Senate Bill No. 2 — Frequently Asked Questions

Hiring and Selection

1. When did these requirements go into effect?

   Legislative changes went into effect on January 1, 2022.

2. Do these changes apply to non-POST participating agencies?

   The certification program under SB 2 is for peace officers described in sections 830.1, 830.2 (with the exception of those described in subdivision (d)), 830.3, 830.32, or 830.33, or any other peace officer employed by an agency that participates in the Peace Officer Standards and Training (POST) program. SB 2 (2021) may apply to non-POST participating agencies if they derive their peace officer authority from one of the specified Penal Code sections.

3. What qualifies as serious misconduct for the purposes of Penal Code section 13510.8(b)? 

   The Commission adopted a regulatory definition that can be accessed by referring to Commission Regulation 1205.

4. What should we do if we believe a candidate may be disqualified from being a peace officer under Government Code section 1029?

   Any determination on the suitability of a candidate, including compliance with the relevant Government Code sections, is the responsibility of the hiring department or agency. If there is a question as to whether or not a candidate is statutorily disqualified from holding a peace officer position, the agency should seek the advice of competent legal counsel.

5.  What is the National Decertification Index?

   The National Decertification Index (NDI) is a national registry of peace officer certification actions. The NDI serves as a tool for background investigators to verify an applicant’s good moral character. Background investigators must check the database to confirm a peace officer candidate does not appear in the database due to actions in other states.    

6. How does a department or agency get access to NDI?

   The NDI database is considered confidential by the International Association of Directors of Law Enforcement Standards and Training (IADLEST). Access to NDI will only be granted to department or agency personnel who are part of the peace officer background process, and who meet the following criteria:
   • MUST have a POST ID
   • MUST be listed on the agency roster
   • MUST request access from a governmental email account (Gmail, Yahoo, Hotmail, etc. are not acceptable)
   • MUST provide supervisor and contact information
   If these criteria are not met, access will be denied. Access is not authorized for private or independent background investigators.
   • Request NDI Access

7. Do all states report to NDI?

   No, at the time of this publication, 48 states and Washington, DC contribute records to the NDI. The State of Hawaii is in the process of developing a POST organization, with pending legislation mandating the use of the NDI in hiring. At present, the Rhode Island Police Officers Commission of Standards and Training does not have decertification authority.

8. Is my agency required to enter decertified officers into NDI?

   No, entry into NDI is limited to, and the responsibility of, California POST.

9. What should I do if an applicant is listed in the NDI as being decertified?

   The records contained in the NDI are provided by participating state government agencies and should be verified with the contributing authority. The NDI contains basic information and can inform its users where to look and who to contact for more detailed information. Government Code section 1029 prohibits appointing any person as a peace officer who was previously employed in law enforcement in any state or United States territory or by the federal government, whose name is listed in the National Decertification Index of the International Association of Directors of Law Enforcement Standards and Training or any other database designated by the federal government whose certification as a law enforcement officer in that jurisdiction was revoked for misconduct.

    

   While California POST is mandated by SB 2 (2021) to participate, participation in the NDI is voluntary and not every state’s POST contributes to the NDI. It is important to note that the information provided in the NDI is limited. If a candidate does appear in the database, it is the responsibility of the background investigator to follow up with the applicant and the applicant’s prior employer(s) regarding the reason(s) they are listed in the NDI in order to make an informed hiring decision.

10. How does POST want proof or documentation that an applicant was checked in NDI in the background investigation file?

    POST agencies are required to complete POST Form 2-355, Verification of Qualification for Peace Officer Appointment. This form will include an area for agencies to indicate when an NDI check has been completed and who completed the check. Agencies should include the check in the background narrative.

11. Will this eliminate the ability of a contractor to conduct backgrounds? Will the contracted background investigator need to add a notation that NDI had been checked in the investigation, or will there be a form the agency will receive that indicates that a check of the list has been completed?

    NDI access is limited to members of the hiring agency. Contracted background investigators should coordinate with the contracted agency to ensure that the required checks are being completed by the agency prior to an appointment.

12. Will the POST profile show if a lateral applicant has an entry in the NDI?

    No, the POST profile will not show any NDI entries.

13. What happens when the current or former employing agency will not allow access to the file?

    Penal Code section 832.12 states, “Each department or agency in this state that employs peace officers shall make a record of any investigations of misconduct involving a peace officer in the officer’s general personnel file or a separate file designated by the department or agency. A peace officer seeking employment with a department or agency in this state that employs peace officers shall give written permission for the hiring department or agency to view the officer’s general personnel file and any separate file designated by a department or agency.” And “Prior to employing any peace officer, each department or agency in this state that employs peace officers shall request, and the hiring department or agency shall review, any records made available pursuant to subdivision (a).”

    Government Code section 1031.1 requires employers to “…disclose employment information relating to a current or former employee, upon request of a law enforcement agency…” for "...applicants not currently employed as a peace officer" if certain conditions have been met.

    Government Code section 1031 specifies what steps an agency may take if the previous employing agency refuses to provide information. “An employer’s refusal to disclose information to a law enforcement agency in accordance with this section shall constitute grounds for a civil action for injunctive relief requiring disclosure on the part of an employer.” Agencies conducting a background investigation where a previous employing agency has refused to provide employment information should discuss remedies with their legal counsel.

