Peace Officers Standards And Training Board Revoke Certification For Untruthful Statement

Peace officers - certification revocation - appropriation. The peace officers standards and training board (P.O.S.T. board), which certifies peace officers, is required to revoke the certification of a peace officer if:

• The P.O.S.T. board receives notification from a law enforcement agency that employs or employed the peace officer that the peace officer knowingly made an untruthful statement concerning a material fact or omitted a material fact on an official criminal justice record, while testifying under oath, or during an internal affairs investigation or comparable administrative investigation;
• The law enforcement agency certifies that it completed an administrative process, including any appeals process, defined by a published policy of the law enforcement agency and through that process, the law enforcement agency determined by a clear and convincing standard of the evidence that the officer knowingly made an untruthful statement concerning a material fact or knowingly omitted a material fact on an official criminal justice record, while testifying under oath, or during an internal affairs investigation or comparable administrative investigation; and
• The P.O.S.T. board notifies the officer that it has received the notification from the law enforcement agency and either the officer does not request a P.O.S.T. board hearing or the P.O.S.T. board has determined, after conducting a hearing requested by the officer, that the officer knowingly made the untruthful statement or omitted a material fact.

The law enforcement agency official submitting the notification to the P.O.S.T. board must attest, under penalty of perjury or revocation of the official's P.O.S.T. board certification, that the statements on the submitted notification form are true, correct, and complete.

A person whose P.O.S.T. certification is revoked may appeal the revocation in accordance with rules of the P.O.S.T. board and may seek judicial review pursuant to the "State Administrative Procedure Act".

The act appropriates $40,056 to the department of law from the P.O.S.T board cash fund and 0.6 FTE for peace officers standards and training board support.

(Note: This summary applies to this bill as enacted.)