Police Decertification in California: How it Works

Before SB 2, officers who were disciplined or fired from a police department for serious misconduct did not necessarily lose their police certification, meaning that they could potentially be rehired by another department.  

Under the new law, once an officer is decertified, they can no longer be hired as a police officer in the state of California. Their name will also be added to the National Decertification Index (NDI), a national database that tracks decertified officers across state lines.

Any person who had a negative interaction with law enforcement that they believe qualifies as serious misconduct and warrants decertification can file a complaint. Civilian oversight bodies, such as police commissions, inspector generals, or local review boards, can also file a complaint.  

Once a police department receives allegations of serious officer misconduct, they are required to report those allegations to POST.  

Dishonesty relating to the reporting, investigation, or prosecution of a crime, or relating to the reporting or investigation of officer misconduct. This can include, but is not limited to: making false statements; intentionally filing false reports; tampering with, falsifying, destroying, or concealing evidence; perjury; tampering with data recorded by a body-worn camera or other recording device for purposes of concealing misconduct.

Abuse of power, including, but not limited to: intimidating witnesses; lnowingly obtaining a false confession; knowingly making a false arrest.  

Physical abuse, including, but not limited to, the excessive or unreasonable use of force. 

Sexual assault, including but not limited to, the commission or attempted initiation of a sexual act with a member of the public by means of force, threat, coercion, offer of leniency or other official favor, or under the color of authority.

Demonstrating bias on the basis of actual or perceived: race; national origin; religion; gender identity or expression; housing status; sexual orientation; mental or physical disability; or other protected status in violation of law or department policy or inconsistent with a police officer's obligation to carry out their duties in a fair and unbiased manner. 

Acts that violate the law and are sufficiently egregious or repeated as to be inconsistent with a police officer's obligation to uphold the law or respect the rights of members of the public, as determined by the Commission. 

Participation in a law enforcement gang. “Law enforcement gang” means a group of police officers within a law enforcement agency who may identify themselves by a name and may be associated with an identifying symbol, including, but not limited to, matching tattoos, and who engage in a pattern of on-duty behavior that intentionally violates the law or fundamental principles of professional policing. 

Failure to cooperate with an investigation into potential police misconduct. 

Failure to intercede when present and observing another officer using force that is clearly beyond that which is necessary.

You should first create a paper trail by filing a complaint to the local law enforcement or oversight agency where the offending officer is employed. You can also submit your complaint to POST so that there is a record of them receiving it. However, in most cases, POST will refer the complaint back to the local agency to conduct their initial investigation. Once the initial investigation is complete, POST will review the findings to see if the officer’s conduct warrants decertification. 

You can submit a complaint to POST using this digital form https://post.ca.gov/public-complaint-form. If you prefer filing a hard copy complaint and mailing it to POST, you can download the PDF form here https://post.ca.gov/Portals/0/post_docs/forms/2-354.pdf.  

If new evidence arises after you submitted the original complaint, you can submit the new details in a supplemental complaint to POST. 

Lastly, if the complaint is regarding anything other than serious misconduct as defined above, it will be out of the purview of POST and will not be investigated by POST as a consideration for decertification. 

POST periodically updates a list of officers that have been suspended or decertified. You can access the list at https://post.ca.gov/Decertification-List. All decertification records are public and will be retained for 30 years.  

The state agency responsible for processing police officer misconduct complaints is the Commission on Peace Officer Standards and Training (POST). SB 2 created a new branch under POST, the Peace Officer Standards Accountability Division, which is tasked with the power to investigate and to decertify officers who engage in serious misconduct. 

When the local police agency completes their investigation, they are then required to report the finding to POST, including all relevant documents and details. POST will refrain from investigating until the agency finishes its internal investigation.   

Once POST receives the results of the investigation, which can include potential discipline, including officer suspension or termination, they evaluate whether the violation qualifies as serious misconduct. If it does not, POST closes its investigation. But if they discover that misconduct did occur, POST will make a recommendation to decertify the offending officer.  

The officer facing decertification will have a chance to appeal POST’s ruling. If they choose to do so, the complaint will be reviewed by a civilian-led advisory board composed of seven public members and two police representatives. The civilian board conducts a public hearing on the decertification case and then makes written recommendations to POST by majority vote on what action should be taken against the officer. 

POST then reviews the civilian board’s recommendations. If a two-third majority supports the civilian board’s decision to decertify, a formal hearing before an Administrative Law Judge (ALJ) will be initiated. The judge will make its ruling, but POST has the ultimate authority on whether to proceed with decertification.  

SB 2 also requires that all local law enforcement agencies report officers who are fired or separated from employment to POST within 10 days. This includes any involuntary termination, resignation, or retirement.  

SB also ends certain officer immunities that were previously used to shield police from accountability, making it easier to sue officers over threats, intimidation, or coercion that interferes with a person’s constitutional rights.