POST reports shrinking backlog but ACLU warns thousands of misconduct records remain hidden by NDAs

The California Commission on Peace Officer Standards and Training (POST) said Wednesday that it has made measurable progress clearing a backlog of peace‑officer certification cases, but civil‑rights advocates told the commission that thousands of cases remain hidden by nondisclosure agreements.

At a public meeting in Sacramento, POST Executive Director Manny Alvarez said the agency presented 13,312 pending cases at an earlier briefing; as of the June 4 meeting POST’s internal count of pending cases for its review was just over 6,200, and roughly 6,000 additional cases remain with local law enforcement agencies for their review. Those agency cases reflect allegations being investigated locally, Alvarez said.

The ACLU of California used the meeting’s public‑comment period to press POST for firmer action. George Brampathu of ACLU California Action told commissioners that the commission has reported at least 10,000 misconduct records are covered by nondisclosure agreements (NDAs). He said many of the sealed records appear to involve “misconduct that is so serious that an officer’s own agency deemed them unfit to serve,” including sexual assault, destruction of evidence, crimes against minors and embezzlement. “When POST told the legislature that there are 10,000 records of misconduct being covered by NDAs, what you were really telling the legislature is that the commission is aware of at least 10,000 active violations of SB 2,” Brampathu said, referring to the state transparency law (SB 2) requiring certain misconduct reporting to POST.

Carlos Montes‑Ponce of the ACLU of Northern California asked for a status update on a separate, high‑profile complaint the ACLU filed in October 2024 about Vallejo Police Department officers. He told commissioners that family members who testified before POST are awaiting case outcomes and asked for a progress report.

POST staff acknowledged the concerns and said the agency is working through a large caseload. Alvarez told commissioners the agency is slowly working cases down and that most of the remaining caseload is prioritization “priority 3 and priority 4 cases” (retroactive and lower‑priority matters). He said POST’s estimate that roughly 6,000 cases are with agencies will likely remain near that level because agencies are required to report allegations to POST as they arise.

Certification‑division leaders also briefed commissioners on recent decertification activity: Michelle Wyler, chief of the Certification Bureau, said POST has moved to revoke certifications in cases where state law requires revocation following felony convictions and otherwise continues to process notices of intent and revocation actions. Wyler provided the commission a status snapshot and described the agency’s evolving workflows for those cases.

Commissioners did not take immediate new policy action at the meeting but discussed options for accelerating case reviews and asked staff to return with proposals for more efficient triage and for better outreach to agencies about SB 2 responsibilities.

Why it matters: POST’s backlog and the question of NDAs intersect with both accountability and public records obligations. SB 2 requires certain misconduct to be reported and retained; the ACLU’s public comment frames NDAs as a possible barrier to transparency and to POST’s ability to fully enforce the law. POST’s progress on clearing older cases reduces some backlog, but public advocates told the commission much work remains on transparency and compliance.

What’s next: Commissioners asked staff to report on potential steps to address NDA‑covered records and to provide further updates on the Vallejo investigation once staff can do so without compromising active investigations. POST also said it will continue to report progress on backlog reduction in future meetings.