    It should be noted the law does not require a physical copy of the file to be provided to the potential employing agency. It only requires that the potential agency be allowed to view the candidate’s file.

14. To meet the requirement for reviewing prior employment, personnel, background, or other files, must the background investigator review the files of ALL prior law enforcement agencies or just the most recent employing agency?

    Agencies should ensure that they comply with Penal Code section 832.12.

15. Our agency has completed a background investigation; do we still have to make a background inquiry with POST?

    Yes, per Penal Code section 13510.9(d)(3) a background inquiry is required to be submitted to POST prior to the appointment of any candidate who was previously employed as a peace officer in the State of California. This can be done through the GovQA portal using the “Background Investigation Request” option. An Authorization to Release Information waiver will need to be included with the GovQA request. A CPRA or POST Profile request will not suffice to meet this requirement.

    Note: If the request is submitted as a CPRA, a redacted POST Profile will be provided. However, this is not sufficient to meet the requirement of a background inquiry regarding reasons for separation.

16. Will background investigators, regardless of current employment with an agency as a peace officer, or retired with an independent company, be required to complete a POST-approved background investigator course?

    Yes, all background investigators must attend a POST-approved background investigator course prior to conducting any background investigations.

17. Does POST conduct Brady List checks?

    No, POST does not conduct checks on the Brady List.

Certificates and Proofs of Eligibility

1. What is a Proof of Eligibility (POE)?

   A Proof of Eligibility (POE) is a certification that confirms an individual is eligible to be a peace officer in the state of California.

2. Who will be required to obtain a POE?

   All peace officers specified in SB 2 (2021) who do not currently possess, or are not eligible for a Basic Certificate, are required to obtain a POE within ten days of appointment via the Electronic Data Interchange (EDI), regardless of whether they are employed by a POST participating agency. Penal Code section 13510.1(a) requires POST to establish a certification program for peace officers described in Penal Code §§ 830.1, 830.2 (with the exception for those described in subdivision (d)), 830.3, 830.32, and 830.33, or any other peace officer employed by an agency that participates in the POST program. This includes all levels of reserve officers employed by POST participating agencies.

   Note: California Department of Corrections and Rehabilitation (CDCR), probation officers, and reserve peace officers employed by a non-POST participating agency are not subject to SB 2 (2021).

3. How does someone obtain a POE?

   A POE is issued by POST to an eligible peace officer at the time of appointment, if they do not already possess a Basic Certificate.

4. When did the POE become effective? 

   The POE requirement became effective January 1, 2023.

5. Does the POE expire?

   The POE is only valid while a peace officer is actively employed by a law enforcement agency. It will expire once a peace officer becomes eligible for and is issued a Basic Certificate, OR the peace officer separates from employment, without a valid Basic Certificate. Once a peace officer is appointed to a new agency they will be issued a new POE.

6. How does someone apply for a Basic Certificate?

   To apply for a Basic Certificate, the applicant must be currently employed as a full-time peace officer by a POST participating agency, possess a valid POE, have satisfactorily completed the prerequisite Basic Course requirement, and have completed the employing agency’s probationary period of not less than 12 months. Peace officers who meet these requirements may apply on the POST website.
   
   Apply for Certificate.
   
   When a POST Basic Certificate is required to continue to exercise peace officer powers pursuant to Penal Code Section 832.4, employment with a POST participating agency is not required at the time of application.

7. Can a POE or Basic Certificate be suspended or revoked?

   Yes, POST is statutorily authorized to suspend or revoke any and all Certificates for serious misconduct identified in Penal Code section 13510.8 and Commission Regulation 1205, or when a person becomes ineligible to hold office as a peace officer pursuant to Government Code section 1029. All certification actions taken by POST can be viewed on the Peace Officer Certification Actions list.

8. Level II and Level III reserve officers are not eligible for a Basic Certificate. How will this be handled?

   All levels of reserve officers employed by POST participating agencies are required to have a POE throughout their career unless they are already in possession of a valid Basic Certificate. A reserve officer may have a valid Basic Certificate from prior full-time peace officer employment.

9. Is a POE needed for lateral peace officers or only for newly appointed officers?

   At the time of appointment, POST will determine whether the appointment requires a POE or if the appointed peace officer already possesses a valid Basic Certificate. If the lateral peace officer already has a valid Basic Certificate, no POE will be issued. If the lateral peace officer does not possess a valid Basic Certificate, a POE will be issued until such time as they qualify for and obtain a Basic Certificate.

10. At what point is the Affidavit of Separation required? For example, if a person is still fighting their termination through arbitration?

    The notice is required within ten days of the official separation from the agency. If the separation is changed pursuant to arbitration, it will need to be reported to POST within ten days. Arbitration documentation and a completed Correction to Record form will need to be submitted to correctiontorecord@post.ca.gov to have the appointment status updated.

11. If a peace officer retires, does the Basic Certificate automatically get revoked, or does it remain valid for a specific time in the event they seek new employment?

    The Basic Certificate will remain valid; however, the peace officer is subject to the rehire/requalification requirements that are currently in place by POST. The retired peace officer’s certification status will go “inactive” three years from the date of separation but will remain valid, subject to the rehire/requalification requirements.

12.  If a lateral peace officer transfers from one agency to another agency with a POST Basic Certificate, is a POE still needed?

