LAPD officers form a line in riot gear during a Black Lives Matter protest in Los Angeles following the 2020 Minneapolis police murder of George Floyd. A landmark California law to decertify officers who commit serious misconduct reached a milestone this week. But there's still a long way to go. (Gabriella Angotti-Jones/Los Angeles Times via Getty Images)
A Contra Costa County Sheriff’s deputy fatally shot a mentally ill man fleeing from a traffic stop in 2018. The deputy received no discipline — although years later he was convicted of assault and sentenced to prison for the shooting. A Fairfield police officer made a racist joke about “COVID-19 from China” and posted it to TikTok. That officer was suspended for a day.
Starting Jan. 1, 2023, cases like these might get kicked up to a state agency — the Commission on Peace Officer Standards and Training (POST) — for a level of review completely new to California: Was the officer’s misconduct egregious enough to take away their badge for good?
California’s landmark police decertification law might wind up undermined by this flawed and fractured system — but it could also provide fresh opportunity for oversight.
“I think we’re going to see a whole lot of unintended consequences of SB 2,” POST Vice Chair Rick Braziel said Wednesday. “We’re going to identify agencies who aren’t doing their IA [internal affairs] cases correctly. … When we start lifting up rocks and looking underneath, we’re going to see a whole lot of things that are just messed up.”
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Since the bill passed last year, POST has been trying to navigate the high expectations of those who hope decertification will address gaps in police accountability, and concerns from law enforcement leaders that it will usurp their authority to discipline employee officers.
“There’s a lot of misinformation out there,” said Jackie Nelson, the POST bureau chief in charge of implementing SB 2, in an interview. “Agencies think we’re going to become the internal affairs for the state, and that’s not the case.”
Redlands Police Chief Chris Catren, who’s serving as president of the California Police Chiefs Association, said he’s concerned the law is too broad and “could apply to officers that have done what would otherwise be seen as minor misconduct, and then potentially put them in the crosshairs for decertification.”
With these kinds of concerns in mind, POST has been refining the definition of “serious misconduct” for months, arguing over terms like “fitness,” “substantive” and “willful” in workshops and during long meetings.
“Serious Misconduct is an act or acts, or an omission or omissions, demonstrating a lack of fitness to serve as a peace officer in the State of California” is the catchall definition created and approved by the commission on Wednesday.
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The commission also expanded and refined definitions for the nine aspects of serious misconduct outlined in the law: dishonesty, abuse of power, physical abuse, sexual assault, demonstrating bias, acts that violate the law and are sufficiently egregious, participation in a law enforcement gang, failure to cooperate with an investigation, and failure to intercede if another officer uses unnecessary force.
The public will be able to comment on these definitions next week, Nelson said.
On Wednesday, POST Executive Director Manny Alvarez said the agency is working hard to meet its January deadline for implementation. Its expanded $22.6 million budget was recently approved by Gov. Gavin Newsom. In July, the agency will ramp up hiring for 127 positions, nearly doubling the size of the agency.
In light of the labor shortage and the tight timeline, Alvarez called this a “significant challenge.”
The commission also approved regulations Wednesday that outline a framework for reporting and reviewing allegations of serious misconduct.
All roads to officer decertification begin with a complaint or an allegation of misconduct.
This flowchart of the paths to decertification — when an officer is stripped of their badge for good — is based on the requirements of SB 2 and the new regulations, and does not include all possible routes to decertification. (Anna Vignet/KQED)
In a TikTok video recorded early in the pandemic, Fairfield police officer Amanda Graham is sitting in the driver’s seat of a city police cruiser. A white surgical face mask hangs from the rearview mirror.
“I like your air freshener, what scent is that?” a trainee officer who is behind the camera asks Graham.
“Oh, you like this?” Graham responds, leaning over and taking a deep whiff of the face mask. “COVID-19 from China,” she says, putting on an accent with the last word.
On April 20, 2020, at least two residents saw the post and emailed the police department. KQED recently obtained these emails and the TikTok video from Fairfield under the expanded police transparency law that passed last year.
“Dear Chief, I hope you are as offended by the behavior of your officers as I am,” one of them reads. “The COVID-19 pandemic is not a joke and many people are impacted.”
In a TikTok video that Fairfield police officer Amanda Graham was disciplined for, she makes a racist joke about ‘COVID-19 from China.’ (Fairfield Police Department)
Initially, Graham’s supervisor planned to handle it with a written reprimand. But when the department realized that Graham had posted other videos on the site, it began a fuller investigation.
Once a police department like Fairfield’s receives a complaint like the email about Officer Graham, it will have to determine whether what the complaint is alleging is “serious misconduct.”
