POST panel outlines SB 2 reporting, decertification steps and timelines

Panelists from the Commission on Peace Officer Standards and Training (POST) laid out how agencies must report alleged serious misconduct under Senate Bill 2 (SB 2), how POST evaluates those reports and what officers can expect if POST seeks suspension or revocation of certification.

At a recorded Q&A hosted by POST’s Professional Conduct/Accountability division, law enforcement consultants said agencies must submit reports of conduct that “could render a peace officer subject to suspension or revocation” within 10 days of discovery, POST sends written closure or regulatory notices by U.S. mail, and officers have defined appeal windows if POST initiates regulatory action.

Why it matters: SB 2 created a statewide reporting and decertification pathway intended to add independent review of agency investigations. Panelists said POST will independently assess agency files, which can lead to a notice of intent to revoke and ultimately administrative proceedings separate from internal agency results.

How cases move at POST Rick Collins, law enforcement consultant, Northern Bureau, said POST’s process begins with an initial assessment by a law enforcement consultant. If the consultant believes a case may proceed, it is presented to a bureau chiefs (BC) panel. If the BC panel agrees, the consultant drafts an investigative summary and findings (ISF), and the legal affairs bureau reviews the ISF before the assistant executive director and chief legal affairs attorney decide whether to move the matter to the board for a public hearing. If the board recommends revocation or suspension, the Commission may authorize a formal administrative hearing before an administrative law judge.

"The commission shall review the recommendation 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," Collins said.

Independent review, regardless of agency outcome Dave Paletta, law enforcement consultant, Southern Bureau, said POST conducts an independent assessment even where an agency retains an officer or where the officer prevails in administrative or arbitration processes. "While the results of the disposition of the agency investigation are taken into consideration, each professional conduct bureau is responsible for conducting an independent assessment ... and an analysis of any alleged serious misconduct before any recommendations for action is taken," Paletta said. He cited Penal Code section 13510.8(c)(6) as governing that authority.

Timelines, notice and evidence standards Panelists said the timeline for completion varies: POST can take quick action on straightforward matters, but criminal proceedings, pending arbitration or incomplete agency files can extend the timeline. POST has a three-year statute of limitations that begins when it receives a complete internal affairs (IA) investigation; if no IA is received, POST said there is no statutory deadline that starts POST’s clock.

The legal standard POST applies when pursuing decertification is "clear and convincing" evidence, a higher threshold than an agency internal affairs investigation (preponderance of evidence) but lower than beyond a reasonable doubt. "The clear and convincing evidence standard is what we are bound to look at a case for," said Rick Collins. Another panelist summarized the standard as requiring that the evidence be substantially more likely to be true than not true.

Reporting obligations and what must be reported Panelists emphasized that agencies must report any complaint, charge, or allegation that could affect certification under Penal Code section 13510.9. "Even if the allegation is frivolous at face value, that allegation should be submitted to POST," a consultant said, adding that agencies should err on the side of reporting so POST can assess whether a matter meets the statutory serious-misconduct criteria.

Who must report: the employing agency Panelists clarified that the employing agency—not an outside criminal investigating agency—bears the SB 2 reporting duty. If a different jurisdiction conducts a criminal investigation of an officer, the criminal investigative agency does not have the statutory SB 2 reporting obligation; the officer’s employer must report any matter that could affect certification.

Notification procedures and address of record POST sends written notices of closures or proposed regulatory actions to both the employing agency and the subject officer’s address of record (which defaults to the agency if not separately updated). Panelists strongly encouraged officers to maintain a personal address of record via POSTpass to ensure they receive notices directly; they also said the address of record is not public information.

Interviews, representation and bill of rights POST investigators may interview officers and will provide notice; POST is not the employing agency, so the Peace Officer Bill of Rights (POBAR) does not apply to POST-led interviews, but POST will permit a representative to attend interviews provided the representative is not a witness or party to the investigation.

Scope: who SB 2 covers Panelists confirmed that jail deputies covered by Penal Code section 830.1(c) are subject to SB 2 in the same manner as sworn peace officers. By contrast, California Department of Corrections and Rehabilitation (CDCR) officers were identified as not reporting to POST in the transcript exchange.

Consequences and administrative options If POST decides to seek regulatory action, it sends a notice of intent to revoke; the officer has 30 days to request review, which triggers a board hearing. If the officer does not respond, POST may enter a default revocation. Officers may also voluntarily surrender certification; POST posts voluntary surrenders and has a form (POST 2-358) describing the waiver of hearing rights.

Records, publicity and retention POST said investigative records are retained for 30 years unless the subject dies and the agency elects earlier destruction. Panelists said personnel and investigative documents are not released by POST in response to routine California Public Records Act (CPRA) requests for active investigations; if records are sought they are forwarded to the originating agency for response. POST may make documents public when they are presented to the board as part of an investigative summary and findings.

Staffing and caseload Panelists acknowledged a high volume of SB 2 reports and said POST is actively recruiting; they described substantial daily case intake and noted that the Professional Conduct bureaus could use additional staffing.

Closing note Panelists repeatedly urged agencies to report within the 10-day statutory window, to submit even allegations that may appear frivolous, and to keep officers’ address-of-record information current so notices reach the subject officer.