With the rising concerns over the misuse of power by peace officers, California took a significant step by passing Senate Bill 2 (SB 2) in 2021. This law empowers anyone to file a complaint if they’ve had a negative interaction with an officer, potentially starting the police decertification process.
Decertification plays a crucial role in eliminating problematic officers. If you’ve experienced misconduct at the hands of a peace officer, here is more information on how to file a complaint and what to expect afterward.
Understanding serious misconduct
The California Commission on Peace Officers Standards and Training (POST) is authorized to conduct investigations and revoke a peace officer’s certifications on the grounds of serious misconduct. SB 2 does not provide an exact definition of “serious misconduct,” leaving it to POST’s discretion. However, it must encompass the following at a minimum:
- Dishonesty
- Intimidating witnesses
- Use of excessive or unreasonable force
- Sexual assault
- Demonstrating bias
- Egregious or repeated violations of any law
- Participation in a “law enforcement gang”
- Failing to cooperate with investigations
- Failing to intercede when another police officer uses unreasonable force
If you witness or experience any actions by an officer that fit into these categories, you have the right to file a complaint.
Steps to initiate the decertification process
POST will only investigate claims, allegations and complaints that involve serious misconduct. If you believe that what you have experienced qualifies, take the following steps:
- File a complaint with the local law enforcement agency where the officer works or report directly to POST. However, POST will not take action until after the local agency conducts the initial investigation and reports its findings.
- Wait for POST to review the results from the local agency. In case new evidence emerges, you can submit a supplemental complaint to POST.
What happens after filing?
POST will conduct its own investigation and evaluate whether the violation qualifies as serious misconduct. If it does, they will recommend decertification and a hearing will take place, at which the officer can appeal. There will then be a series of reviews to help determine whether to proceed with POST’s recommendation. If decertified, the officer in question will no longer be able to work in California law enforcement again, and their name will be added to a national database.
On the other hand, if POST determines there was no serious misconduct, they will close the investigation.
Will you need legal help?
Although SB 2 empowers you to take action, decertifying a police officer can be intimidating, given their authority and the respect their agency commands. An experienced civil rights attorney can provide comprehensive guidance, help gather evidence and protect your rights throughout the process.
Taking a stand against injustice can be daunting, but your courage can not only help you seek justice but also inspire positive changes in law enforcement practices, ultimately fostering safer communities.