The TikTok video might qualify under biased conduct, but the agency would also weigh whether Graham’s conduct was “inconsistent with a peace officer’s obligations to carry out their duties in a fair and unbiased manner.”
While there are other ways cases can get to POST — civil lawsuits, complaints filed directly to POST, or media coverage — Nelson said that “a lot of it will be the agencies’ … I don’t want to say discretion … their interpretation if it meets the definition.”
Some law enforcement departments in California might ignore a complaint like this entirely. A recent report from the state auditor pointed out how departments prematurely dismiss complaints, and rely on the explanations of officers rather than other evidence when they’re looking into potentially biased conduct.
Fairfield Police Captain Daniel Marshall told KQED in an email that the department couldn’t comment on whether a case like Graham’s would be reportable under SB 2 since the law is still being implemented.
Marshall wrote that his department takes biased misconduct seriously, even if it’s done as a joke. The police chief suspended Graham for one day, took away her training privileges for about seven weeks, and ordered her to attend training.
“We have shared the information with some leaders of Fairfield’s communities of color and held tough conversations about the damage this sort of behavior can cause,” Marshall wrote, adding that Graham also understood “how this kind of behavior can affect community trust.”
Graham did not respond to an email requesting comment.
Exonerated by a sheriff — convicted by a jury
If Graham’s conduct is near one end of the spectrum of police misconduct, the actions of Contra Costa County Deputy Andrew Hall, who fatally shot a mentally ill man named Laudemer Arboleda, falls near the other.
In late 2018, Arboleda led law enforcement on a low-speed car chase for about eight minutes after an attempted traffic stop. Hall tried to block Arboleda’s car with his own. He jumped out of his police car and into the path of Arboleda’s vehicle as the man tried to maneuver through the blockade. Hall fired multiple rounds through Arboleda’s windshield and window, killing him.
But the internal investigation begun in 2018 by the Contra Costa County Sheriff’s department exonerated Hall. The deputy kept working for the sheriff for two more years, and went on to fatally shoot Tyrell Wilson, an unhoused Black man whose family says suffered from schizophrenia, in 2021. It was shortly after that second shooting that the district attorney pressed charges.
Because Hall was convicted of a violent felony, under the new rules of SB 2 he would be eligible for decertification on Jan. 1, 2023. But, if he had not been criminally prosecuted, the sheriff would not have reported a case like this to POST because he didn’t think Hall was guilty of misconduct.
“I was proud to support him publicly and privately after the events of November 3, 2018, and I support him today,” Sheriff David Livingston wrote the day Hall was sentenced in a letter to his staff first reported on by KTVU.
In theory, this is not supposed to happen. The standard of evidence for an internal investigation — a “preponderance” of the evidence — is much lower than a criminal conviction — “beyond a reasonable doubt.” For decertification, the evidence of serious misconduct must be “clear and convincing,” which falls somewhere in between.
“I wasn’t on the jury. I didn’t hear all the evidence,” Catren, the California Police Chiefs Association president, said. “But those kinds of cases are naturally going to cause people concern in the community, because they’re saying, well, you know, the question always is right: ‘Who’s policing the police?'”
Catren said in certain cases it’s also important to give officers the chance to learn from their mistakes.
“Some things are painfully obvious, you know. Somebody goes in and intentionally lies in court, or they plant evidence, or there’s hard, clear evidence of biased policing,” Catren said. “But others aren’t going to be. So, things like a DUI, some departments might determine that that’s egregious enough, others may not.”
Nelson, the POST bureau chief, said it’s not POST’s job to weigh in and say whether the discipline an officer received was insufficient or unfair. If cases like Graham’s or Hall’s do get reported to POST, after the agency completes its internal investigation, POST will decide to either move forward with decertification or not. In certain cases, POST may decide to do its own investigation.
“We’re taking the first bite out of this big monster, and we’re going to find a whole lot more work as we continue in this process,” Braziel, the POST vice chair, said Wednesday.
Nelson said in an interview her team can’t be sure how many complaints will be reported to their new decertification division each year, but she has a rough estimate based on the number of complaints reported to the Department of Justice.
“They get approximately 16,000 annually,” she said. “We looked at those — we felt about 3,400 would equate to what we think is serious misconduct or for potentially decertifying information.”
Nelson also said that later this year her team will be traveling to law enforcement agencies across the state to hold workshops and get everyone up to speed.
“We call it the road show,” she said. Nelson won’t just be training departments on decertification, but also on certification — how officers can get licensed in the state and what might disqualify them from a career in policing.
“So it spans the life cycle of an officer’s career from beginning to end,” she said. “It’s huge.”
