13510.8.
(a) A certificate holder shall have their certificate revoked, and an applicant shall have their application for a certificate denied, upon a determination pursuant to subdivision (d) that the applicant or holder of a certificate has done any of the following:(1) The person is or has become ineligible to hold office as a peace officer pursuant to Section 1029 of the Government Code.
(2) The person has been terminated for cause from employment as a peace officer for any of the following reasons:
(A) The person knowingly obtained a false
confession.
(B) The person knowingly made a false arrest.
(C) The person knowingly created or used a falsified report of criminal activity, knowingly falsified evidence, or knowingly gave false testimony. engaged in dishonesty relating to the reporting, investigation, or prosecution of a crime, or directly relating to the reporting of, or investigation of misconduct by, a peace officer or custodial officer, including, but not limited perjury, false statements, filing false reports, destruction, falsifying, or concealing evidence.
(D) The person knowingly and under color of
authority intimidated or wrongfully compelled another person to do, or to abstain from doing, any act the person had a legal right to do or abstain from doing.
(E) The person used excessive force. force not authorized by Section 835a or in violation of any applicable law, statute, or regulation or policy of the employing law enforcement agency.
(F) The person participated in a criminal gang. street gang, as that term is defined in Section 186.22, or in any organization that actively
encourages violation of any law or policy of a law enforcement agency.
(G) The person abused their authority for personal gain, to gain advantage for a public or private agency, or to deprive another person of a legal right.
(H) The person sexually assaulted another person, as described in subdivision (b) of Section 832.7, or abused another person.
(I) The person intentionally tampered with data recorded by a body-worn camera to conceal misconduct.
(J) The person failed to intercede when present and observing
another officer using force that was clearly beyond that which is necessary, as determined by an objectively reasonable officer under the circumstances, taking into account the possibility that other officers may have had additional information regarding the threat posed by a subject.
(K) The person demonstrated bias on the basis of race, national origin, religion, gender identity or expression, housing status, sexual orientation, mental or physical disability, or other protected status in violation of law or department policy or inconsistent with a peace officer’s obligation to carry out their duties in a fair and unbiased manner.
(b) A certificate holder may have their certificate revoked, and an applicant may have their application for a certificate denied, upon a determination pursuant to subdivision (d) that the applicant for
or holder of a certificate has done any of the following:
(1) The person fails to demonstrate the qualifications or standards for a certificate provided in this chapter or in the rules and regulations established by the commission.
(2) The person, while employed as a peace officer and acting under color of law, engaged in any of the conduct set forth in paragraph (2) of subdivision (a), regardless of whether the person was terminated on those grounds by the employing agency.
(3)The person made any misleading, deceptive, untrue, or fraudulent representations in the course of their duties as an officer, including in any document, or engaged in fraud or deceit, or intentionally made any false statement in obtaining a certificate pursuant to this chapter.
(4)The person engaged in any unprofessional, unethical, deceptive, or deleterious conduct or practice harmful to the public, whether or not the conduct resulted in actual injury to any person. As used in this paragraph, “unprofessional conduct” includes any departure from, or failure to conform to, the minimal standards of
acceptable and prevailing practice of a peace officer.
(5)The person committed any act or omission that is indicative of bad moral character or untrustworthiness.
(3) The person, while employed as a peace officer, has had three or more complaints filed against them within a period of three years related to any conduct described in paragraph (2) of subdivision (a), provided the underlying complaint was not determined to be frivolous, or the person has had three civil judgments related to their duties as an officer within a period of three years, including if the person was indemnified by the employing agency.
(6)
(4) The person engaged in any other conduct that constitutes a departure from, or failure to conform to, the minimal standards of acceptable and prevailing practice of a peace officer, as set forth by the commission in regulations as grounds for denial or revocation of the certificate. The commission may, through regulation, define such additional grounds to include any unprofessional, unethical, deceptive, or deleterious conduct or practice harmful to the public or indicative of bad moral character, whether or not the conduct resulted in actual injury to any person.
(5) The person is unable to perform their duties with reasonable skill and safety to themselves and the public due to the use of alcohol, drugs, narcotics, chemicals, or any
other type of substance, or as a result of any mental condition, physical condition, or illness for which reasonable accommodations cannot be made.
(6) The person fails to cooperate with any investigation conducted pursuant to this section.
(c) (1) The commission shall promptly refer to the Civil Rights Enforcement Section of the Department of Justice for investigation, and that section of the Department of Justice shall investigate, any grounds for decertification
described in subdivision (a) or (b) received from an agency pursuant to subdivision (a) or (b). agency.
(2) In addition to the requirement to investigate specified in paragraph (1), the commission in its discretion may request investigation, and the Civil Rights Enforcement Section in its discretion may investigate without the commission’s request, any potential grounds for revocation of certification of an officer.