    No, the POE requirement applies only to individuals who do not already possess a valid Basic Certificate.

13. What is required for a pre-service candidate?

    The POE/Basic Certificate requirement only applies once an individual is appointed as a peace officer (under Penal Code section 830.1(c)). If the individual is pre-service and appointed as a trainee, there is no requirement for a POE.

14. If a probationary employee is released from employment, will the reason for separation need to be reported?

    Yes, Penal Code section 13510.9(a)(1) states the Affidavit of Separation is required to be submitted within ten days of a peace officer’s official separation from the agency. As a reminder, Box 14 is required to be completed. This does not need to be a detailed response. A simple explanation will do. If the reason for separation is related to allegations of serious misconduct, the appropriate allegation(s) should be checked in Box 13.

15. If an officer is placed on administrative leave pending arbitration, when would the Affidavit of Separation notice be required?

    Per Penal Code section 13510.9(a)(1), the notice is required within ten days of the official separation from employment.

16. What do I do if an appointment or separation is past the ten-day requirement?

    Commission Regulation 1003(a)(1)(C) states that “For any appointments or separations submitted to the POST EDI system more than 60 days after the initial date of appointment or separation, the employing agency shall submit to POST, a letter of justification to the Certification Bureau.” This letter must be submitted on agency letterhead, be signed by the agency head or authorized designee, and provide the reason(s) the appointment or separation was submitted to the POST EDI system more than 60 days after the initial date of appointment or separation. The letter can be submitted along with the appointment or separation, or it can be emailed to the Certification Bureau. If the agency is submitting a letter for multiple personnel for the same reason, the agency may submit one letter for all affected personnel, as long as all names and POST IDs are listed.

17. If a peace officer disagrees with the information provided on the Affidavit of Separation, how can they inform POST?

    Penal Code section 13510.9(d)(2) states “A peace officer who has separated from employment or appointment shall be permitted to respond to the affidavit-of-separation form, in writing, to the commission, setting forth their understanding of the facts and reasons for the separation, if different from those provided by the agency.” The email address and physical address for a response is provided on the Affidavit of Separation form. Submitting a response to POST does not mean the reason for separation will be changed. However, POST will maintain a copy of the peace officer’s response on file along with the Affidavit of Separation provided by the agency.

Reporting Requirements and Decertification Reviews

1. Does serious misconduct need to be reported within ten days of receiving the allegation or within ten days after the completion of the investigation? Are agencies required to submit all allegations of serious misconduct, including those that are frivolous, unfounded, or result in exoneration?

   SB 2 (2021) states that any complaint, charge, or allegation of serious misconduct shall be reported to POST within ten days of the agency becoming aware of it. There are no statutory exceptions for frivolous, unfounded, or exonerated allegations. Penal Code section 13510.9 requires agencies to report to POST within ten days of receiving a complaint, charge, or allegation and again upon the final disposition of any investigation that determines a peace officer engaged in conduct that could render a peace officer subject to suspension or revocation.

2. If a public complaint is submitted directly to POST, does that action satisfy the agency’s obligation to notify POST of the allegation, or is the agency still required to formally report the matter to POST after receiving the complaint from the public?

   Once notified, the agency is required to respond to POST with an agency misconduct report addressing the allegations of serious misconduct and provide information on whether an investigation is ongoing or has been completed. This is the case even when a public complaint has been submitted directly to POST.

3. In situations where a member of the public believes that the employing agency has not taken appropriate action on their complaint, does POST offer any recourse or a follow-up process?

   It is the intent that all complaints received from members of the public alleging peace officer misconduct be referred to the peace officer’s employing agency for investigation, in accordance with Penal Code section 13510.9 and Commission Regulations adopted pursuant to S B 2 (2021).

4. In situations where a member of the public believes that the employing agency has not taken appropriate action on their complaint, does POST offer any recourse or a follow-up process?

   Yes, when a member of the public believes that an employing agency has not taken appropriate action on their complaint, POST provides a process for review and follow-up. Specifically, when allegations involve serious misconduct as defined under Penal Code section 13510.8 and Commission Regulation 1205, POST is required to review the final investigative report submitted by the employing agency. POST then conducts its own independent evaluation and renders a determination that is separate from the agency’s conclusions. This ensures that concerns about serious misconduct are addressed even if the public perceives the agency’s response as insufficient.

5. Is the POST public complaint form available on POST's website?

   Yes, the POST public complaint form can be found by following the link on POST's Public Complaint Page.

6. Will POST wait for an agency to complete their investigation prior to beginning their decertification review?

   POST generally waits for the employing agency to complete its investigation before initiating a decertification review, except in unique circumstances that warrant an earlier review. POST may impose an Immediate Temporary Suspension (ITS) when there is reason to believe a peace officer poses an immediate threat to the health, safety, or welfare of the public. This action is within the authority of the POST Executive Director, who may temporarily suspend or place a certification on hold pending completion of the applicable procedural review process.

7. If an agency receives multiple complaints about a peace officer for the same incident, does the agency have to submit a notice to POST for each complaint or one notice about multiple complaints for the single act?

   If multiple complaints arise from the same act, only a single notification to POST is required.

8. What are the penalties if an agency fails to report an allegation of misconduct to POST within ten days?

   Failure to meet the reporting requirements of SB 2 (2021) constitutes a violation of the statute.