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officers form a line in riot gear during a Black Lives Matter protest in Los Angeles following the 2020 Minneapolis police murder of George Floyd. A landmark California law to decertify officers who commit serious misconduct reached a milestone this week. But there's still a long way to go.","description":null,"title":"547863_LA-ME-BLM-PROTEST-DTLA_GAJ","credit":"Gabriella Angotti-Jones/Los Angeles Times via Getty Images","status":"inherit","altTag":null,"fetchFailed":false,"isLoading":false}},"audioPlayerReducer":{"postId":"stream_live"},"authorsReducer":{"slewis":{"type":"authors","id":"8676","meta":{"index":"authors_1716337520","id":"8676","found":true},"name":"Sukey Lewis","firstName":"Sukey","lastName":"Lewis","slug":"slewis","email":"slewis@kqed.org","display_author_email":true,"staff_mastheads":["news"],"title":"KQED Contributor","bio":"Sukey Lewis is a criminal justice reporter and host of \u003cem>On Our Watch\u003c/em>, a new podcast from NPR and KQED about the shadow world of police discipline. In 2018, she co-founded the California Reporting Project, a coalition of newsrooms across the state focused on obtaining previously sealed internal affairs records from law enforcement. In addition to her reporting on police accountability, Sukey has investigated the bail bonds industry, California's wildfires and the high cost of prison phone calls. Sukey earned a master's degree in journalism from the University of California at Berkeley. Send news tips to slewis@kqed.org.","avatar":"https://secure.gravatar.com/avatar/03fd6b21024f99d8b0a1966654586de7?s=600&d=blank&r=g","twitter":"SukeyLewis","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"news","roles":["author","edit_others_posts"]}],"headData":{"title":"Sukey Lewis | KQED","description":"KQED Contributor","ogImgSrc":"https://secure.gravatar.com/avatar/03fd6b21024f99d8b0a1966654586de7?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/03fd6b21024f99d8b0a1966654586de7?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/slewis"}},"breakingNewsReducer":{},"campaignFinanceReducer":{},"firebase":{"requesting":{},"requested":{},"timestamps":{},"data":{},"ordered":{},"auth":{"isLoaded":false,"isEmpty":true},"authError":null,"profile":{"isLoaded":false,"isEmpty":true},"listeners":{"byId":{},"allIds":[]},"isInitializing":false,"errors":[]},"navBarReducer":{"navBarId":"news","fullView":true,"showPlayer":false},"navMenuReducer":{"menus":[{"key":"menu1","items":[{"name":"News","link":"/","type":"title"},{"name":"Politics","link":"/politics"},{"name":"Science","link":"/science"},{"name":"Education","link":"/educationnews"},{"name":"Housing","link":"/housing"},{"name":"Immigration","link":"/immigration"},{"name":"Criminal Justice","link":"/criminaljustice"},{"name":"Silicon Valley","link":"/siliconvalley"},{"name":"Forum","link":"/forum"},{"name":"The California Report","link":"/californiareport"}]},{"key":"menu2","items":[{"name":"Arts & Culture","link":"/arts","type":"title"},{"name":"Critics’ Picks","link":"/thedolist"},{"name":"Cultural Commentary","link":"/artscommentary"},{"name":"Food & Drink","link":"/food"},{"name":"Bay Area Hip-Hop","link":"/bayareahiphop"},{"name":"Rebel Girls","link":"/rebelgirls"},{"name":"Arts Video","link":"/artsvideos"}]},{"key":"menu3","items":[{"name":"Podcasts","link":"/podcasts","type":"title"},{"name":"Bay Curious","link":"/podcasts/baycurious"},{"name":"Rightnowish","link":"/podcasts/rightnowish"},{"name":"The Bay","link":"/podcasts/thebay"},{"name":"On Our Watch","link":"/podcasts/onourwatch"},{"name":"Mindshift","link":"/podcasts/mindshift"},{"name":"Consider This","link":"/podcasts/considerthis"},{"name":"Political Breakdown","link":"/podcasts/politicalbreakdown"}]},{"key":"menu4","items":[{"name":"Live Radio","link":"/radio","type":"title"},{"name":"TV","link":"/tv","type":"title"},{"name":"Events","link":"/events","type":"title"},{"name":"For Educators","link":"/education","type":"title"},{"name":"Support KQED","link":"/support","type":"title"},{"name":"About","link":"/about","type":"title"},{"name":"Help Center","link":"https://kqed-helpcenter.kqed.org/s","type":"title"}]}]},"pagesReducer":{},"postsReducer":{"stream_live":{"type":"live","id":"stream_live","audioUrl":"https://streams.kqed.org/kqedradio","title":"Live Stream","excerpt":"Live Stream information currently unavailable.","link":"/radio","featImg":"","label":{"name":"KQED Live","link":"/"}},"stream_kqedNewscast":{"type":"posts","id":"stream_kqedNewscast","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/newscast.mp3?