Quick Resourcesbreadcrumb separatorFrequently Asked Questionsbreadcrumb separatorSB-2-FAQs

Senate Bill No. 2 — Frequently Asked Questions

This page will be updated as new information and guidance becomes available. Please check here periodically for updated information.

Hiring and Selection

  1. When do these requirements go into effect? Unless specified differently, the provisions contained in these legislative changes go into effect 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 Section 830.1,830.2 with the exception of those described in subdivision (d) of that section, 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.
  3. What if we have a peace officer candidate who is currently in the academy, or who is not currently 21 years old? Government Code §1031.4 does not apply to any person who, as of December 31, 2021, is currently enrolled in a basic academy or is employed as a peace officer by a public entity in California. Further, GC 1031.4 requires that the individual be 21 on or before the date of appointment as a peace officer, not date of employment.
  4. What qualifies as serious misconduct for the purposes of Government Code 1029? POST is in the process of convening a group of subject matter experts who will make recommendations to the POST Commission on a definition of serious misconduct. By January 1, 2023, the commission shall adopt a regulatory definition of “serious misconduct” that will serve as the criteria to be considered for ineligibility for, or revocation of, certification.
  5. What should we do if we believe a candidate may be disqualified to be a peace officer under Government Code §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 department or agency should seek the advice of competent legal counsel.
  6. What is the National Decertification Index? The National Decertification Index (NDI) is a national registry of certificate or license revocation actions relating to officer misconduct.
  7. How does a department or agency get access to the National Decertification Index? The NDI database is considered confidential by 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 (International Association of Directors of Law Enforcement Standards and Training)
  8. Do all states report to the National Decertification Index? No. At the time of this publication, the NDI contained over 31,000 actions reported by 46 certifying agencies.
  9. Is my agency required to enter decertified officers into the National Decertification Index? No, entry into NDI is limited to, and the responsibility of, California POST.
  10. What should we do if an applicant is listed in the National Decertification Index as being decertified? The records contained in the NDI are provided by participating state government agencies and should be verified with the contributing authority. 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.
  11. How does post want proof or documentation that an applicant was checked in NDI in the background investigation file? After the regulations are updated, POST agencies will be required to complete a new Verification of Qualification for Peace Officer Appointment.  This form will include an area for the agencies to indicate when an NDI check has been completed and who completed the check.  Agencies may wish to make an indication in the background narrative as well.
  12. Will this eliminate the ability of a contractor to conduct backgrounds? Will the contractor 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 members of the hiring agency.  Background contractors should coordinate with the contracted agency to ensure that the required checks are being completed prior to appointment.
  13. What happens when the employing agency will not allow access to the file? Penal Code §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 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.  Further, Government Code 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.
  14. Will the POST profile show if a lateral applicant has an entry into the index? While the details are still being finalized, it is anticipated that a POST profile will include an indicator to contact POST for additional information if there is an entry.
  15. To review prior employment personnel, background, etc., files, must the BGI review ALL prior law enforcement agencies or just the most recent? Agencies should ensure that they comply with Penal Code §832.12.
  16. Will background investigators, regardless of if currently with an agency as a peace officer or retired with an independent company, be required to go to the POST approved Background Course? Yes.

Certificates and Proofs of Eligibility

  1. What is a Proof of Eligibility? The Proof of Eligibility 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 Proof of Eligibility? All peace officers who do not currently possess or are not eligible for a Basic Certificate are required to obtain a POE within 10 days of appointment, via the Electronic Data Interchange (EDI), regardless if employed by a POST participating agency. Penal Code Section 13510.1(a) states POST shall establish a certification program for peace officers described in Sections 830.1, 830.2 [except 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: CDCR, probation officers, and reserve peace officers employed by a non-POST participating agency are not subject to SB 2.
  3. When will the Proof of Eligibility requirement take place? January 1, 2023
  4. Can a Proof of Eligibility or Basic Certificate be suspended or revoked? Yes. SB 2 declares POST is authorized to suspend or revoke a POE or Basic Certificate for serious misconduct identified in Penal Code Section 13510.8, or when a person becomes ineligible to hold office as a peace officer pursuant to Government Code Section 1029.
