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POST reports backlog, decertification activity and CJIS access dispute under SB2 reporting regime

2067740 · January 6, 2025
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Summary

POST staff presented a comprehensive report on certification and professional conduct activity since SB2 and the state’s new mandatory misconduct reporting regime, including thousands of cases, dozens of notices of intent to decertify, and a dispute with DOJ over CLETS access.

POST staff presented a comprehensive report on certification and professional conduct activity since SB2 and the state’s new mandatory misconduct reporting scheme.

Mike Radford, chief of POST’s Professional Conduct Los Angeles division, said POST had received large volumes of misconduct reports as of Nov. 1, 2024. He reported roughly 30,422 submitted misconduct reports and a larger count of alleged misconducts (34,732 reported allegations), reflecting that a single incident can generate multiple alleged violations. POST had created about 20,700 cases, of which 11,961 were open; Radford said about 9,437 of those open cases were assigned to POST (the remainder open with the reporting agency). He described POST’s prioritization system (Priority 1–4) and said the agency has triaged matters that present the greatest public‑welfare risk.

Radford and Certification Bureau chief Michelle Wyler outlined outcomes and enforcement activity: POST had issued 34 notices of intent to decertify (for alleged serious misconduct) — 12 of those recipients appealed and 18 did not respond and went into default; one default resulted in a suspension. Radford said the POST board had heard 10 decertification matters, recommending revocation in eight and suspension or other outcomes in the remainder; the full commission had heard six matters and issued three revocations, two stipulated settlements and one “no action” determination.

On convictions and disqualifications, staff said DOJ notification and local reporting had identified about 160 officers with qualifying felony convictions during the data reconciliation process; POST had recorded roughly 112 disqualifications based on those convictions, with 48 of those matters already resulting in revocations. POST staff explained that convictions reported via DOJ (part of the SB2 implementation) trigger a ministerial ineligibility process that is now being administered; staff also described due‑process mailings and a 30‑day response period when POST learns of a conviction, and said the commission’s role in routinely ratifying ministerial ineligibilities would change going forward.

Separately, POST staff and legal counsel told the committee they are in dispute with the Department of Justice (CJIS/CLETS) about a November bulletin that, in DOJ’s view, limits access to certain CLETS (CR) information. Chief counsel William Darden and Executive Director Manny Alvarez said the CJIS bulletin would impede POST’s mission: POST’s statutory audit and serious‑misconduct investigative authorities sometimes require CLETS records (for example, an allegation that an officer improperly accessed restricted records). DOJ’s bulletin, they said, could require POST to issue subpoenas to obtain materials sent to POST previously by agencies and could cause agencies to withhold underlying investigative records. Darden said POST is statutorily entitled to some conviction data from DOJ under SB2 and that legal discussions with CJIS are ongoing.

POST summary figures provided at the meeting included: 20,700 POST cases created from misconduct reporting; 49 immediate temporary suspensions issued by the executive director year‑to‑date (certification bureau figures); 55 voluntary surrenders this calendar year; and 362 total enforcement or corrective actions POST has taken (including revocations, suspensions, ineligibilities and surrenders). POST staff acknowledged an unassigned backlog of roughly 10,000 reports that had not been assigned to investigators for initial screening. Staff told the committee they are triaging by priority and that some categories of incidents (priority 3 and 4, retroactive reporting) remain pending at agencies.

Committee members asked for detail on the staffing and backlog; POST said it would provide a more detailed breakdown of priorities and status to the commission and that staff were working on reconciliation between POST’s transcript/affidavit records and the EDI appointment system to ensure separation and employment records align.