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POST waits for legislative fix on AB 89 bachelor’s/modern-policing language; commissioners urge patience
Summary
POST staff told commissioners that ambiguity in AB 89’s language (which reads 'and' where the intent was 'or') leaves POST with conflicting statutory directions; commissioners generally agreed to wait for a legislative fix being pursued by Cal Chiefs, sheriffs and PORAC before adopting agency rules.
The Commission received an update on AB 89, the 2021 law that added higher-education language to Penal Code and directed POST to adopt recommendations made by the California Community Colleges report.
Legislative liaison Megan Polis explained the problem: the report recommended minimum education pathways but the statute’s drafting uses the conjunction "and," which on its face would require both a modern policing degree (45 units) and a bachelor's degree as minimums. "I would like to emphasize the word and as that was not intended by the legislature," she said. "It was meant to be an or,…
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