(a) Proof
of Eligibility (POE) and Basic Certificates
Proofs of Eligibility are only valid for the appointing
agency.
(1) Proof of Eligibility is
required for:
(A) Specified Peace Officers
Any specified peace officer described in Penal Code Section
830.1,
830.2, with the exception of those
described in (d) of that Section, 830.3, 830.32, or 830.33, or any other peace
officer employed by an agency that participates in the Peace Officer Standards
and Training (POST) program.
1. Any
peace officer described in (A) above who does not possess a Basic Certificate
and who is not yet or will not be eligible for a Basic Certificate, regardless
of participation in the POST program, are required to obtain a POE.
2. All levels of reserve peace officers who
are appointed to a POST participating agency and who do not already possess a
Basic Certificate are required to obtain a POE.
3. Any peace officer, including reserves with
POST participating agencies, who is a lateral to a new agency and does not
already possess a Basic Certificate, will be required to obtain a new
POE.
4. Any peace officer,
including reserves with POST participating agencies, may hold more than one POE
at a time if they are simultaneously appointed to multiple agencies.
(2) Proof of
Eligibility Award Requirements
A Proof of Eligibility shall be issued by POST to those
who:
(A) Satisfy the requirements
specified in subsection
1202(b)(1).
(B) Have a POST approved appointment as a
peace officer submitted by the individual designated by the agency's department
head or other authorized hiring authority via the Electronic Data Interchange
(EDI).
(3) Denial of
Notice of Appointment
(A) Applications may be
temporarily denied for the following reasons:
1. Incomplete information and/or unsigned
Attestation of Peace Officer Eligibility, as specified in Commission Regulation
1003(a)(1)(A)1.a.,
2. Incomplete
background information, or
3. Not a
qualifying employment classification.
(B) Disqualifying events, outlined in
Government Code Section
1029,
discovered during an audit will result in the cancellation of an appointment
and POE pursuant to Commission Regulation 1203.
(C) If a POE is denied, the commission shall
provide notice to the applying agency of the grounds for which the certificate
was denied and shall include:
1. A statement
that the certificate was denied.
2.
A statement of facts upon which the certificate was denied.
3. A statement of eligibility to reapply for
a POE.
4. A statement of a right to
appeal the denial on the grounds of mistake of fact, mistake of law, or
equivalence to the minimum requirements.
(4) The POE shall expire upon issuance of a
Basic Certificate or upon separation from the employing agency, if a peace
officer does not possess a Basic Certificate.
(5) POST Basic Certificate
The Basic Certificate is required for:
(A) Specified Peace Officers
Pursuant to Penal Code Section
832.4(b),
every peace officer listed in Penal Code Section
830.1(a)
[except a sheriff, an elected marshal, or a custodial deputy appointed pursuant
to Penal Code 830.1(c)] shall obtain the POST Basic Certificate in order to
continue to exercise peace officer powers. Penal Code Section
832.4 requires
possession upon completion of probation, but in no case later than 24 months
after appointment. However, if the agency's probation period is 24 months, an
additional three months is authorized.
(B) Police Chiefs/Persons in Charge
Pursuant to Penal Code Section
832.4(c),
as a condition of continued employment, each police chief, or any other person
in charge of a local law enforcement agency, who is appointed on or after
January 1, 1999, shall possess the POST Basic Certificate within two years of
appointment. Those who do not already possess a valid POST Basic Certificate,
shall be issued a POE until such time as they earn a valid Basic
Certificate.
(C) Peace
Officers Employed by a Participating Agency
Every peace officer appointed by an agency participating in
the POST program shall possess the appropriate Basic Certificate within the
time limits described in subsection
1202(a)(5)(A)
unless an exception in subsection
1202(a)(5)(D)
pertains to the officer.
(D) Exception to the Basic Certificate
Requirement
There are three exceptions to the Basic Certificate
requirements specified in subsection
1202(a)(5)(A)-(C):
1. Peace officers appointed prior to the
employing agency's entry date into the POST program and who are not required to
possess a POST Basic Certificate pursuant to the requirements of Penal Code
Section
832.4,
and
2. Custodial peace officers
appointed pursuant to Penal Code Section
830.1(c),
and
3. Peace officers first
appointed prior to January 1, 1974, and who have not changed agencies since
that date and who are not included in exceptions subsection
1202(a)(5)(D)1.
or 2.
