California POST panel outlines decertification process, notice rules and evidentiary standards

During a public question-and-answer session, officials from the Commission on Peace Officer Standards and Training (POST) described how the agency handles allegations that could lead to officer decertification and explained procedural safeguards for officers and agencies.

The discussion matters because POST decisions affect officer licensing and public trust: POST can suspend or revoke a peace officer's certificate independently of an employer's internal findings, and the agency applies a higher administrative standard than typical employment proceedings before seeking decertification.

POST officials said the agency receives a large volume of complaints but pursues a small share for formal regulatory action. "Post has received approximately 35,000 reports of serious misconduct... Post is engaged in approximately 400 regulatory actions," said Kevin Sherburne, law enforcement consultant, Professional Conduct Central Bureau, who added that roughly "somewhere less than 5%" of incoming reports have led to decertification actions to date. Sherburne also summarized the legal standard: "The statute sets forth that the standard is, clear and convincing evidence," meaning the allegation must be highly probable to be true.

Panelists identified where allegations must be reported and how POST evaluates them. Brandon Kiley, law enforcement consultant, Professional Conduct Northern Bureau, said: "Yes. If it's a matter related to serious misconduct," and noted that the categories of serious misconduct are set out in "commission regulation 1205." Agencies must file allegations that could render an officer subject to revocation;…