(3) Any investigation initiated pursuant to this section and any subsequent action taken shall be conducted in accordance with the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(4) The Notwithstanding any other law, the investigation shall be completed within one year three years after the receipt of the completed report of the disciplinary or internal affairs investigation from the employing agency pursuant to Section 13510.9, or within two years of the conduct constituting the grounds for decertification
however, no time limit shall apply if a report of the conduct was not made to the commission. An investigation shall be considered completed upon a notice of intent to sanction deny or revoke certification issued pursuant to subdivision (e). These time limits The time limit shall be tolled during the appeal of a termination or other disciplinary action through an administrative or judicial proceeding or during any criminal prosecution of the officer. This paragraph does not prohibit the department or commission from considering the officer’s prior conduct
The commission shall consider any history of misconduct, including any incidents occurring beyond the time limitation for investigation in evaluating whether to revoke certification for the incident under investigation.
(5) An action by an agency or decision resulting from an appeal of an agency’s action does not preclude action by the commission or the Civil Rights Enforcement Section of the Department of Justice to investigate, suspend, or revoke an officer’s certification pursuant to this section.
(6) The department may adopt regulations to govern investigations pursuant to this section.
(d) (1) If the Civil Rights Enforcement Section of the Department of Justice
finds that an applicant for a certificate should be denied certification pursuant to grounds set forth in subdivision (a) or (b), the section shall notify the commission of its findings and the ground for denial. The commission shall promptly notify the applicant of the proposed denial and the opportunity for appeal pursuant to subdivision (e).
(2) If the Civil Rights Enforcement Section finds that a certificate holder’s certificate should be revoked pursuant to the grounds set forth in subdivisions (a) or (b), it shall notify the commission of its findings and the grounds for revocation. The commission shall promptly notify the certificate holder of the proposed revocation and the opportunity for appeal pursuant to subdivision (e).
(e) (1) If the certificate
holder or applicant subject to proposed revocation or denial under subdivision (d) provides notice to the commission within 14 days of their intent to contest the revocation or denial, the commission shall notify the Civil Rights Enforcement Section, which shall file a petition with the Office of Administrative Hearings. If the certificate holder or applicant does not provide notice within 14 days, the commission shall revoke or deny the certificate.
(2) A certificate holder or applicant shall be entitled to a hearing before an administrative law judge before revocation of the certificate. The hearing shall be conducted pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), and is subject to any appeal process contained in the act. The Civil
Rights Enforcement Section is authorized to procure the testimony of expert witnesses necessary to establish its case or rebut the defense. These hearings, and the documents and evidence considered therein, shall be open to the public.
(3) If the administrative law judge finds upon preponderance of the evidence that revocation or denial is justified by law and the commission’s regulations, the commission shall revoke or deny the certificate.
(f) Upon arrest or indictment of an officer for any crime described in Section 1029 of the Government Code, or discharge from any law enforcement agency for grounds set forth in subdivision (a), the executive director shall order the immediate suspension of any certificate held by that officer upon the determination by the executive director
that the suspension is in the best interest of the health, safety, or welfare of the public. The order of suspension shall be made in writing and shall specify the basis for the executive director’s determination. Following the issuance of a suspension order, proceedings of the commission in the exercise of its authority to discipline any officer shall be promptly scheduled as provided for in this section. The suspension shall continue in effect until issuance of the final decision on revocation pursuant to this section or until the order is withdrawn by the executive director.
(g) (1) The commission shall notify the head of the agency that employs the officer of all of the following:
(A) The initiation of any investigation by the Civil Rights Enforcement
Section.
(B) A finding by the Civil Rights Enforcement Section, following an investigation, that the officer’s certification should or should not be revoked or that the applicant’s application should or should not be denied.
(C) A request by the officer to contest a finding that their certification should be revoked or denied.
(D) A final adjudication by an administrative law judge of whether an officer’s certification should be revoked or denied.
(2) Each notification shall include the name of the person, the basis for notification specified in paragraph (1), and any finding by the Civil Rights Enforcement Section or by an administrative law judge as to
whether certification should be revoked or denied.
(h) If the certificate of an officer is suspended or revoked or if an applicant is denied the basic certificate, then the commission shall notify the head of the agency that employs that person and the district attorney of the county in which the agency is located of the revocation or suspension and the basis therefore.
(i) If the certification of an officer is revoked, all records related to the revocation shall be available to the public. The commission shall publish the names of any peace officer whose certification is suspended or revoked and the basis for the suspension or revocation and shall notify the National Decertification Index.
(j) Records of an investigation of
any person by the commission shall be retained for 30 years following the date that the investigation is deemed concluded by the commission. The commission may destroy records prior to the expiration of the 30-year retention period if the subject is deceased and no action upon the complaint was taken by the commission beyond the commission’s initial intake of such complaint.
(k) Any peace officer may voluntarily surrender their certification. Voluntary surrender pursuant to this subdivision shall have the same effect as revocation.