9. Are Correctional Officers and Probation Officers part of SB 2?

   No, SB 2 (2021) does not apply to Correctional Officers employed by the California Department of Corrections and Rehabilitation (CDCR) or to Probation Officers, both of whom are explicitly exempted under the statute.

10. Do Deputy Sheriffs under Penal Code section 830.1(c) fall under SB 2?

    Yes, but only those whose agencies are specifically listed in Penal Code section 830.1(c).

11. Will POST accept hard copies of case files?

    No, POST will only accept case files via secure upload in POST's Mark43 case management system. Each agency employing members of law enforcement throughout California will have a select number of Mark43 licenses (provided by POST) for the authorized agency employees to submit the required reports. Agencies should contact their assigned Professional Conduct Bureau staff for information on how to submit case documents and other information.

12. Will the peace officer’s employing agency need to retain investigative files for 30 years?

    Each agency shall follow their own records retention schedule on investigative files. POST is mandated to retain all investigative files for 30 years following the date the investigation is deemed concluded by the Commission.

13. How will POST conduct investigations in a manner that avoids disrupting an agency’s internal investigative process?

    POST relies on the employing agency to conduct the initial investigation. Any allegations of serious misconduct received directly by POST through the Public Complaint process will be referred to the employing agency for investigation. Upon completion, the agency’s findings will be submitted to POST, who will then initiate its review. If further investigation by POST is necessary, it will occur only after the employing agency has concluded its investigation.

14. What if an agency clears a peace officer of serious misconduct, but POST determines that serious misconduct occurred?

    While the results and disposition of any agency investigation are taken into consideration, each Professional Conduct Bureau is responsible for conducting an independent assessment and analysis of each allegation of alleged serious misconduct before making any recommendation for action.

15. What actions does POST take if criminal misconduct is discovered during an investigation?

    If potential criminal misconduct is identified during a POST review or investigation, POST will refer the matter to the appropriate law enforcement agency for criminal investigation. Any referral will be based on information reviewed during the course of the investigation; however, any information a peace officer provides as part of their interview with POST cannot be used against them in any subsequent criminal proceeding. POST does not have investigative authority over criminal matters and ensures that suspected criminal conduct is referred to the appropriate law enforcement agencies for independent review and action.

16. Will POST recommend decertification of peace officers for incidents of serious misconduct that occurred within the three-year retroactive period?

    Under SB 2 (2021), POST may take action on incidents of serious misconduct that occurred between January 1, 2020, and December 31, 2021, if one of the following criteria is met:

    • The misconduct involves dishonesty.
    • The misconduct involves sexual assault.
    • The misconduct involves the use of deadly force resulting in death or serious bodily injury.

17. What actions does POST take after an agency submits a completed internal affairs investigation under SB 2 (2021)?

    Once the employing agency submits its completed internal affairs report, POST reviews the findings and supporting documentation to conduct an independent assessment of the allegations of serious misconduct.

    While the agency’s investigation is taken into consideration, each Professional Conduct Bureau evaluates each allegation individually to determine whether the peace officer’s conduct meets the statutory definition of serious misconduct. If additional investigation is needed, POST may conduct follow-up inquiries, interviews, or request supplemental evidence.

    Based on its review, POST may recommend suspension or decertification of a peace officer’s certificate, regardless of the employing agency’s final determination.

18.  What is a Notice of Investigation?

    A Notice of Investigation is an official document issued to a peace officer to inform them that an inquiry has been initiated regarding alleged serious misconduct, which could result in decertification. The Notice of Investigation provides essential details, including confirmation that the case is being evaluated by POST, the sections of alleged serious misconduct under review, the name and phone number of the assigned POST investigator, an overview of the decertification process, and guidance on how to voluntarily surrender a POST certificate.

19. How does the Peace Officer Bill of Rights (POBR) apply to investigations conducted by POST?

    The Peace Officer Bill of Rights (POBR) applies only to the employing agency and is not applicable to POST decertification investigations. However, POST ensures that peace officers receive similar protections consistent with Commission Regulation 1206.

20. Does POST have the authority to compel a statement from a peace officer?

    Yes. POST has administrative authority to require peace officers to answer interview questions during administrative investigations involving allegations of serious misconduct. Although individuals have a constitutional right to remain silent in criminal investigations, that right does not extend in the same manner to peace officers during administrative proceedings conducted in connection with POST’s review of serious misconduct allegations.  A refusal to answer questions in an administrative investigation, unless it is based on a lawful exercise of rights, may be considered a failure to cooperate under Penal Code section 13510.8(b)(8). Such non-cooperation can lead to administrative consequences, including suspension or revocation of a peace officer’s certification.

21. If the Peace Officer Standards Accountability Division recommends an action to suspend or revoke a certification to be a peace officer, can the decision be appealed?

    Yes. If the Peace Officer Standards Accountability Division (Division) recommends action against a peace officer’s certification, the peace officer will be notified of the recommendation. Upon receiving notification, the peace officer has 30 days to submit a request for review by the Peace Officer Standards Accountability Advisory Board (Board) and the POST Commission. If the peace officer does not request a review within the 30-day period, the recommended action will take effect without further proceedings. (Penal Code section 13510.8).

