(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.
(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.
EXCEPTION: 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.
(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
1201.
(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).
(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) 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.
b. When the
units of credit are transferred from one educational institution to another,
supporting documentation from all educational institutions is required.
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 a professional certificate(s) 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.