(6)
Basic Certificate Award Requirements
Applicants for the award of a Basic Certificate shall:
(A) Satisfy requirements specified in
subsection
1202(b)(1).
(B) Possess a valid POE.
(C) Complete the current employing agency's
probationary period of not less than 12 months.
(D) Be currently employed as a full-time
peace officer appointed to an eligible POST participating agency.
(7) Denial of Basic Certificate
(A) Incomplete applications may be
temporarily denied for the following reasons:
1. Probationary period not
satisfied.
2. Not an eligible
full-time peace officer.
3.
Applicant missing required training.
(B) Persons appointed as a peace officer
after January 1, 2022, who are not in possession of a valid POE at the time of
application for a Basic Certificate shall be denied.
(C) Applications for Basic Certificate shall
be denied due to ineligibility for the following reasons:
1. If the applicant is or has become
ineligible to hold office as a peace officer pursuant to Government Code
Section
1029.
2. If the applicant has been terminated for
cause from employment as a peace officer for, or has, while employed as a peace
officer, otherwise engaged in, any serious misconduct as defined in Commission
Regulation 1205.
(D) If
a Basic Certificate is denied, the commission shall provide notice to the
applying agency of the grounds for which the certificate was denied and shall
include:
1. A statement that the certificate
was denied.
2. A statement of facts
upon which the certificate was denied.
3. A statement of eligibility to reapply for
a Basic Certificate.
4. A statement
of a right to appeal the denial on the grounds of mistake of fact, mistake of
law, or equivalence to the minimum requirements.
(b) Professional
Certificates -- Peace Officers
(1)
Certificate Award Requirements
(A) When
applying for any level of a professional certificate, an applicant shall have
satisfied the basic course training requirement, as specified in Commission
Regulation 1005, for the applicant's current appointment:
1. Regular Basic Course (RBC),
2. Specialized Investigator's Basic Course
(SIBC),
3. Penal Code Section
832 Course and
the Coroner's Death Investigation Course, or
4. Minimum training standards for reserve
officers as specified in Commission Regulation 1007.
(B) Applicants for professional certificates
must be appointed as a full-time peace officer to an eligible POST
participating agency and possess a valid Basic Certificate.
1. Applicants for a Reserve Peace Officer
certificate do not need to be appointed as a full-time peace officer.
2. When a POST Basic Certificate is required
to continue to exercise peace officer powers pursuant to Penal Code Section
832.4,
employment with a POST participating agency is not required at the time of
application.
(C)
Applicants must meet certificate specific eligibility criteria listed below in
subsections
1202(b)(5)-(10).
(D) Applications for Professional
Certificates shall be denied due to ineligibility for the following reasons:
1. If the applicant is or has become
ineligible to hold office as a peace officer pursuant to Government Code
Section
1029.
2. If the commission determines the
applicant, while employed as a peace officer, engaged in serious misconduct, as
defined in Commission Regulation 1205.
(2) POST professional certificates are
awarded to peace officers who achieve increasingly higher levels of education,
training, and experience in their pursuit of professional excellence.
(A) The Commission-awarded certificate is a
"professional certificate" pursuant to Penal Code section
13510.1 and is
distinct from a "certificate of completion" which is awarded by a training
presenter when an individual successfully completes a course.
(B) Attainment of Intermediate, Advanced,
Supervisory, Management, and Executive certificates are voluntary.
(3) Certificate Categories and
Levels
Professional certificates for full-time peace officers are
awarded by category and level.
(A)
Categories
There are three categories of certificates based on the basic
training standard completed by the individual:
1. General Certificates
2. Specialized Certificates
3. Coroner's Certificates
(B) Requalification Requirement
1. Applicants for general or specialized
category certificates must possess basic training that has not expired as
specified in Commission Regulation 1008(b), Basic Course Requalification
Requirement.
2. Applicants for
coroner's category certificates must possess Penal Code Section
832 Arrest and
Firearms training that has not expired, as specified in Commission Regulation
1080 and, Penal Code Section
832 Arrest and
Firearms Course Requalification.