22. What is an Immediate Temporary Suspension (ITS)?

    An Immediate Temporary Suspension (ITS) is the temporary suspension of a peace officer’s POST certification. It is issued when POST has obtained credible evidence indicating that a peace officer may have engaged in serious misconduct, and allowing the peace officer to continue working while the investigation is ongoing may cause public harm. There are three specific criteria under which an ITS may be issued:

    (1) Upon arrest or indictment for any crime described in Government Code section 1029.

    (2) Discharged from any law enforcement agency for reasons specified in Penal Code section 13510.8(a).

    (3) Separation from employment during a pending investigation into allegations of serious misconduct.

23.  If an ITS is imposed, how does an individual get reinstated after being cleared of serious misconduct by their employing agency or after criminal charges are dismissed?

    A peace officer’s certification will be reinstated once POST reviews the employing agency’s investigation and determines that continuation of the ITS is no longer in the best interest of the health, safety, or welfare of the public, or after POST reviews court documentation confirming that the arrest or indictment no longer meets the criteria described in Government Code section 1029. Upon making this determination, the Immediate Temporary Suspension is formally withdrawn.

24. If a peace officer is under an ITS, will this information be shared with out-of-state agencies conducting background checks on the peace officer?

    Consistent with Penal Code section 13510.9, information reported to POST is made available to any law enforcement agency performing a pre-employment background investigation of a peace officer. Immediate Temporary Suspensions are not reported to the NDI.

25. If an agency terminates a peace officer and POST proceeds with decertification, what happens if the peace officer is reinstated through arbitration?

    POST conducts investigative reviews exclusively for the purpose of decertification. If the Commission determines that a certification action is warranted, the peace officer’s POST certification may be suspended or revoked, rendering them ineligible to serve as a peace officer in California. This process is independent of, and separate from, any employment decisions made by the peace officer’s current or former employing agency.

26. If decertification is recommended and the peace officer appeals the findings, does this place the decertification on hold?

    If an appeal is filed, a decertification will not take effect until the due process hearings have been held and completed. If the peace officer does not request the hearings, the decertification will take effect 30 days after the Notice of Intent to Revoke has been issued.

27. When a peace officer appeals agency discipline relating to serious misconduct, does that delay the decertification process with POST?

    When a peace officer appeals the disciplinary action imposed by their agency, POST may, but is not required to, postpone any investigation or action against the peace officer’s certification. If POST postpones its investigation, the three-year period in which POST is required to complete its investigation following receipt of a completed report from the agency is tolled during the appeal of a termination or other disciplinary action through an administrative or judicial proceeding, or during any criminal prosecution of the peace officer.

28.  Will a decertification hearing be held if there are still criminal charges pending related to the alleged serious misconduct?

    Generally, POST will toll any determination or recommendation for decertification pending the outcome of any disciplinary appeals or criminal proceedings.

29. What if the Division does not recommend suspension or decertification, but the Peace Officer Standards Accountability Advisory Board does?

    Only cases in which the Division finds clear and convincing evidence to support decertification will be forwarded to the Peace Officer Standards Accountability Advisory Board.

30. What is the duration of a decertification and how can a peace officer regain their certification?

    A POST decertification is permanent. Once a peace officer’s certification has been revoked, it cannot be reinstated unless a subsequent factual finding clearly exonerates the officer.

31.  If a peace officer's POST certification is revoked and they are of retirement age, does the decertification affect their retirement?

    POST’s authority is limited to certification and does not extend to employment decisions. POST has no involvement with, or authority regarding, a peace officer’s retirement or related benefits.

32. Would a peace officer who is decertified lose their ability to have a Concealed Carry Weapon (CCW) permit?

    That is the decision of the Sheriff of the county where the Concealed Carry Weapon (CCW) license is issued. POST recommends contacting the issuing agency of your CCW to verify how decertification may affect your CCW.

33. How does POST inform a peace officer if their case does not rise to the level of serious misconduct?

    POST will provide the peace officer with a written notification indicating that the investigation did not meet the criteria for serious misconduct. This notification serves as official confirmation that POST will not take any action against the peace officer’s certification. In the event that POST receives additional evidence, it may consider reopening the case and continuing the investigation.

Address of Record

1. What is an Address of Record (AOR)?

   An AOR is a physical address that each peace officer must designate as the location where they will receive official correspondence from POST regarding their certification. This may be the address of their current employing agency, their home address, or a P.O. Box. Peace officers who designate their current employing agency’s address are responsible for making arrangements with their agency to receive correspondence from POST. If the employing agency’s address is selected, correspondence will be sent to the agency’s headquarters. A personal address or P.O. Box is highly recommended. It is also recommended that a personal email address be added as a secondary method of contact. Commission Regulation 1215 requires an AOR to be provided to POST.

2. How can a peace officer add or update their AOR?

   An AOR is a physical address that each peace officer must designate as the location where they will receive official correspondence from POST regarding their certification. This may be the address of their current employing agency, their home address, or a P.O. Box. Peace officers who designate their current employing agency’s address are responsible for making arrangements with their agency to receive correspondence from POST. If the employing agency’s address is selected, correspondence will be sent to the agency’s headquarters. A personal address or P.O. Box is highly recommended. It is also recommended that a personal email address be added as a secondary method of contact. Commission Regulation 1215 requires an AOR to be provided to POST.

