California Code of Regulations › Title 11 - Law › Division 2 - Commission on Peace Officer Standards and Training › Article 1 - General › Section 1010 - Participation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) POST Program
				Participation
(1) Eligibility
To be eligible for participation in the POST Program, an agency
				  shall agree to comply with and continue to adhere to minimum selection and training
				  standards and all Commission regulations.
(2) Requests to Participate in POST Program
Participation in the POST Program is voluntary. An agency desiring
				  to participate in the POST Program shall present the Commission with a letter of
				  request to participate, and if eligible, a request to receive aid. If the agency
				  also desires its public safety dispatchers to participate in the Public Safety
				  Dispatcher Program, this shall also be included in the letter of request. The letter
				  shall be accompanied by a certified copy of an ordinance, or in instances where an
				  ordinance is not appropriate, a resolution or letter of intent adopted by the
				  governing body of the requesting agency. The document (e.g., ordinance) shall state
				  that while participating in the POST Program, the agency will adhere to minimum
				  selection and training standards and Commission regulations.
(3) Inspection of Records
Participation in the POST Program requires that the
				  agency/dispatch center allow the Commission to make inquiries and inspect records as
				  may be necessary to verify claims for reimbursement or to confirm whether the agency
				  or dispatch center is adhering to Commission regulations.
(4) Mergers Occurring After Initial Request to
				Participate
If a group of peace officers becomes a part of an agency via a
				  merger or through legislation (e.g., coroners merging with a sheriff's agency) and
				  this group of officers was not included in the initial request to participate, an
				  additional request and accompanying documents shall be required as described in
				  subsection 1010(a)(2).
(5)
				Initial Compliance
When an agency has notified the Commission of its intent to
				  participate, POST staff will work with the agency to ensure officers are compliant.
				  Incumbent officers' records are reviewed to determine compliance with minimum
				  selection and training standards specified in the Penal, Government, or Vehicle
				  Codes that were applicable at the time of each officer's appointment. Officers hired
				  on or after the date an agency enters the POST Program shall be required to meet
				  Commission regulations, which may be the same or higher standards than the standards
				  in the aforementioned codes.
(6)
				Proof of Eligibility Compliance
A participating agency shall require every peace officer,
				  appointed on or after January 1, 2023, who is not eligible for the POST Basic
				  Certificate, to apply for a POST Proof of Eligibility as specified in Commission
				  Regulation 1202.
(7) Basic
				Certificate Compliance
A participating agency shall require every peace officer,
				  appointed on or after the agency's entry into the POST Program, to acquire the POST
				  Basic Certificate as specified in Commission Regulation 1202(a)(5).
(8) Commission Confirmation
When the agency is in full compliance as described in subsection
				  1010(a)(5), participation of the agency will be confirmed by the Executive Director
				  and an effective date of entry established. Approval of an agency's participation in
				  the POST Reimbursable Program will also be confirmed.
(9) Non-compliance and Ineligibility to Receive
				Services and Benefits
(A) Failure to Adhere to
				Commission Regulations
If the Commission determines that an agency has failed to adhere
				  to Commission Regulations, including but not limited to the inspection of records,
				  the Commission shall notify the agency of its concern and of the agency's possible
				  removal from the program(s). The Commission shall request that the agency correct
				  the problems causing non-compliance with the Commission Regulations.
(B) Appeal Process
In the event that the agency disagrees with the Commission's
				  findings of non-compliance, the Commission shall afford the affected agency the
				  opportunity to appear before the Commission and present appropriate evidence or
				  testimony.
(C) Denial of
				Services/Benefits
If the Commission finds that the Commission Regulations have not
				  been adhered to, it shall, beginning with a date determined by the Commission,
				  reject all of the agency's requests for services and benefits (refer to Penal Code
				  Section
				  13523).
				  An agency may be reinstated in the program and again become eligible for services
				  and benefits, when the agency has demonstrated, to the satisfaction of the
				  Commission that it will adhere to the prescribed Commission Regulations. The period
				  during which the agency shall remain ineligible for services and benefits shall be
				  determined by the Commission.