to identify which case the evidence belongs to.
- When possible, please use the partner access in Evidence.com rather than sharing a copy with POST. For most cases, POST does not need to retain the evidence, only to view it while working on the case.
FORM UPDATE - AFFIDAVIT OF SEPARATION
INTAKE AND DISPOSITION BUREAU UPDATE
Reminders for all Mark43 law enforcement agency reporters:
- When managing permissions in Mark43 for your Agency Misconduct Reports (AMRs) or Agency Supplementals:
- Add your agency as a role with “Can Manage” permission settings. Apply this to your current and previously generated reports unless certain reports have restricted access criteria.
- Before a law enforcement agency’s outgoing Mark43 reporter has their account deactivated, that reporter is responsible for adding their agency as a role with “Can Manage” permission to all their AMRs or Agency Supplementals that the agency’s current and new Mark43 reporters may have to manage.
- Ensure a new reporter has an activated Mark43 account before the agency’s only Mark43 reporter ends their responsibilities.
- In the Narrative card for an AMR:
- Separate the serious misconduct allegation(s) and its disposition(s) versus agency policy violation(s) and its disposition(s)
- Utilize clear and concise closure language (i.e. Unfounded, Not Sustained, Sustained, and/or Exonerated) and clearly provide disposition dates and dates of voluntary/involuntary separation.
- In the Attachments card for an AMR:
- If there is a finding for an investigation status, then POST recommends uploading/attaching investigative documents/Internal Affairs reports in the Attachments card. This will assist POST in processing the investigation in a timely manner.
- A new version of the Mark43 Guide for Agency Misconduct Report will be released in the summer of 2024.
- If you would like the most current Mark43 Guide for Agency Misconduct Report and/or a Mark43 Guide for Agency Supplemental Submission, then email your request to the Complaint Intake inbox.
- If you have any questions or need assistance from IDB, then please contact us at (916) 227-2822 or email the Complaint Intake inbox.
- If you need Mark43 support or training, then email questions to the Mark43 User Support inbox.
How to respond to an agency notification of a POST Public Complaint:
If the allegation(s) in the POST Public Complaint (PPC) does NOT meet the definition of serious misconduct pursuant to California Penal Code section 13510.8, then follow these steps:
- Bring up the POST PPC: PUBLIC-24-XXXXXX.
- Click Create Linked Report and select Agency Supplemental.
- Select Auto-Fill option to pull existing data.
- In the Supplement Information card:
- For Event Start Date / Time, enter date the agency supplemental was created – time not needed.
- Event End date will be auto-filled – time not needed.
- Enter subject officer agency.
- Enter primary reporter.
- Enter investigating agency.
- Select Final Report for Supplement Type.
- Click Save Progress in Supplement Information card.
- In the Involved Profiles card:
- Leave it blank – information NOT required in the Involved Profiles card.
- In the Court Case card:
- In the Narrative card:
- Click G and select Agency Update template.
- Under the appropriate sections of the template, provide explanation of the investigative steps taken (i.e., viewed BWC, took witness statements, interviewed witnesses, interviewed officers, etc.) that led to determination that the allegation(s) in the PPC does NOT meet the definition of serious misconduct pursuant to California Code section 13510.8.
- Click Save Progress in Narrative card.
- In the Attachments card, click +Add/Edit Attachments to provide POST with the final Internal Affairs investigative report or other investigative documents. Select investigative file(s) to upload and give a description of the attachment. Click Save Progress.
- Click “Manage Permissions” icon (looks like a padlock with a white checkmark inside).
- Do NOT edit or delete the existing nine Role/Group and Permission settings.
- Click + ROLE; click cursor into the blank drop-down field; type in your agency; select your agency; select “Can Manage” for permission setting; click Save.
- Click Validate Report.
- Click Submit.
If the allegation(s) in the PPC DOES MEET the definition of serious misconduct pursuant to California Penal Code section 13510.8., then follow these steps:
- Bring up the PPC: PUBLIC-24-XXXXXX.
- Click Create Linked Report and select Agency Misconduct Report from the drop-down menu.
- Select Auto-Fill option to pull existing data.
- Enter the required information in the Event Information card.
- Enter the required information in the Involved Profiles card.
- Enter the required information in the Agency Misconduct card.
- Enter the required information in the Court Case card, if applicable.
- Enter the required information in the Narrative card.
- In the Attachments card, click +Add/Edit Attachments. When applicable, select investigative file(s) to upload and give a description of the attachment. Click Save Progress.
- Click “Manage Permissions” icon (looks like a padlock with a white checkmark inside).
- Do NOT edit or delete the existing nine Role/Group and Permission settings.
- Click + ROLE; click cursor into the blank drop-down field; type in your agency; select your agency; select Can Manage for permission setting; click Save.
- Click Validate Report.
- Click Submit.
Should you have any questions or concerns regarding Intake and Disposition Bureau matters, please contact us at (916) 227-2822.
TRAINING OPPORTUNITIES
- July 18, 2024 – The Peace Officer Standards Accountability Division will be hosting an in-person Mark43 training located at POST Headquarters in West Sacramento. This training will take place from 8:00 a.m. – 12:00 p.m. Space is limited, so if you are interested in this training, please sign up through Eventbrite.
RECENTLY APPROVED RULEMAKING FILES RELATED TO CERTIFICATION
The following is a list of recently approved rulemaking files, related to peace officer certification, proposed by the Commission on POST. The Office of Administrative Law reviews these rulemaking files to ensure compliance with the Administrative Procedures Act.
View all Commission on POST Regulatory Actions.
DISTRICT CONTACTS
The Peace Officer Standards Accountability Division identified and separated the State of California into districts. Cases will be handled regionally. Below are the Law Enforcement Consultant contacts listed for each district.
View Map
Professional Conduct Northern Bureau
Professional Conduct Central Bureau
Professional Conduct Los Angeles County Bureau
Professional Conduct Southern Bureau