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POST records spike in misconduct reports and faces DOJ data‑access dispute over criminal history and CJIS bulletin
Summary
POST reported more than 30,000 misconduct reports received since its retroactive collection began and described 34 notices of intent to decertify and multiple revocations. Staff said a recent DOJ/CJIS bulletin restricting some criminal‑history sharing is creating operational and legal issues for POST’s misconduct investigations under SB 2.
POST’s Professional Conduct division told the advisory committee that the agency has received a substantial volume of misconduct reports since the SB 2 reporting mandate expanded POST’s responsibilities — and that the bureau is handling a mix of retroactive and new reports while pursuing decertification and other actions where appropriate.
Mike Radford, Bureau Chief for Professional Conduct (Los Angeles County division), presented year‑to‑date statistics as of Nov. 1, 2024: POST had received 30,422 total misconduct reports (including supplements and follow‑ups), 1,337 public complaints and created roughly 20,700 cases. Radford said roughly 11,961 cases remain open; the bureau triages cases by priority and currently has both cases open with POST and thousands that remain open with employing agencies pending final agency investigations.
Radford described outcomes to date: POST had issued 34 notices of intent to decertify; 12 of those officers have appealed, 18 cases proceeded to default, one resulted in a default suspension and the office had accepted one voluntary surrender. Radford added that of decertification matters that reached the POST board and commission, several revocations, suspensions and stipulated settlements have occurred.
Advisory members asked about backlog and how POST is allocating investigative resources. Chief Counsel William Darden and Executive Director Manny Alvarez explained triage: priority cases (use of force with injury/death, dishonesty, ***assault) and officers who have been terminated are prioritized; Radford said approximately 10,000 of the reports are still unassigned and awaiting initial screening.
The presentation prompted a separate legal and operational discussion about criminal‑history information and DOJ guidance. Toby Darden and Executive Director Alvarez outlined a dispute with DOJ’s CJIS unit over a November bulletin that restricts sharing certain CJIS‑derived data. Alvarez said POST receives disqualifying conviction lists from DOJ under Gov. Code §1029 and that the agency also relies on detailed underlying documentation when preparing decertification notices and reviews. But he said DOJ’s bulletin (referred to in meeting discussion as the “Klutz bulletin”) limits agencies’ willingness to provide underlying investigative records and CJIS has advised that some data not be shared with POST, even when SB 2 requires POST to collect it.
POST legal staff described two operational impacts: (1) POST’s personnel‑file audits — used to verify hiring and firearm eligibility documentation — are affected because CJIS‑derived data are now partially restricted under the bulletin; (2) serious misconduct reports sometimes rely on CJIS‑derived details (for example, records showing improper access to restricted CJIS data) and DOJ guidance that agencies should redact some CJIS content complicates POST’s ability to evaluate allegations. Alvarez and Darden said they are in active discussions with DOJ attorneys about the bulletin’s interpretation and warned of potential gaps in POST’s ability to investigate certain serious misconduct without clarity on data access.
Ending: POST reported high caseloads tied to SB 2 implementation, several notices of intent to decertify, and a continuing legal dispute with DOJ/CJIS about access to certain CJIS‑derived records. Staff said they will pursue resolution with DOJ and continue to prioritize cases by public‑safety risk while processing revocations, suspensions and voluntary surrenders.