_=1","title":"KQED Newscast","featImg":"","label":{"name":"88.5 FM","link":"/"}},"news_11915290":{"type":"posts","id":"news_11915290","meta":{"index":"posts_1716263798","site":"news","id":"11915290","found":true},"guestAuthors":[],"slug":"california-cops-who-racially-profile-unlawfully-use-force-or-commit-other-misconduct-could-soon-lose-their-badges-heres-how","title":"California Cops Who Racially Profile, Unlawfully Use Force or Commit Other Misconduct Could Soon Lose Their Badges. Here's How","publishDate":1653685200,"format":"image","headTitle":"California Cops Who Racially Profile, Unlawfully Use Force or Commit Other Misconduct Could Soon Lose Their Badges. Here’s How | KQED","labelTerm":{"site":"news"},"content":"\u003cp>A Contra Costa County Sheriff’s deputy fatally shot a mentally ill man fleeing from a traffic stop in 2018. The deputy received no discipline — although years later he was \u003ca href=\"https://www.kqed.org/news/11893915/jury-convicts-police-officer-of-assault-in-2018-on-duty-shooting\">convicted of assault\u003c/a> and \u003ca href=\"https://www.kqed.org/news/11907219/we-prayed-he-would-get-jail-time-ex-contra-costa-cop-gets-6-years-in-prison-for-killing-man-with-mental-illness\">sentenced to prison\u003c/a> for the shooting. A Fairfield police officer made a racist joke about “COVID-19 from China” and posted it to TikTok. That officer was suspended for a day.\u003c/p>\n\u003cp>Starting Jan. 1, 2023, cases like these might get kicked up to a state agency — the Commission on Peace Officer Standards and Training (POST) — for a level of review completely new to California: Was the officer’s misconduct egregious enough to take away their badge for good?\u003c/p>\n\u003cp>Last year, \u003ca href=\"https://www.kqed.org/news/11890615/newsom-signs-law-to-strip-badges-from-bad-officers\">the state passed Senate Bill 2\u003c/a>, giving POST the mandate to set up a system for decertifying police officers who commit serious misconduct so they can no longer be cops. On Wednesday, the commission voted on a \u003ca href=\"https://post.ca.gov/Regulatory-Actions\">series of regulations that start to flesh out how that process will work\u003c/a>. And they voted on a definition that’s key to this whole project: What is “serious misconduct?”\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Rick Braziel, vice chair, California's Commission on Peace Officer Standards and Training\"]‘When we start lifting up rocks and looking underneath, we’re going to see a whole lot of things that are just messed up.’[/pullquote]POST will largely rely on California’s roughly 700 law enforcement agencies to interpret that definition and investigate officers accused of misconduct. How local departments do this will determine how effective the system for decertification can be. State police transparency laws \u003ca href=\"https://www.kqed.org/podcasts/onourwatch\">have exposed significant issues and inconsistencies in how police police themselves\u003c/a> — findings that were \u003ca href=\"http://auditor.ca.gov/reports/2021-105/index.html\">echoed by a recent report from the state auditor\u003c/a>.\u003c/p>\n\u003cp>California’s landmark police decertification law might wind up undermined by this flawed and fractured system — but it could also provide fresh opportunity for oversight.\u003c/p>\n\u003cp>“I think we’re going to see a whole lot of unintended consequences of SB 2,” POST Vice Chair Rick Braziel said Wednesday. “We’re going to identify agencies who aren’t doing their IA [internal affairs] cases correctly. … When we start lifting up rocks and looking underneath, we’re going to see a whole lot of things that are just messed up.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Since the bill passed last year, POST has been trying to navigate the high expectations of those who hope decertification will address gaps in police accountability, and concerns from law enforcement leaders that it will usurp their authority to discipline employee officers.\u003c/p>\n\u003cp>“There’s a lot of misinformation out there,” said Jackie Nelson, the POST bureau chief in charge of implementing SB 2, in an interview. “Agencies think we’re going to become the internal affairs for the state, and that’s not the case.”\u003c/p>\n\u003cp>Redlands Police Chief Chris Catren, who’s serving as president of the California Police Chiefs Association, said he’s concerned the law is too broad and “could apply to officers that have done what would otherwise be seen as minor misconduct, and then potentially put them in the crosshairs for decertification.”\u003c/p>\n\u003cp>With these kinds of concerns in mind, POST has been refining the definition of “serious misconduct” for months, arguing over terms like “fitness,” “substantive” and “willful” in workshops and during long meetings.\u003c/p>\n\u003cp>“Serious Misconduct is an act or acts, or an omission or omissions, demonstrating a lack of fitness to serve as a peace officer in the State of California” is the catchall definition created and approved by the commission on Wednesday.\u003c/p>\n\u003cp>[aside label='Related Coverage' tag='police-misconduct']The commission also expanded and refined definitions for the \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=202120220SB2&showamends=false\">nine aspects of serious misconduct outlined in the law\u003c/a>: dishonesty, abuse of power, physical abuse, sexual assault, demonstrating bias, acts that violate the law and are sufficiently egregious, participation in a law enforcement gang, failure to cooperate with an investigation, and failure to intercede if another officer uses unnecessary force.