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POST debates several regulatory changes including background-transfer rule and reserve-FTO carve-out
Summary
Commissioners split over proposed changes to background-investigation transfer rules and a narrow FTO exemption for level‑1 reserve deputies serving private universities; transferability lacked a second and was not adopted, while education-related conforming edits advanced.
Commission staff proposed several regulatory changes during the meeting that prompted extended debate. Key items included a proposed revision to Regulation 19.53 to allow transfer of a complete background investigation (conducted within the past 12 months) from one agency to another one time with agreement of both agencies; and a narrow proposed exemption in Regulation 10.04 to permit certain level‑1 reserve deputies assigned full‑time to private-university public-safety departments (for example, Stanford DPS and University of the Pacific) to attend Field Training Officer (FTO) school and serve as FTOs when approved by the sponsoring POST-participating agency.
The background transferability proposal was advanced to address hiring friction for smaller agencies and to let agencies rely on recently completed, complete background investigations. Supporters (including representatives of Cal Chiefs) argued the change saves time and helps smaller agencies hire qualified laterals. Opponents warned it could become a 'shortcut' diminishing hiring authorities' discretion; one commissioner said they would never "accept somebody else's background" and voting failed for lack of a second on the transferability motion. The meeting did approve a narrower, conforming education update to align regulation language with AB 992 (acceptance of foreign-degree equivalency evaluations) and a clarifying deletion in 19.53.
The proposed FTO reserve carve-out (initially requested by Santa Clara County Sheriff/Stanford DPS and Stockton/UOP) prompted a long discussion about equity and unintended consequences. Staff described a director-approval process requiring a written request and individual approvals; some commissioners cautioned that the exemption could create a growing number of ad hoc workarounds and recommended a broader, holistic policy review. The commission tabled the specific carve-out for additional work and asked staff to return in March with a more comprehensive approach.
Why it matters: these regulatory changes affect hiring and transfer practices, the portability of investigator work products, and the training paths for nontraditional or private-university public-safety officers. The debate reflects competing priorities: easing hiring for smaller agencies vs preserving agency control and ensuring consistent vetting and training standards.
What’s next: The education/alignment items were advanced to conform with AB 992; staff will return with refined proposals and options on the reserve-FTO exemption and background-transfer implementation details in the March meeting.