  5. If one has a Basic, Intermediate, or Advanced certificate from years past, are  these still valid? Can they be withdrawn by CA POST? These certificates remain intact and valid. Only the Basic will be revocable for purposes of SB 2. However, if any of the other professional certificates is found to have been issued in error or by fraudulent means, they can be cancelled. 
  6. 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.
  7. Will non-POST participating agencies have to apply for EDI access prior to January 1, 2023, so peace officers can be rostered? Yes, non-POST participating agencies will need access to EDI prior to January 1, 2023. This process is still being developed.  Please check here for updates.
  8. Will existing reserve peace officers, without a POST Basic Certificate, currently  employed automatically be given a POE beginning January 1, 2023? Yes. POST will automatically issue a POE to reserve officers without a Basic Certificate that are appointed by December 31, 2022. After this date, the issuance of a POE will be tied to the completion of a notice of appointment.
  9. Is a POE needed for lateral peace officer hires or only with newly appointed officers? At the time of appointment, POST will make a determination if the appointment requires a POE or if the appointed peace officer already has a Basic Certificate. If the lateral peace officer already has a Basic Certificate, no POE will be issued.
  10. At what point is the Affidavit of Separation notice required? If a person is still fighting the termination through arbitration, for example? This Notice is required within 10 days of the official separation of the agency. If the separation is changed pursuant to arbitration, the appointment status will need to be reported to POST within 10 days.
  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 but is subject to the rehire/requalification requirements that are currently in place by POST.
  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 new POE requirement is only required for individuals who do not already possess a Basic Certificate.
  13. What is required for a pre-service candidate? The POE/Basic Certificate requirement only applies when an individual is appointed as a peace officer/deputy/reserve/jail deputy (under PC 830.1(c)). If the individual is pre-service and appointed as a trainee, there is not a requirement for a POE.
  14. If a probationary employee is released from employment, will the reason for separation need to be reported? Yes. The Affidavit of Separation notice is required within 10 days of the official separation of the agency.
  15. If an officer is placed on administrative leave pending arbitration, when would the Affidavit of Separation notice be required? Upon official separation from employment.
  16. If a new hire in 2022 will not have a Basic Certificate prior to December 31,  2022, will we need to get a POE in January? No, this process will be automated for the gap year. Any peace officer appointed by December 31, 2022 who does not already possess a Basic Certificate will be automatically issued a POE by POST.

Decertification Investigations and Reporting Obligations

  1. If the Peace Officer Standards Accountability Division recommends an action to revoke a certification to be a peace officer, can I appeal the decision? Yes. If the Division recommends action against a peace officer’s certification, the peace officer will be notified of the recommendation. Upon notification, the peace officer may, within 30 days, file a request for a review by the Board and the Commission. If the peace office does not file a request for review within 30 days, the action will stand without further proceedings.
  2. Will my agency need to retain the investigative files for 30 years? Each agency shall follow their 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.
  3. If POST receives a complaint from a citizen on my agency personnel, will my agency be notified? All complaints received from members of the public will be provided to the involved agency, unless such notification would interfere with the investigation.
  4. Does SB2 require agencies to provide POST with the last three years internal investigations? Not exactly. By July 1, 2023, any agency employing peace officers shall report the following events that occurred between January 1, 2020, and January 1, 2023.
    1. The employment, appointment, or termination or separation from employment or appointment, by that agency, of any peace officer. Separation from employment or appointment includes any involuntary termination, resignation, or retirement.
    2. Any complaint, charge, or allegation of conduct against a peace officer employed by that agency that could render a peace officer subject to suspension or revocation of certification by the commission pursuant to Section 13510.8.
    3. Any finding or recommendation by a civilian oversight entity, including a civilian review board, civilian police commission, police chief, or civilian inspector general, that a peace officer employed by that agency engaged in conduct that could render a peace officer subject to suspension or revocation of certification by the Commission pursuant to Section 13510.8.
    4. 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 of certification by the Commission pursuant to Section 13510.8, regardless of the discipline imposed.