3. I’m retiring soon, do I still need to maintain an AOR?

   Yes, per Commission Regulation 1215, peace officers are required to maintain a current AOR with POST for at least three years after their date of separation, the duration for which a valid certification remains active once a peace officer separates from service.

4. Is the AOR public record?

   No, the Address of Record is not public record. Per Commission Regulation 1215, POST shall not disclose the peace officer’s alternate physical AOR to any member of the public.

California Public Records Act (CPRA) Requests

1. How will POST ensure transparency?

   POST will continue to ensure public access to police misconduct records in a way that improves efficiencies and reduces duplicative efforts. The new law does not prevent public access to local law enforcement agency misconduct records that have been sent to POST by those agencies. Government Code section 7923.601 instead directs CPRA requests back to the local agency that conducted the investigation and compiled the material, and requires those agencies to respond to the CPRA request. Agencies already have an independent obligation under existing law to respond to CPRA requests for those records and Assembly Bill 134 (2023) eliminates a costly duplication of effort that would otherwise be required. The bill also permits POST to continue to focus on its core work of investigating misconduct and decertifying individuals who should not be peace officers in California. For more information about POST Open Data, please visit the POST website.

2. Does this new provision exempt POST from all Public Records Act requests?

   No, POST continues to comply with the CPRA when a request for public records is made. However, the passage of the public safety budget trailer bill (Assembly Bill (AB) 134 - Chapter 47, Statutes of 2023) added a new section (GC section 7923.601) to the CPRA. That section exempts POST from disclosing certain records pursuant to CPRA, including peace officer personnel files, background files, misconduct records, and related investigative files POST receives from law enforcement agencies for the purposes of peace officer employment and certification and POST investigations.

3. How does the new law impact POST’s response to CPRAs?

   The law instructs that when POST receives a CPRA request, POST will forward the request to the agency that initially transmitted the record and will then notify the requestor of where the CPRA was forwarded. That agency will then be responsible for complying with the CPRA request. If the agency no longer has the record, the agency must request the records from POST, and POST will provide a copy to the agency so it can comply with the CPRA request. This obligation will remain in effect until January 1, 2027.

4. Can an officer request information regarding their Certification Status that pertains to serious misconduct complaints, charges, or allegations?   

   A peace officer can request their POST records by going to the GovQA website and selecting “Peace Officer Request for Personal Records.” The peace officer will need to submit a notarized  POST 2-366 form, Peace Officer Request for Personal Records. Please be advised this form must be accompanied by a photocopy of the front and back of the requesting peace officer’s government issued identification. If a peace officer only requires their POST Profile, they can download it by logging into their POST PASS account. For additional information please visit the POST website.

   Note: If the officer submits a request for their records under the CPRA, they will receive a redacted response. A request using the POST 2-366 form, Peace Officer Request for Personal Records through the Peace Officer Request for Personal Records will receive an unredacted copy of their POST Profile and, if any exist, information related to allegations related to serious misconduct that have been submitted to POST.

5. How long will it take to process a Personal Records Request?

   POST will review the request and provide a response within ten days of receiving it. For questions or additional information regarding this process, please contact  BGInforequest@post.ca.gov.

Decertification Process, the Peace Officer Standards Accountability Advisory Board, and the POST Commission

1. What are the proceedings if an investigation finds grounds for suspension or revocation?

   The Peace Officer Standards Accountability Division (Division) will notify the officer of the determination in writing. If desired, the officer will have 30 days to file an appeal and a public hearing by the Peace Officer Standards Accountability Advisory Board (Board) will be scheduled. At the public hearing, the findings of the investigation will be presented and the Board will make a recommendation to the Commission for revocation or suspension when appropriate. The Commission shall review the recommendations by the Board. If the Commission supports the Board’s recommendation, the Division will initiate proceedings for a formal hearing before an administrative law judge. All hearings and reviewed records are considered public records.

2. Upon a Basic Certificate or Proof of Eligibility being suspended or revoked, who will be notified?

   POST will notify the peace officer, the District Attorney of the jurisdiction in which the peace officer is/was employed, and the agency head of the affected peace officer’s current/former employing agency. POST is required to publish the names of any peace officer whose certification is suspended or revoked and the basis for the action on its website. POST will also report the suspension or revocation to the NDI.

3. What is the purpose of the Board?

   The purpose of the Board is to review cases involving alleged serious misconduct and to make recommendations to the POST Commission regarding the suspension or revocation of a peace officer’s certification based on clear and convincing evidence.

4. Who serves on the Board?

   The Board is composed of nine members appointed by the Governor and the Legislature. The Board includes:

   • One current or former peace officer with command experience;
   • One current or former peace officer with management rank;
   • Two public members with experience working at a nonprofit organization or academic institution;
   • Two public members with experience working in community-based organizations related to police accountability;
   • Two public members, with strong consideration given to individuals who have been subjected to the wrongful use of force likely to cause death or serious bodily injury by a peace officer, or who are surviving family members of a person killed by such force; and
   • One attorney with relevant legal expertise.

5. Who serves on the California Commission on Peace Officer Standards and Training (POST)?

   The POST Commission is made up of 18 commissioners. The POST Commission includes:

   • Governor-appointed Commissioners: 15 members are appointed by the Governor for three-year overlapping terms, with the approval of the Senate.
   • Legislative appointees: The Speaker of the Assembly and the Senate Pro Tempore each appoint one commissioner.
   • Ex-officio member: The Attorney General is an ex-officio member of the Commission. 