(C) Levels
There are five certificate levels in each category
(above):
1. Intermediate
Certificate
2. Advanced
Certificate
3. Supervisory
Certificate
4. Management
Certificate
5. Executive
Certificate
(D) Reserve
Peace Officer Certificates
Requirements for the Reserve Peace Officer Certificate are
specified in subsection (b)(10).
(4) Certificate Terminology and Policy
(A) College Degree or College Unit Criteria
Accreditation shall be by a national or regional accrediting
body that is recognized by the Secretary of the United States Department of
Education. For the award of a certificate, all degrees or units:
1. Shall be issued by and recorded on the
transcript of an accredited community college, college, or university;
or
2. When issued by a
non-accredited community college, college, or university, the degree or units
shall have been accepted and recorded on the transcript of an accredited
community college, college, or university.
(B) Education Units
1. One college semester unit equals one
education unit, or
2. One college
quarter unit equals two-thirds of an education unit.
(C) Training Points
1. Twenty hours of law enforcement training
are equal to one training point. Only completed courses with verifiable hours
are accepted. Training point credit shall not be given for partial completion
of a course or when the course was failed.
2. When the training is not POST-certified,
the commission shall have discretion to determine acceptable law enforcement
training, pursuant to the following criteria:
a. When requesting training points for
courses that are not POST-certified, applicants must provide documentation to
support completion of training such as a copy of the course roster or a copy of
the course completion certificate.
b. Training must be verified with a course
roster or a certificate of course completion that includes the date of
completion and number of hours completed.
c. Military courses must identify the topics
related to law enforcement such as: searching and handcuffing, arrest
procedures, basic patrol, calls for service, report writing, transporting and
securing prisoners, building searches, area searches, property and evidence
control, traffic collision investigation, crime scene processing, etc. Military
training shall be evaluated by POST for relevance to law enforcement as
specified above.
d. Out of state
police training
1) For the FBI National
Academy, full credit shall be given for hours in training, or units, if a
transcript is submitted.
2) For out
of state police academy basic courses, full credit shall be given for topic
hours that meet the minimum topic requirements for the POST Regular Basic
Course (RBC) if a transcript of the course is furnished. If a POST-certified
basic course is completed, in addition to an out of state police academy, full
hourly credit for training points for the POST-certified basic course may be
granted as applicable consistent with 1011(a)(3)(D).
e. No training points are awarded for
on-the-job training programs such as the Field Training Program.
f. No training points are awarded for
firearms qualification.
(D) Education Unit Conversions
When education units exceed the number needed to qualify for
a certificate, the excess education units may be converted to training points
to meet training point requirements.
1. One education unit shall equal one
training point.
2. POST will make
the conversion when it is to the advantage of the applicant.
3. The RBC can only be used to satisfy either
the training points or the education units requirement. It cannot be used to
satisfy both.
(E) Law
Enforcement Experience
Law enforcement experience described in subsection
1202(b)(4)(E)1.
below is accepted if recorded on the POST profile.
1. POST may accept the experience described
in subsections
1202(b)(4)(E)2.-4.
when the law enforcement experience:
a. Is
documented on the employing agency's letterhead, signed by the agency
head,
b. Includes an attestation
that the applicable requirements stated in experience categories subsection
1202(b)(4)(E)2.-4.
have been met, and
c. Includes the
type of appointment, time base, dates of service, and types of duties
performed.
2. Full-time
peace officer experience with a California POST participating agency.
3. Pursuant to Penal Code Section
830.75, persons
designated as a Level I Reserve Officer by a POST participating agency but
regularly employed by an institution of higher education are not considered to
be full-time peace officers regardless of their status as a full-time or
part-time employee.
4. Full-time
peace officer experience with a California non-POST participating law
enforcement agency, and during the time of the appointment, the law required
completion of the RBC or SIBC for the position held.
5. Full-time peace officer experience with an
out-of-state law enforcement department that participates in its state's "POST
type" program, and the "POST-type" program awarded the individual a Basic
Certificate or license. The maximum credit allowed for this experience category
is five years. "POST-type" means any department/agency that is a member of the
International Association of Directors of Law Enforcement Standards and
Training.