    5. Any civil judgment or court finding against a peace officer based on conduct, or settlement of a civil claim against a peace officer or an agency based on allegations of officer conduct that could render a peace officer subject to suspension or revocation of certification by the Commission pursuant to Section 13510.8.
  5. Will POST be conducting investigations into serious misconduct? SB2 has given POST the authority to review investigations completed by law enforcement agencies and, as necessary, conduct additional investigation into serious misconduct that may provide grounds for action against a peace officer’s certification. Agencies will continue to be responsible for conducting and completing their internal investigations.
  6. Will POST be accepting hard copies of case files? No. POST will only accept case files via secure upload. The method has yet to be determined.
  7. Does serious misconduct need to be reported within 10 days of receiving the allegation or 10 days after the completion of the investigation? Within 10 days of receiving the allegation.
  8. Are agencies required to submit all allegations of misconduct, including those that are frivolous, clearly unfounded or exonerated? SB2 states all allegations of serious misconduct shall be reported to POST within 10 days. There are no exceptions for frivolous, unfounded, or exonerated.
  9. What if an agency clears an officer of misconduct but the board does not? Theoretically, if an agency does the investigation appropriately, this should not happen. The agency level of evidentiary standard is preponderance and the level of evidentiary standard for decertification is clear and convincing, which is higher. It is possible this could happen, however.
  10. How will POST investigations be conducted so as not to interfere with each agency's individual investigation? POST will rely on the employing agency to conduct the investigations. Allegations of serious misconduct received by POST will be referred to the employing agency for investigation. The findings of the agency's investigation will be forwarded to POST for review.  Any subsequent investigation needed (if any) would occur after the conclusion of the agency investigation.
  11. Can POST take action on misconduct that allegedly took place between January 1, 2022, and January 1, 2023? Yes, if it meets the definition of serious misconduct.
  12. How does POBAR (Peace Officer Bill of Rights) apply with POST conducted investigations? POBAR applies only to the employing agency, so it does not apply to the decertification investigation. However, POST will provide similar rights during the process.
  13. Should POST find criminal misconduct during an investigation, what happens? Criminal misconduct will be forwarded to the appropriate law enforcement agency to investigate.
  14. Regarding the retroactive reporting, is it only sustained complaints or all complaints that must be submitted? Between Jan. 1, 2020, and Jan. 1, 2023, all complaints of serious misconduct must be reported to POST, regardless of finding.
  15. What will POST do when they receive a civilian complaint? It is the intent that all complaints received from the public will be referred to the employing agency for investigation.
  16. How long is a decertification for and how does an officer regain certification? Once an officer's certification has been revoked, it cannot be reinstated unless there is a later factual finding that exonerates the involved officer.
  17. In the event of an immediate temporary suspension, how does an individual get reinstated if they are cleared of misconduct? After POST reviews the agencies investigation and determines the allegations do not meet the threshold for decertification, the suspension would be lifted, and the certification reinstated.
  18. If an officer is temporarily suspended, will this information be relayed to an out of state agency doing a background on a potential candidate? Only if they inquire with POST.
  19. If a citizen complaint is made through POST, does that automatically meet the agency notification of the allegation requirement, or does the agency then have to report to POST once they receive the complaint from POST? If the complaint contains sufficient information to determine the allegation falls under serious misconduct, the agency will not have to notify POST. 
  20. If an officer's POST certificate is revoked and they are retirement age, does the decertification effect their retirement? POST only takes action on certification, not employment. POST does not have any involvement with the officer’s retirement.
  21. There may be instances where a member of the public does not believe that the local agency is doing anything with their complaint. Does POST offer any recourse? If the allegations include serious misconduct, POST is required to review the final investigation and make its own determination, independent of the agency’s findings.
  22. Are correctional officers part of SB2? No, CDCR personnel are explicitly excluded from SB2.
  23. When Peace Officer appeals discipline relating to serious misconduct, does that delay the decertification process with POST? When plausible, POST will allow the disciplinary appeals to take place prior to POST’s review. 