6. I am interested in serving on the Board. How do I apply?

   Pursuant to Penal Code section 13509.6, seven (7) appointments on the Board are made by the Governor and two (2) appointments are made by the Legislature. Should you be interested, please apply directly to those offices. The following links contain information on the appointment process:
   • Governor - Appointments
   • Speaker of the Assembly - Appointments
   • President of the Senate - Appointments

7. Who is on the Board and the POST Commission?

   Information about the Board members and Commissioners can be found on the POST website.

8. What is the timeline for the Board to review a case and make a recommendation?

   The Board is required to review cases and issue its recommendation to the POST Commission within 90 days of receiving the request for review, unless extended for good cause. This timeline ensures that the review process is both thorough and timely, providing due process to the peace officer while allowing POST to proceed efficiently with certification determinations.

9. What standard of evidence must POST meet when evaluating allegations of serious misconduct?

   When evaluating allegations of serious misconduct, POST must satisfy the clear and convincing evidence standard, meaning the evidence is highly and substantially more likely to be true than not. This standard is higher than a preponderance of the evidence but lower than proof beyond a reasonable doubt, ensuring that decisions affecting a peace officer’s certification are based on a reliable and thorough evidentiary basis.

10. Does the Board have the discretion to act independently of any other findings?

    The Board can make a recommendation to the Commission for action, but they cannot take independent actions. Only the Commission has the authority to determine suspension or revocation.

11. Is a public hearing conducted if a certification is voluntarily surrendered?

    No, a hearing is not held for voluntarily surrendered certificates, but depending on the circumstances, information about the case will be posted on the POST website for public access. If a certification is voluntarily surrendered after a subject peace officer is served with a Notice of Intent to Revoke, a Notice of Determination (NOD) summarizing the case and the Division’s findings will be available on the Peace Officer Certification Actions page of the POST website. Since a peace officer may surrender their certification at any time for any reason, even if not related to serious misconduct, not all listings for voluntarily surrendered certifications will include a NOD. 

12. Do internal affairs files need to be retained for 30 years even if not sustained or exonerated?

    POST is required to maintain files for 30 years. Each agency should comply with their specific record retention requirements.

13. How can decertification NOT be considered punitive?

    SB 2 (2021) is limited to licensing, and certification matters and does not address employment decisions or criminal proceedings. In other words, decertification only affects an individual’s ability to hold a peace officer certification; it does not directly impose any punishments or fines.

14. Can the Commission reject the Board’s recommendation to decertify a peace officer and allow the peace officer to retain their certification?

    Yes, the Board only provides recommendations, but the Commission has final decision-making authority.

15. Will POST get involved in Pitchess motions if they retain files longer than the agency?

    No, POST will not participate in Pitchess motions. Pitchess motions are legal procedures through which a defendant in a criminal case may request access to certain law enforcement records held by the employing agency. Any request for such records must be directed to the peace officer’s employing agency, which is responsible for responding in accordance with applicable law.

16. Can the POST Commission's final decision be appealed beyond the request for review by the peace officer?

    Yes, appeals can be made to the Superior Court.

17. Do agencies need to submit investigations to POST that include both sustained and not sustained findings, and will POST retain such records for 30 years?

    Yes, under SB 2 (2021), law enforcement agencies are required to submit all investigative reports and findings related to peace officer serious misconduct to POST. POST must retain these records for a minimum of 30 years.

18. What happens if the Commission imposes a suspension on a peace officer’s certificate?

    The Commission has the authority to recommend suspension for a period of up to three years. If a peace officer has their certification suspended, the employing agency determines the appropriate course of action for the peace officer, but they would not be able to perform in the capacity of a sworn peace officer during the suspension period.

19. Can members of the public video and/or audio record the hearings?

    Anyone who attends a public meeting (i.e., a meeting of a governmental body required to be open to the public by law) in California is generally allowed to make an audio or video recording unless the state or local body holding the meeting determines that the recording disrupts the proceedings by noise, illumination, or obstruction of view (Government Code sections 11124.1(a), 54953.5(a), and 54953.5.6).

20. If an agency suspends a peace officer, does POST impose additional suspension time?

    POST’s authority is limited to peace officer certification. Employment decisions, including disciplinary suspensions imposed by an agency, are independent of any certification actions taken by POST.

21. 21. What voting threshold is required for the Board and the Commission to issue a recommendation for the suspension or revocation of a peace officer’s certification?

    Recommendations for suspension or revocation of a peace officer’s certification require a majority vote of the Board. Final approval by the Commission requires a two-thirds vote of its members.

22. Can the make-up of the Board be challenged by a peace officer?

    The POST Website provides the make up of Board members and Commissioners.

23. Can the make up of the Board be challenged by an officer?

    No, the composition of the Board is specified in SB 2 (2021) and appointments are made by the Governor and the Legislature.

Voluntarily Surrendering a POST Certificate

1. Is voluntary surrender the same as revocation?

   Voluntarily surrendering your POST certificate is a formal and irreversible action. Once surrendered, the certification is permanently forfeited, and you are no longer eligible to serve as a peace officer in California under any circumstances.