\u003c/p>\n\u003cp>The public will be able to comment on these definitions next week, Nelson said.\u003c/p>\n\u003cp>On Wednesday, POST Executive Director Manny Alvarez said the agency is working hard to meet its January deadline for implementation. Its expanded $22.6 million budget was recently approved by Gov. Gavin Newsom. In July, the agency will ramp up hiring for 127 positions, nearly doubling the size of the agency.\u003c/p>\n\u003cp>In light of the labor shortage and the tight timeline, Alvarez called this a “significant challenge.”\u003c/p>\n\u003cp>The commission also approved regulations Wednesday that outline a framework for reporting and reviewing allegations of serious misconduct.\u003c/p>\n\u003cp>All roads to officer decertification begin with a complaint or an allegation of misconduct.\u003c/p>\n\u003cp>\u003cem>A “disqualifying crime” in the flowchart below refers to \u003ca href=\"https://casetext.com/statute/california-codes/california-government-code/title-1-general/division-4-public-officers-and-employees/chapter-1-general/article-2-disqualifications-for-office-or-employment/section-1029-disqualification-from-holding-office-as-peace-officer\">any crime that would bar someone from serving as a police officer\u003c/a>.\u003c/em>\u003c/p>\n\u003cfigure id=\"attachment_11915303\" class=\"wp-caption aligncenter\" style=\"max-width: 1429px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11915303\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/05/flowchart5.jpg\" alt=\"flow chart\" width=\"1429\" height=\"1439\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/05/flowchart5.jpg 1429w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/05/flowchart5-800x806.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/05/flowchart5-1020x1027.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/05/flowchart5-160x161.jpg 160w\" sizes=\"(max-width: 1429px) 100vw, 1429px\">\u003cfigcaption class=\"wp-caption-text\">This flowchart of the paths to decertification — when an officer is stripped of their badge for good — is based on the requirements of SB 2 and the new regulations, and does not include all possible routes to decertification. \u003ccite>(Anna Vignet/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In a TikTok video recorded early in the pandemic, Fairfield police officer Amanda Graham is sitting in the driver’s seat of a city police cruiser. A white surgical face mask hangs from the rearview mirror.\u003c/p>\n\u003cp>“I like your air freshener, what scent is that?” a trainee officer who is behind the camera asks Graham.\u003c/p>\n\u003cp>“Oh, you like this?” Graham responds, leaning over and taking a deep whiff of the face mask. “COVID-19 from China,” she says, putting on an accent with the last word.\u003c/p>\n\u003cp>On April 20, 2020, at least two residents saw the post and emailed the police department. KQED recently obtained these emails and the TikTok video from Fairfield under the expanded police transparency law that passed last year.\u003c/p>\n\u003cp>“Dear Chief, I hope you are as offended by the behavior of your officers as I am,” one of them reads. “The COVID-19 pandemic is not a joke and many people are impacted.”\u003c/p>\n\u003cfigure id=\"attachment_11915352\" class=\"wp-caption aligncenter\" style=\"max-width: 1100px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11915352\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/05/TikTokScreencap.jpg\" alt=\"\" width=\"1100\" height=\"784\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/05/TikTokScreencap.jpg 1100w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/05/TikTokScreencap-800x570.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/05/TikTokScreencap-1020x727.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/05/TikTokScreencap-160x114.jpg 160w\" sizes=\"(max-width: 1100px) 100vw, 1100px\">\u003cfigcaption class=\"wp-caption-text\">In a TikTok video that Fairfield police officer Amanda Graham was disciplined for, she makes a racist joke about ‘COVID-19 from China.’ \u003ccite>(Fairfield Police Department)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Initially, Graham’s supervisor planned to handle it with a written reprimand. But when the department realized that Graham had posted other videos on the site, it began a fuller investigation.\u003c/p>\n\u003cp>Once a police department like Fairfield’s receives a complaint like the email about Officer Graham, it will have to determine whether what the complaint is alleging is “serious misconduct.”\u003c/p>\n\u003cp>The TikTok video might qualify under biased conduct, but the agency would also weigh whether Graham’s conduct was “inconsistent with a peace officer’s obligations to carry out their duties in a fair and unbiased manner.”