Need some help from those of you working in POST states

[Lon]

Ohio isn’t a POST state. We aren’t “licensed” as police officers. I’m interested in finding out how other states handle licensure of police officers and how that license can be revoked/suspended. If you’re from a POST state and can direct me to the relevant portions of your laws that deal with that I’d be grateful. It will save me a bunch of time.

[jd950]

Ohio isn’t a POST state. We aren’t “licensed” as police officers. I’m interested in finding out how other states handle certification of police officers and how that license can be revoked/suspended. If you’re from a POST state and can direct me to the relevant portions of your laws that deal with that I’d be grateful. It will save me a bunch of time.

I fear you may find that not many folks will want to take the time to research and provide a list of relevant statutes for their state, especially since in many cases there is not a single statute, but several, which often cite to various administrative rules and codes. Most cops don't memorize the statutory cites for certification laws and these aren't usually criminal law statutes. If you were looking at moving to a specific state and wanted to know about that state, then someone would probably help, but for general research, you will probably need to do your own homework.

A google search for (state) and POST or (state) and peace officer certification will probably get you to the relevant state agency and in turn that site will likely cite the appropriate statutes. For example, I just typed in Arizona POST and the first hit was the Arizona POST website containing FAQS and links to rules and statutes.

[jnc36rcpd]

For Maryland, start with MDLE.net.

[Lon]

For Maryland, start with MDLE.net.

That’s kind of what I was looking for. Thank you.

[jlw]

gapost.org

If an officer is fired, resigned in lieu of termination, resigned while under investigation, or is suspended for more than 30 days, agencies must report it to POST which then begins an investigation. POST only has authority over an officer's certification. It has no other disciplinary powers, but, hopefully obviously, if an officer's certification is suspended or revoked, the officer can't work in a LE capacity. Being arrested also triggers an investigation. Officers are required to self-report if they get arrested. Failure to do so has repercussions.

Also, GA has annual training requirements. When training is completed, it is entered into the "data gateway". Any officer who has not met their annual training requirements is automatically suspended at 0001 on 1/1.

Other than those who have seats on the POST Council via specified positions, such as being president of the Sheriffs' Association, the governor appoints the members of the POST Council. They have a disciplinary committee that hears the cases.

POST encourages agencies to complete internal investigations even if the employee resigns.

I will admit that as a former agency exec, I sometimes gave personnel the option to resign free and clear immediately prior to beginning an internal; however, once I started the process. that option was no longer available. Resignations have no appeal.

[Le Français]

In Maine, the Maine Criminal Justice Academy is the certifying body for all state, county, and local LEOs. See the links below, and surrounding sections of the law, for details.

https://legislature.maine.gov/statutes/25/title25sec2803-A.html

https://legislature.maine.gov/statutes/25/title25sec2806-A.html

[Lon]

gapost.org



Awesome info. Thanks!!

[Chuck Whitlock]

For Texas:

https://www.tcole.texas.gov/

[idahojess]

Here is the general certification statute for Washington. The standards got much more heavy in the last two years.

https://app.leg.wa.gov/RCW/default.aspx?cite=43.101.095

https://app.leg.wa.gov/RCW/default.aspx?cite=43.101.105

There are a few statutes in the same chapter you can click through.

CJTC is the agency that administers:

https://cjtc.wa.gov/certification/certification-information

[Lon]

For Maryland, start with MDLE.net.


gapost.org

If an officer is fired, resigned in lieu of termination, resigned while under investigation, or is suspended for more than 30 days, agencies must report it to POST which then begins an investigation. POST only has authority over an officer's certification. It has no other disciplinary powers, but, hopefully obviously, if an officer's certification is suspended or revoked, the officer can't work in a LE capacity. Being arrested also triggers an investigation. Officers are required to self-report if they get arrested. Failure to do so has repercussions.

Also, GA has annual training requirements. When training is completed, it is entered into the "data gateway". Any officer who has not met their annual training requirements is automatically suspended at 0001 on 1/1.

Other than those who have seats on the POST Council via specified positions, such as being president of the Sheriffs' Association, the governor appoints the members of the POST Council. They have a disciplinary committee that hears the cases.

POST encourages agencies to complete internal investigations even if the employee resigns.

I will admit that as a former agency exec, I sometimes gave personnel the option to resign free and clear immediately prior to beginning an internal; however, once I started the process. that option was no longer available. Resignations have no appeal.