  24. Will POST recommend decertification of officers for incidents of serious misconduct that occurred within the 3-years of retroactivity? Per Senate Bill 2, POST can only take action on serious misconduct that occurred prior to January 1, 2022, if it meets the following criteria: Dishonesty, Sexual Assault, Use of deadly force resulting in death or serious bodily injury, or the employing agency makes final determination regarding its investigation AFTER January 1, 2022.
  25. Has "serious misconduct" been defined? The definition of serious misconduct must be defined by the Commission on POST. The Commission is scheduled to vote on the definition at its hearing on May 25th.
  26. What about Probation Officers? Probation Officers are excluded from SB 2.
  27. What if an officer is decertified and the allegations are later determined to be false, for whatever reason, can an officer be recertified? This would need to be reviewed by POST’s legal staff.
  28. Will SB2 become part of the annual POST audits in any way? The hiring standards will be incorporated into the agency compliance audits, per SB 2.
  29. Does POST have the authority to compel a statement from a subject officer? SB 2 specifically states “failure to cooperate with an investigation” could be grounds for decertification. However, it further states that the “lawful exercise of rights granted under the United States Constitution, the California Constitution, or any other law shall not be considered a failure to cooperate.” This issue will need further legal review.
  30. Will POST accept complaints from anonymous parties? Yes.
  31. Will POST wait for an agency to finish their investigation prior to beginning their decertification review? Yes, unless unique circumstances dictate otherwise.
  32. At what point is the investigation open to the public? If an agency receives a complaint and reports it, is it open to public before there is an investigation that is completed? CPRA rules are still being vetted by POST legal staff.
  33. When do you suggest we begin to review allegations to determine if they should be submitted to POST? That is an agency decision, but the sooner you start preparing will only make your obligations easier to obtain.  Senate Bill 2 clearly defines most of the conduct that needs to be reported.
  34. If decertification is recommended and the officer appeals the findings, does this place the decertification on hold? A decertification will not take place until the due process hearings have been held and completed or if the officer does not request the hearings, the decertification would take effect 30 days after the notice to revoke has been issued.
  35. If an agency makes a determination to terminate an employee and POST moves forward with decertification, what happens if the employee gets their job back through arbitration? Keep in mind agencies conduct investigations for misconduct that could lead to discipline, including termination. POST conducts investigative reviews solely for the purpose of decertification.  If the Commission ultimately determines decertification is appropriate, the officer would no longer be eligible to be a Peace Officer in California.  That is separate from an employment status.  You may find an agency willing to retain that officer in a non-sworn capacity.
  36. Do Deputy Sheriff's under 830.1 (c) fall under SB 2? Yes, but only those whose agencies are specifically listed in PC 830.1(c).
  37. Would an officer who is decertified lose their ability to have a "Civilian CCW?"  That is the decision of the Sheriff of the county where the license was issued.
  38. Once this is established, will the DA’s office (prosecutors) on criminal cases have access to why an officer was decertified for testimony purposes? Yes.Under SB2, all decertified officers (cases) will be made public.
  39. Is POST accepting public comment or feedback from LE regarding the definition of serious misconduct? POST conducted a workshop to obtain input from representatives of varying law enforcement groups prior to the April Commission meeting. Additional public comments will be accepted after the Commission meeting in May.
  40. Procedurally will a public decertification hearing be held if there are still criminal charges pending related to the original incident? There may always be an exception, but most likely not.  POST will want the complete Internal Affairs investigation for review prior to making any decertification decisions and most agencies will “toll” their administrative investigation until the criminal case is adjudicated.  If POST receives the agencies completed investigation prior to the criminal case being completed, and the investigation reveals clear and convincing evidence to decertify, then POST will move forward with the decertification process.
  41. If an agency receives multiple complaints about an 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 it is truly the same act with several complainants, then only one notification is required.
  42. Is POST going to add SB 2 to one of the Learning Domains? Currently we do not intend to add SB2 to the Learning Domains.
  43. What are the penalties if an agency fails to report an allegation of misconduct to POST within 10 days? There is no penalty listed in SB2; however, it would be a clear violation of the law.
