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POST debates widening 'dishonesty' grounds for decertification; commissioners signal caution and ask staff to return with options
Summary
POST legal staff presented two options to broaden the regulatory definition of 'dishonesty' that can trigger decertification. Commissioners and advisory members warned that expanding definitions could sharply increase caseloads and raise evidentiary challenges; staff will return with more focused proposals in March.
Chief Counsel William "Toby" Darden and Assistant Director Anne Marie Delmonado led a discussion on Nov. 1 about whether POST should expand the regulatory definition of "dishonesty" as a basis for decertifying peace officers under SB 2.
Darden presented a range of drafting ideas: a broader approach that would make dishonest acts "in the practice of law enforcement" actionable; and a narrower one that would capture dishonesty in any criminal or internal matter in which an officer is a subject, witness or involved party. He said some other states use phrasing such as dishonesty "in the practice of law enforcement" or link decertification to instances where an officer was terminated for dishonesty by an agency.
Assistant Director Anne Marie Delmonado flagged…
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