6. Full-time experience
with a federal law enforcement agency if the individual satisfactorily
completed a basic law enforcement academy presented by the Federal Law
Enforcement Training Center or the Federal Bureau of Investigation academy. The
maximum credit allowed for this experience category is five years.
(F) Peace officers who qualify may
be awarded a certificate in more than one category and at the same
level.
(G) Application Requirements
1. Application Requirements -- An applicant
shall submit the following information for a completed Certificate Application
via the Electronic Data Interchange (EDI):
a.
Log into the POST PASS Account.
b.
Enter POST ID or Social Security Number.
c. When applying, select the appropriate
Certificate to start the application process.
d. Select the Submit button.
2. An applicant or an applicant's
employing agency shall submit a completed Certificate Application, via EDI,
along with supporting documents as follows:
a. Documentation that supports the required
education and experience (i.e., official transcripts, diplomas, certificates of
course completion, and proof of law enforcement experience). Unofficial
transcripts, grade reports, grade cards, and CEUs will not be accepted.
1) The educational institution listed must
have been accredited by the department of education of the state in which the
community college, college, or university is located, or
2) By a national or regional accrediting body
recognized by the Secretary of the United States Department of Education while
the individual was in attendance.
b. When the units of credit are transferred
from one educational institution to another, supporting documentation from all
educational institutions is required.
1)
Military credits listed as transfer credits are accepted if they are presented
on an official transcript from an accredited college.
2) Sailor and Marine Corps American Council
on Education Registry Transcripts (SMART) are not accepted, because they serve
as a guide for academic institutions but are not accredited bodies and cannot
award credit.
3) Continuing
Education Units (CEU) are awarded for academic study related to maintaining a
professional license and do not represent academic credit, therefore that is
not considered acceptable education.
c. Supporting documents are not required if
the education and/or experience information needed to support the current
certificate request is already reflected on the applicant's POST profile. Any
education or experience that is not reflected on the POST profile must be
supported as described in subsection
1202(b)(4)(G)1.
and/or 2.
(5) Applicants for Intermediate Certificate
Award shall:
(A) Satisfy the requirements
specified in subsection
1202(b)(1),
(B) Possess a Basic Certificate,
and
(C) Satisfy one of the
following eligibility combinations:
|
Degree or Education Units
|
|
Law Enforcement
Experience
|
|
Training Points
|
| Bachelor's degree |
and
|
2 years |
plus
|
0 |
| Associate Degree |
and
|
4 years |
plus
|
0 |
| 45 Education Units |
and
|
4 years |
plus
|
45 |
| 30 Education Units |
and
|
6 years |
plus
|
30 |
| 15 Education Units |
and
|
8 years |
plus
|
15 |
| *Excess education units may be applied
towards training points on a unit for point basis per subsection
1202(b)(4)(D). |
(6) Applicants for Advanced Certificate Award
shall:
(A) Satisfy the requirements specified
in subsection
1202(b)(1),
(B) Possess the Intermediate Certificate,
and
(C) Satisfy one of the
following eligibility combinations:
|
Degree or Education Units
*
|
|
Law Enforcement
Experience
|
|
Training Points
|
| Master's degree |
and
|
4 years |
plus
|
0 |
| Bachelor's degree |
and
|
6 years |
plus
|
0 |
| Associate Degree |
and
|
9 years |
plus
|
0 |
| 45 Education Units |
and
|
9 years |
plus
|
45 |
| 30 Education Units |
and
|
12 years |
plus
|
30 |
|
* Excess education units may be
applied towards training points on a unit for point basis per subsection
1202(b)(4)(D). |
(7) Applicants for Supervisory Certificate
Award shall:
(A) Satisfy the requirements
specified in subsection
1202(b)(1),
(B) Possess or be eligible to possess an
Intermediate Certificate,
(C)
Complete a minimum of 60 semester units from an accredited college or
university or possess an accredited degree (i.e., AA, BA, MA, etc.),
(D) Successfully complete the POST
Supervisory Course, and
(E) Possess
a minimum of two years of law enforcement experience as a permanent first level
supervisor or higher.