  44. Given the likelihood there will be an immense increase in complaints directly to POST that must be investigated, is there any state funding for agencies to fund the proper investigation of these complaints? Unfortunately, SB2 came without funding.
  45. Do all internal affairs investigations conducted need to go to POST for review? Only cases involving the allegation of serious misconduct as defined by Penal Code 13510.8(b).
  46. Is your POST Citizen Complaint form available on your website yet? Not yet.
  47. How long will it take POST to notify an agency the allegations of misconduct are not supported and clearly unsubstantiated? For example, a pending criminal trial and a representative for the suspect files a complaint against the arresting officer through POST. Will this submission to POST cause a delay in the trial? Are POSTS findings not to de-certify the officer admissible in court? It’s unlikely a criminal trial would be delayed because a suspect files a complaint against the arresting officer, which often happens. A Pitchess Motion is usually requested to discredit the officer, but most cases will not pend just for an IA outcome.  All complaints received by POST are forwarded to the affected officer’s agency for investigation.  POST will wait for the completed investigation from the agency prior to doing their investigative review for decertification purposes.
  48. What if the POST investigators do not recommend decertification, but the board does? Only those cases the “POST Investigators” determine contain clear and convincing evidence to support decertification will be forwarded to the Board.

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

  1. What are the proceedings if the investigation finds grounds for suspension or revocation? The Standards Accountability 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 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 make notification to the head of the affected officer’s agency and the district attorney of the county which the peace officer is or was employed. POST is required to publish the names of any peace officer whose certification is suspended or revoked and the basis for the suspension or revocation and will notify the National Decertification Index of the International Association of Directors of Law Enforcement Standards and Training of the suspension or revocation.
  3. What is the purpose of the Standards Accountability Advisory Board? The purpose of the Board is to make recommendations on the decertification of peace officers to the Commission.
  4. Who serves on the Peace Officer Standards Accountability Advisory Board? The board consists of nine members, who are appointed by the Governor and legislative leaders. The Board shall include: one current or former police officer with command experience; one current or former peace officer with management rank; two members of the public with experience working at a nonprofit or academic institution; two members of the public with experience working with community-based organizations related to police accountability; two members of the public with strong consideration given to individuals who have been subjected to 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 the wrongful use of deadly force by a peace officer; and one attorney.
  5. I am interested in serving on the Board. How do I apply? Pursuant to the California 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:
  6. If we report a “significant” allegation, like a sexual assault, but ultimately, we unfound it and POST does not seek recertification, will these remain confidential since they’re not sustained complaints? POST is reviewing the CPRA rules with legal staff. Please refer to Senate Bill 2 section 5.5 or Penal Code 832.7 for specific language involving CPRA’s.
  7. What is your timeline for the board to review and come to a conclusion? POST has 3 years from receiving the allegation to take action.
  8. If a police officer is decertified, can the DA’s office or the defensive attorney seek details from POST as to the reasons why for testimony purposes on a criminal case (credibility as a witness in court)? There are several pending legal questions regarding what information is to be released in the event of sustained or not sustained investigations. We will provide additional information when it becomes available.
  9. Will the details of the entire case be made public under the PRA law or will it be redacted? There may be redactions. SB2 is specific on what may be redacted, such as certain phone numbers, confidential subjects, for the protection of witnesses, etc. Please refer to Senate Bill 2 section 5.5 or Penal Code 832.7 for specific language involving CPRA’s.
  10. Will this course be available to a LE agency for review of what the Board is learning? Yes, it will be available.
  11. What is the standard of proof for both the Board and Commission actions? The standard of proof is clear and convincing evidence.
  12. How can someone apply to be on the board? Applications must go through the Governor's Office of appointments.
  13. Can the board act independently regardless of any else's 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.
  14. With hundreds of agencies submitting their IA reports to POST, how will they be reviewed in a timely manner? These allegations will be uploaded via a database which will allow for a timely review. Not all cases will be taken to the board. Only those that POST is requesting decertification and of those, only ones where the office requests a review.