\u003c/p>\n\u003cp>While there are other ways cases can get to POST — civil lawsuits, complaints filed directly to POST, or media coverage — Nelson said that “a lot of it will be the agencies’ … I don’t want to say discretion … their interpretation if it meets the definition.”\u003c/p>\n\u003cp>Some law enforcement departments in California might ignore a complaint like this entirely. A recent \u003ca href=\"http://auditor.ca.gov/reports/2021-105/index.html\">report from the state auditor\u003c/a> pointed out how departments prematurely dismiss complaints, and rely on the explanations of officers rather than other evidence when they’re looking into potentially biased conduct.\u003c/p>\n\u003cp>Fairfield Police Captain Daniel Marshall told KQED in an email that the department couldn’t comment on whether a case like Graham’s would be reportable under SB 2 since the law is still being implemented.\u003c/p>\n\u003cp>Marshall wrote that his department takes biased misconduct seriously, even if it’s done as a joke. The police chief suspended Graham for one day, took away her training privileges for about seven weeks, and ordered her to attend training.\u003c/p>\n\u003cp>“We have shared the information with some leaders of Fairfield’s communities of color and held tough conversations about the damage this sort of behavior can cause,” Marshall wrote, adding that Graham also understood “how this kind of behavior can affect community trust.”\u003c/p>\n\u003cp>Graham did not respond to an email requesting comment.\u003c/p>\n\u003ch2>Exonerated by a sheriff — convicted by a jury\u003c/h2>\n\u003cp>If Graham’s conduct is near one end of the spectrum of police misconduct, the actions of Contra Costa County Deputy Andrew Hall, who fatally shot a mentally ill man named Laudemer Arboleda, falls near the other.\u003c/p>\n\u003cp>In late 2018, Arboleda led law enforcement on a low-speed car chase for about eight minutes after an attempted traffic stop. Hall tried to block Arboleda’s car with his own. He jumped out of his police car and into the path of Arboleda’s vehicle as the man tried to maneuver through the blockade. Hall fired multiple rounds through Arboleda’s windshield and window, killing him.\u003c/p>\n\u003cp>In October, a jury \u003ca href=\"https://www.kqed.org/news/11893915/jury-convicts-police-officer-of-assault-in-2018-on-duty-shooting\">convicted Hall of assault with a firearm\u003c/a>, and in March a judge \u003ca href=\"https://www.kqed.org/news/11907219/we-prayed-he-would-get-jail-time-ex-contra-costa-cop-gets-6-years-in-prison-for-killing-man-with-mental-illness\">sentenced Hall to six years in prison\u003c/a>.\u003c/p>\n\u003cp>[aside postID=news_11907219 hero='https://ww2.kqed.org/app/uploads/sites/10/2022/03/BurrisArboledaHallPresser.jpg']But the internal investigation begun in 2018 by the Contra Costa County Sheriff’s department exonerated Hall. The deputy kept working for the sheriff for two more years, and \u003ca href=\"https://www.kqed.org/news/11870567/video-footage-of-tyrell-wilson-killing-released-as-same-danville-officer-charged-in-another-death\">went on to fatally shoot Tyrell Wilson\u003c/a>, an unhoused Black man whose family says suffered from schizophrenia, in 2021. It was shortly after that second shooting that the district attorney pressed charges.\u003c/p>\n\u003cp>Because Hall was convicted of a violent felony, under the new rules of SB 2 he would be eligible for decertification on Jan. 1, 2023. But, if he had not been criminally prosecuted, the sheriff would not have reported a case like this to POST because he didn’t think Hall was guilty of misconduct.\u003c/p>\n\u003cp>“I was proud to support him publicly and privately after the events of November 3, 2018, and I support him today,” Sheriff David Livingston wrote the day Hall was sentenced in a \u003ca href=\"https://www.ktvu.com/news/contra-costa-county-sheriff-shows-disdain-for-judges-6-year-sentence-of-ex-deputy\">letter to his staff first reported on by KTVU\u003c/a>.\u003c/p>\n\u003cp>In theory, this is not supposed to happen. The standard of evidence for an internal investigation — a “preponderance” of the evidence — is much lower than a criminal conviction — “beyond a reasonable doubt.” For decertification, the evidence of serious misconduct must be “clear and convincing,” which falls somewhere in between.\u003c/p>\n\u003cp>“I wasn’t on the jury. I didn’t hear all the evidence,” Catren, the California Police Chiefs Association president, said. “But those kinds of cases are naturally going to cause people concern in the community, because they’re saying, well, you know, the question always is right: ‘Who’s policing the police?'”\u003c/p>\n\u003cp>Catren said in certain cases it’s also important to give officers the chance to learn from their mistakes.\u003c/p>\n\u003cp>“Some things are painfully obvious, you know. Somebody goes in and intentionally lies in court, or they plant evidence, or there’s hard, clear evidence of biased policing,” Catren said. “But others aren’t going to be. So, things like a DUI, some departments might determine that that’s egregious enough, others may not.”