(8) Applicants for Management Certificate
Award shall:
(A) Satisfy the requirements
specified in subsection
1202(b)(1),
(B) Possess or be eligible to possess an
Advanced Certificate,
(C) Complete
a minimum of 60 semester units from an accredited college or university or
possess an accredited degree (i.e., AA, BA, MA, etc.),
(D) Successfully complete the POST Management
Course, and
(E) Possess a minimum
of two years of law enforcement experience as a permanent middle manager or
higher.
1. To be awarded both the Supervisory
and Management Certificates, possess two years of law enforcement experience as
a permanent first level supervisor or higher, plus two years of law enforcement
experience as a permanent middle manager or higher.
(9) Applicants for Executive
Certificate Award shall:
(A) Satisfy the
requirements specified in subsection
1202(b)(1),
(B) Possess or be eligible to possess an
Advanced Certificate,
(C) Complete
a minimum of 60 semester units from an accredited college or university or
possess an accredited degree (i.e., AA, BA, MA, etc.),
(D) Successfully complete the POST Executive
Development Course, and
(E) Possess
a minimum of two years of law enforcement experience as a permanent agency head
with the current employing agency.
1. To be
awarded three certificates, Supervisory, Management, and Executive, or any
combination of two, possess a minimum of two years of experience at the levels
stated in subsections
1202(b)(7)(E),
1202(b)(8)(E),
and
1202(b)(9)(E)
respectively, as appropriate for the award.
(10) Reserve Peace Officer Certificate
Requirements
(A) Requirements
Applicants for the award of a Reserve Peace Officer
Certificate shall:
1. Be currently
employed as a (designated or non-designated) Level I Reserve Officer with an
agency participating in the POST program,
2. Have been selected in accordance with the
minimum selection standards specified in Commission regulations for reserve
officers,
3. Have completed a
POST-certified RBC in any delivery format,
4. Have satisfactorily completed a minimum of
200 hours of general law enforcement experience,
5. If appointed on or after January 1, 1999,
but prior to June 30, 1999, shall have completed 200 hours of field training.
If appointed on or after July 1, 1999, shall have completed 400 hours of field
training, and
6. If appointed to a
POST participating agency on or after January 1, 2022, must possess a valid
POE.
(B) Application
Requirements
An applicant (or an applicant's employing agency) shall
submit a completed Certificate Application--Reserve Peace Officer via
EDI.
1. Application Requirements--An
applicant shall submit the following information for a completed Certificate
Application via the Electronic Data Interchange (EDI):
a. Log into the POST PASS Account.
b. Enter POST ID or Social Security
Number.
c. When applying, select
the appropriate Certificate to start the application process.
d. Upload appropriate documents referred to
in 1202(b)(4)(G)2.
e. Select the
Submit button.
(c) Certificate Cancellation
(1) Cancellation Reasons
POST shall cancel any certificate(s), including the Proof of
Eligibility and Basic Certificate, for the following reasons:
(A) The certificate was obtained through
misrepresentation, fraud, or
(B)
The certificate was issued as a result of administrative error on the part of
POST or the employing agency.
(2) Notification Requirement
Department personnel who possess information that a
certificate was obtained through misrepresentation, fraud, or administrative
error shall notify POST immediately.
(3) Investigation of Circumstances
The Executive Director may initiate an investigation of the
circumstances under which the certificate was issued. The Executive Director
has the authority to approve or deny certificate cancellation.
(4) Cancellation Appeal
An individual whose certificate has been cancelled may appeal
the cancellation to the Commission.
At the Commission's discretion, a hearing shall be held
either before the Commission or before a qualified hearing officer. The hearing
officer shall prepare a proposed decision in such form that it may be adopted
as the decision in the case. All hearings shall be conducted in conformance
with the Administrative Procedures Act (Government Code section 11400 et seq.).
At the conclusion of the appeal hearing, the Commission shall render a decision
to uphold or overturn the decision to cancel the certificate.
(5) Cancellation Recorded
When the decision to cancel is upheld through the appeal
process, the POST Profile record shall indicate the appropriate reason for the
cancellation.
(6) Return of
Certificate
Upon notification of cancellation, the individual to whom a
cancelled certificate was issued shall return the certificate to POST.