In Maine, the Maine Criminal Justice Academy is the certifying body for all state, county, and local LEOs. See the links below, and surrounding sections of the law, for details.

https://legislature.maine.gov/statutes/25/title25sec2803-A.html

https://legislature.maine.gov/statutes/25/title25sec2806-A.html


For Texas:

https://www.tcole.texas.gov/


Here is the general certification statute for Washington. The standards got much more heavy in the last two years.

https://app.leg.wa.gov/RCW/default.aspx?cite=43.101.095

https://app.leg.wa.gov/RCW/default.aspx?cite=43.101.105

There are a few statutes in the same chapter you can click through.

CJTC is the agency that administers:

https://cjtc.wa.gov/certification/certification-information

Thanks for all that info. Spent several hours last night looking through the info. What problems have you witnessed with the respective laws in your states? What parts work or what parts need fixed? Are you in favor or opposed to the process in your state?

Why am I interested? I think Ohio needs to go this route and I’m trying to set up a meeting with some lawmakers to talk about it. Although we aren’t POST, there are some requirements that prevent people from being cops who have certain convictions and the law requires the termination of cops for most of the same convictions if they happen after the cop starts working. But what is missed are the non-criminal issues like Giglio/Brady issues, excessive force that doesn’t lead to charges, etc. You can’t just go to one area in Ohio law to find this stuff. You’ve got to look at a million different places.

My biggest hurdle is gonna be the FOP. How does the process in your state work, in real life, to make sure cops have due process during these revocation hearings? I’m torn between thinking having the POST commission handle the appeals of these or having a court of law handle them. Thoughts?

[jlw]

Lon,
Who runs the academies in Ohio? How are the standards determined?

As for POST, I can't really point to "problems" per se. It's a bureaucracy, but one won't run afoul of it if one understands and follows the rules. I can't point to any cases in which they hammered anyone that didn't need hammering.

[Erick Gelhaus]

Start here:
https://post.ca.gov/public-complaints

Our standard is pretty new. No idea how it'll play out in practice.

[jandbj]

https://www.pstc.nh.gov/faq/index.htm#revoked

[Lon]

Lon,
Who runs the academies in Ohio? How are the standards determined?

As for POST, I can't really point to "problems" per se. It's a bureaucracy, but one won't run afoul of it if one understands and follows the rules. I can't point to any cases in which they hammered anyone that didn't need hammering.

There are over 60 approved academies in the state. The biggest 5 or 6 cities all run their own academies (most allow other jurisdictions to send people through as well), as does the State Patrol. In addition, many colleges, universities and County Career Centers also have approved academies. All of these academies are required to teach the curriculum developed by the Ohio Peace Officer Training Commission. They can add to it, but must teach the approved curriculum at a minimum. The State has Field Agents that visit the different academies and supervise certain aspects of the training (PT test is one). At the end of the Academy, the Field Agents inspect each form, test and sign in sheet to ensure everyone passed everything and attended 100% of the mandated hours (740) of training. The Commission (10 members chosen by statute) sets the standards, incorporating training topics they feel are needed or that are mandated by legislation from the state. The Commission and the Ohio Peace Officer Training Academy fall under the Attorney General’s Office.

Other than the entrance PT test, if you can buy a firearm legally, you can pretty much get into an academy. We have open enrollment academies (usually the college/university and career center ones) so you don’t have to be sponsored to get in anymore.

[Le Français]

What problems have you witnessed with the respective laws in your states? What parts work or what parts need fixed? Are you in favor or opposed to the process in your state?

I left local LE some years ago, and I never saw under the hood of the decertification process, although I knew of cases in which it happened (usually due to criminal convictions, and sometimes credibility issues). I will send you a PM.

[UNM1136]

Start here:
https://post.ca.gov/public-complaints

Our standard is pretty new. No idea how it'll play out in practice.

An important issue. When I was investigated due to a complaint filed during a UOF lawsuit I learned that out Cabinet level POST agency can review an incident and retroactively suspend certification/licensure. So a complaint could be investigated, you could recieve a retroactive 30/60/90/365 day suspension of certification but it was a paper suspension, you would be notified of the complaint and investigation, but at its conclusion you could have been deemed to have served a suspension, but you would not have missed a day of work. Really, really wierd, but a fact.

Otherwise, I believe the New Mexico Administative Code is what you want. Google NMAC and Peace Officers.

pat

[Jason M]

In PA, The Municipal Police Officers Education and training Commission holds those records and sets those standards.

https://mpoetc.psp.pa.gov/Pages/Act-57.aspx