\u003c/p>\n\u003cp>Nelson, the POST bureau chief, said it’s not POST’s job to weigh in and say whether the discipline an officer received was insufficient or unfair. If cases like Graham’s or Hall’s do get reported to POST, after the agency completes its internal investigation, POST will decide to either move forward with decertification or not. In \u003ca href=\"https://post.ca.gov/Portals/0/post_docs/regulationnotices/2022/2022-13_TPRA.pdf\">certain cases\u003c/a>, POST may decide to do its own investigation.\u003c/p>\n\u003cp>“We’re taking the first bite out of this big monster, and we’re going to find a whole lot more work as we continue in this process,” Braziel, the POST vice chair, said Wednesday.\u003c/p>\n\u003cp>Nelson said in an interview her team can’t be sure how many complaints will be reported to their new decertification division each year, but she has a rough estimate based on the \u003ca href=\"https://openjustice.doj.ca.gov/data-stories/civilians-complaints\">number of complaints reported to the Department of Justice\u003c/a>.\u003c/p>\n\u003cp>“They get approximately 16,000 annually,” she said. “We looked at those — we felt about 3,400 would equate to what we think is serious misconduct or for potentially decertifying information.”\u003c/p>\n\u003cp>Nelson also said that later this year her team will be traveling to law enforcement agencies across the state to hold workshops and get everyone up to speed.\u003c/p>\n\u003cp>“We call it the road show,” she said. Nelson won’t just be training departments on decertification, but also on certification — how officers can get licensed in the state and what might disqualify them from a career in policing.\u003c/p>\n\u003cp>“So it spans the life cycle of an officer’s career from beginning to end,” she said. “It’s huge.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"California's landmark police decertification law reached a milestone this week. But there's still a long way to go.","status":"publish","parent":0,"modified":1721157531,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":51,"wordCount":2230},"headData":{"title":"California Cops Who Racially Profile, Unlawfully Use Force or Commit Other Misconduct Could Soon Lose Their Badges. Here's How | KQED","description":"California's landmark police decertification law reached a milestone this week. But there's still a long way to go.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"California Cops Who Racially Profile, Unlawfully Use Force or Commit Other Misconduct Could Soon Lose Their Badges. Here's How","datePublished":"2022-05-27T14:00:00-07:00","dateModified":"2024-07-16T12:18:51-07:00","image":"https://ww2.kqed.org/app/uploads/sites/10/2022/05/RS56250_GettyImages-1215858470-qut-1020x680.jpg","isAccessibleForFree":"True","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"},"author":{"@type":"Person","name":"Sukey Lewis","jobTitle":"KQED Contributor","url":"https://www.kqed.org/author/slewis"}},"authorsData":[{"type":"authors","id":"8676","meta":{"index":"authors_1716337520","id":"8676","found":true},"name":"Sukey Lewis","firstName":"Sukey","lastName":"Lewis","slug":"slewis","email":"slewis@kqed.org","display_author_email":true,"staff_mastheads":["news"],"title":"KQED Contributor","bio":"Sukey Lewis is a criminal justice reporter and host of \u003cem>On Our Watch\u003c/em>, a new podcast from NPR and KQED about the shadow world of police discipline. In 2018, she co-founded the California Reporting Project, a coalition of newsrooms across the state focused on obtaining previously sealed internal affairs records from law enforcement. In addition to her reporting on police accountability, Sukey has investigated the bail bonds industry, California's wildfires and the high cost of prison phone calls. Sukey earned a master's degree in journalism from the University of California at Berkeley. Send news tips to slewis@kqed.org.","avatar":"https://secure.gravatar.com/avatar/03fd6b21024f99d8b0a1966654586de7?s=600&d=blank&r=g","twitter":"SukeyLewis","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"news","roles":["author","edit_others_posts"]}],"headData":{"title":"Sukey Lewis | KQED","description":"KQED Contributor","ogImgSrc":"https://secure.gravatar.com/avatar/03fd6b21024f99d8b0a1966654586de7?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/03fd6b21024f99d8b0a1966654586de7?