  15. Is the Decertification Training Course going to be available to everyone or just the board? At this point, the training will only be for the Board and the Commission should they want to attend.
  16. Is the public hearing process held if the certification is voluntarily surrendered? No, if an officer voluntarily surrenders their certification, there will not be a hearing.
  17. Does an IA or personnel record become public record in the POST appeal process? Yes. SB2 changed prior law regarding what constitutes confidential records. The law is very specific and lengthy.  Please refer to Senate Bill 2 section 5.5 or Penal Code 832.7 for specific language involving CPRA’s.
  18. If a law enforcement officer has a sustained act of dishonesty from a department and during POST's review, the subject officer appeals the decision from the department through civil service and ultimately overturns that decision. If this occurs after POST has decertified the officer, can that officer appeal POST's ruling after the fact? They are two separate processes. However, if an officer has been decertified by the POST commission, they can appeal to superior court.
  19. If someone in good standing resigns or retires and is later hired with the same or new agency, how do they regain certification? It would depend on whether they hold a Basic Certificate. If a new appointee (or returning) is hired, POST will determine whether there needs to be a proof of eligibility issued.
  20. Do IA files need to be retained for 30 years even if unsustained or exonerated? POST is required to maintain their files for 30 years. Each agency should comply with their specific record retention requirements.
  21. How can decertification NOT be considered punitive? Senate Bill 2 solely deals with licensing and not discipline or criminal matters.
  22. Will the Board have access to independent investigators to conduct follow up on cases conducted by agencies? At this point, the Board can recommend to the Commission that the Division investigate. There is no independent authority outlined under SB2 for the Board to conduct an independent investigation.
  23. Has the definition of ‘serious misconduct’ officially been defined? The Commission met in April to deliberate the definition of "serious misconduct." They will meet again on May 25 to decide whether to adopt the definition.
  24. Can the Commission disagree with the Board’s recommendation to decertify an officer and decide to allow the officer to retain his/her certification? Yes. The Board can only provide a recommendation, but the Commission has final decision authority.
  25. Will POST get involved in Pitchess motions if they retain files longer than the agency? No, POST will not participate in Pitchess motions.
  26. Once an officer is suspended pending the decertification process, what obligations does the agency have related to the certificate suspension? If decertification is recommended, is the employee entitled to a Skelly hearing by the agency? Skelly hearings are only applicable to the employing agency and action taken by that agency. Actions, such as decertification taken by the Commission, do not obligate the agency to do anything other than to ensure the peace officer is no longer working in the capacity of a law enforcement officer.
  27. Can the Commission's final decision be appealed beyond the request for review by the officer? Yes, through Superior Court.
  28. Are agencies sending investigations that include both sustained and not sustained findings and POST will retain both for 30 years? Correct.
  29. Will there be considerations for suspending a LEO license for a short period of time, say 30 days or 90 days? Or is this all or nothing type of decertification only? If suspensions are being considered what happens to the LEO with their perspective agency? The Commission does have the ability to recommend suspension for any duration of time. If an officer has their certification suspended, it is entirely up to the agency to determine what to do with that officer, but they would not be able to perform in a sworn capacity during the suspension.
  30. Can the public video record and/or record the hearings? If you attend a public meeting (i.e., a meeting of a governmental body required to be open to the public by law) in California, you may 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.
    Cal. Gov't Code § 11124.1(a); Cal Gov't Code §§ 54953.5(a), -.6.
  31. If an agency suspends an officer, will POST then suspend the officer for an additional time? POST only deals with peace officer certification. Employment decisions are independent of possible action by the Commission.
  32. Does the Board's decision have to be unanimous or should more than 50% be sufficient for a revocation/cancellation recommendation? The Board’s decision is by majority vote.
  33. Will POST investigate complaints about a POST Certified Agency? Decertification is directed at serious misconduct against peace officers, not agencies. 
  34. How can we get a recording of these presentations/sessions? Find the recordings on the POST Website through SB 2.
  35. Who is on the Commission? See the list of Commissioners.
  36. Can the makeup of the Board be challenged by an officer? No. The composition of the board is specified in law and appointees are made by the Governor and the legislature.