   Penal Code section 13510.8(f) provides that any peace officer may permanently surrender their certification voluntarily, and that such surrender has the same legal effect as revocation. This permanent surrender is distinct from placing a valid certification into inactive status while not actively employed as a peace officer. A certification that has been permanently surrendered cannot be reactivated.

2.  Why might someone voluntarily surrender their certification?

   Some common reasons include:

   • Retirement or career transition
   • Voluntary withdrawal during a disciplinary investigation
   • A desire for serious misconduct allegations to remain private
   • Medical, psychological, or personal circumstances
   • Inability to meet POST certification requirements

3. Is voluntary surrender the same as revocation?

   Both result in the same outcome, but the processes differ. A voluntary surrender is initiated by the peace officer, whereas a revocation is imposed by POST due to a disqualifying act of serious misconduct. Regardless of the method, the effect is identical – you are no longer legally permitted to serve as a peace officer in California.

4. Is a voluntary surrender of a peace officer’s certification permanent?

   Yes, once surrendered, a certification cannot be reactivated.

5. Can I voluntarily surrender my certification while under investigation or facing disciplinary action?

   Yes, under Penal Code section 13510.8(f), you may surrender your certification at any time. If you choose to voluntarily surrender your certification:
   • The Division’s decertification case shall be administratively closed; and
   • The action shall be recorded as a permanent surrender of certification.

6. Will POST publish my name or findings if I voluntarily surrender?

   Yes, under Penal Code section 13510.8(f), you may surrender your certification at any time. If you choose to voluntarily surrender your certification: 
   • The POST Profile will be updated in EDI to reflect that your certification has been surrendered and your POE or Basic Certificate, and any professional certificate(s) issued will be rendered invalid.
   • POST will officially record your certification status as “Surrendered” and note your last employing agency on the Peace Officer Certification Actions page of the POST website.
   • No details of misconduct or investigative findings will be disclosed.
   • Investigative records remain confidential, unless otherwise releasable by law.
   • POST will report the voluntary surrender to the NDI.
   • If the voluntary surrender occurs after POST has issued the Notice of Intent to Revoke, a Notice of Determination (NOD) summarizing the case and the Division’s findings will also be made available on the Peace Officer Certification Actions page of the POST website.

7.  Do I need a lawyer to voluntarily surrender my certification?

   While it is not legally required to have a lawyer to surrender your POST certification, it is strongly recommended that you consult an attorney experienced in police employment or administrative law. Surrendering a POST certification will have permanent consequences for your law enforcement career and may affect future employment eligibility. Legal counsel can help ensure your rights are protected during the process.

8. How do I formally voluntarily surrender my POST certification?

   To surrender your certification, submit a written declaration form, POST 2-358 that includes:
   • Your full name and identifying information
   • A clear statement of voluntary surrender
   • An acknowledgment that the action is permanent and made freely
   • Your signature and date
   • The form must be officially notarized or signed by an officer of the court
   • If you possess a paper certificate, this shall also be returned to POST
   • POST 2-358: Voluntary Surrender of Peace Officer Certification

9. Where do I send the Voluntary Surrender Form?

   Mail the completed, signed surrender form to:

   California Commission on POST
   Attn: Certification Bureau
   860 Stillwater Road
   West Sacramento, CA 95605

10. Who can I contact for help with the process?

    Certification Bureau: (916) 227-3765 Email: certificates@post.ca.gov

11. Can I ever get my POST certification back after voluntarily surrendering it?

    No, a voluntary surrender is treated the same as revocation, a lifetime disqualification. POST does not permit reinstatement, and there is no process of appeal for surrendered certifications.

12. What happens to my POST records after I voluntarily surrender my certification?

    Yes, once surrendered, a certification cannot be reactivated.Your POST Profile file will be:
    • Maintained as a permanent record by POST
    • Updated in EDI to reflect a voluntary surrender
    • Subject to background checks and lawful public records requests

13. Can I voluntarily surrender just one type of POST certificate (e.g., Basic, Advanced, or Supervisory)?

    No, as with all certification actions, a voluntary surrender applies to all active certifications you hold. You cannot selectively retain or surrender individual certificates.

14. Will this process affect my retirement or pension benefits?

    POST has no involvement with, or authority regarding, a peace officer’s retirement or related benefits. It is recommended that you first contact the following to determine whether your benefits may be affected:
    • Consult your retirement system or pension board to understand how relinquishing your POST certification may affect your retirement status, benefits, or eligibility.
    • Consult a law enforcement association representative to obtain guidance and representation regarding employment or disciplinary matters.
    • Consult a pension or employment law attorney to ensure you understand your legal rights, obligations, and the long-term impact of surrendering your POST certification.

15. Does voluntarily surrendering my POST certification protect me from any future legal or civil liability?

    Voluntary surrender of POST certification only ends POST’s administrative proceedings regarding certification. Surrendering does not prevent criminal prosecution, civil litigation, or any actions taken by your current or former employing agency.

16. Will voluntarily surrendering my certification affect my retiree Concealed Carry Weapon (CCW) permit?

    That is the decision of the Sheriff of the county where the Concealed Carry Weapon (CCW) license is issued. POST recommends contacting the issuing agency of your CCW to verify how surrendering your certification may affect your CCW, prior to initiating the process.