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POST agrees to stay revocation and impose conditions for Daly City officer Jaime Bermudez after two DUI convictions

2067738 · January 6, 2025
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Summary

After the advisory board recommended revocation, the POST commission on Nov. 17 approved a stipulated agreement staying revocation for former Daly City officer Jaime Bermudez under terms that include substance testing and conditions; Bermudez had two DUI convictions (2015 and 2022) and completed inpatient treatment.

The California Commission on Peace Officer Standards and Training on Nov. 17 approved a stipulated resolution to stay revocation of former Daly City Police Department officer Jaime Bermudez’s POST certifications and impose terms and conditions, after the advisory board had recommended revocation.

POST investigator Kevin Sherburne told the advisory board that Bermudez has two DUI convictions that the division determined constitute repeated conduct inconsistent with law-enforcement obligations. Sherburne said Bermudez’s earlier conviction (2015) followed a crash in which his blood-alcohol content measured 0.19%; the 2022 arrest involved a government vehicle and a BAC of 0.269% plus a positive THC result (5.9 ng/mL). The 2022 conviction carried a statutory enhancement as a second DUI within 10 years and included a 20-day jail sentence.

Sherburne said the Daly City internal affairs investigation into the 2022 arrest resulted in sustained findings and a recommendation of termination; Bermudez was later terminated. In public comments before the advisory board, Bermudez acknowledged the conduct, said he completed a 30‑day inpatient rehabilitation program and subsequent outpatient treatment, and told the board he had been sober for about two years and two months.

The advisory board voted unanimously to recommend revocation with conditions. At the commission meeting, an initial motion to revoke failed. Commissioners then considered a motion to enter into a stipulated settlement and stay revocation with monitoring and conditions, including prohibiting THC as a controlled substance under the terms of the stay; that motion passed.

POST staff described prior precedent in which revocations were stayed under terms and conditions tied to substance-abuse treatment and monitoring. The stay adopted by the commission will require compliance with conditions outlined in the settlement that the commission approved at the meeting.

The division presented the investigative summary and findings, advisory-board transcript and attachments from the Oct. 17, 2024 advisory-board hearing as the record for commission review. Bermudez did not present additional testimony at the commission meeting and declined to speak further after the advisory-board presentation.