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/slewis"}],"imageData":{"ogImageSize":{"file":"https://ww2.kqed.org/app/uploads/sites/10/2022/05/RS56250_GettyImages-1215858470-qut-1020x680.jpg","width":1020,"mimeType":"image/jpeg","height":680},"ogImageWidth":"1020","ogImageHeight":"680","twitterImageUrl":"https://ww2.kqed.org/app/uploads/sites/10/2022/05/RS56250_GettyImages-1215858470-qut-1020x680.jpg","twImageSize":{"file":"https://ww2.kqed.org/app/uploads/sites/10/2022/05/RS56250_GettyImages-1215858470-qut-1020x680.jpg","width":1020,"mimeType":"image/jpeg","height":680},"twitterCard":"summary_large_image"},"tagData":{"tags":["California","featured-news","police accountability","police misconduct","police shootings","policing"]}},"audioUrl":"https://traffic.omny.fm/d/clips/0af137ef-751e-4b19-a055-aaef00d2d578/ffca7e9f-6831-41c5-bcaf-aaef00f5a073/27169347-b9e2-4214-b069-aea101305e9a/audio.mp3","sticky":false,"excludeFromSiteSearch":"Include","path":"/news/11915290/california-cops-who-racially-profile-unlawfully-use-force-or-commit-other-misconduct-could-soon-lose-their-badges-heres-how","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A Contra Costa County Sheriff’s deputy fatally shot a mentally ill man fleeing from a traffic stop in 2018. The deputy received no discipline — although years later he was \u003ca href=\"https://www.kqed.org/news/11893915/jury-convicts-police-officer-of-assault-in-2018-on-duty-shooting\">convicted of assault\u003c/a> and \u003ca href=\"https://www.kqed.org/news/11907219/we-prayed-he-would-get-jail-time-ex-contra-costa-cop-gets-6-years-in-prison-for-killing-man-with-mental-illness\">sentenced to prison\u003c/a> for the shooting. A Fairfield police officer made a racist joke about “COVID-19 from China” and posted it to TikTok. That officer was suspended for a day.\u003c/p>\n\u003cp>Starting Jan. 1, 2023, cases like these might get kicked up to a state agency — the Commission on Peace Officer Standards and Training (POST) — for a level of review completely new to California: Was the officer’s misconduct egregious enough to take away their badge for good?\u003c/p>\n\u003cp>Last year, \u003ca href=\"https://www.kqed.org/news/11890615/newsom-signs-law-to-strip-badges-from-bad-officers\">the state passed Senate Bill 2\u003c/a>, giving POST the mandate to set up a system for decertifying police officers who commit serious misconduct so they can no longer be cops. On Wednesday, the commission voted on a \u003ca href=\"https://post.ca.gov/Regulatory-Actions\">series of regulations that start to flesh out how that process will work\u003c/a>. And they voted on a definition that’s key to this whole project: What is “serious misconduct?”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘When we start lifting up rocks and looking underneath, we’re going to see a whole lot of things that are just messed up.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Rick Braziel, vice chair, California's Commission on Peace Officer Standards and Training","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>POST will largely rely on California’s roughly 700 law enforcement agencies to interpret that definition and investigate officers accused of misconduct. How local departments do this will determine how effective the system for decertification can be. State police transparency laws \u003ca href=\"https://www.kqed.org/podcasts/onourwatch\">have exposed significant issues and inconsistencies in how police police themselves\u003c/a> — findings that were \u003ca href=\"http://auditor.ca.gov/reports/2021-105/index.html\">echoed by a recent report from the state auditor\u003c/a>.\u003c/p>\n\u003cp>California’s landmark police decertification law might wind up undermined by this flawed and fractured system — but it could also provide fresh opportunity for oversight.\u003c/p>\n\u003cp>“I think we’re going to see a whole lot of unintended consequences of SB 2,” POST Vice Chair Rick Braziel said Wednesday. “We’re going to identify agencies who aren’t doing their IA [internal affairs] cases correctly. … When we start lifting up rocks and looking underneath, we’re going to see a whole lot of things that are just messed up.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Since the bill passed last year, POST has been trying to navigate the high expectations of those who hope decertification will address gaps in police accountability, and concerns from law enforcement leaders that it will usurp their authority to discipline employee officers.\u003c/p>\n\u003cp>“There’s a lot of misinformation out there,” said Jackie Nelson, the POST bureau chief in charge of implementing SB 2, in an interview. “Agencies think we’re going to become the internal affairs for the state, and that’s not the case.”\u003c/p>\n\u003cp>Redlands Police Chief Chris Catren, who’s serving as president of the California Police Chiefs Association, said he’s concerned the law is too broad and “could apply to officers that have done what would otherwise be seen as minor misconduct, and then potentially put them in the crosshairs for decertification.”\u003c/p>\n\u003cp>With these kinds of concerns in mind, POST has been refining the definition of “serious misconduct” for months, arguing over terms like “fitness,” “substantive” and “willful” in workshops and during long meetings.\u003c/p>\n\u003cp>“Serious Misconduct is an act or acts, or an omission or omissions, demonstrating a lack of fitness to serve as a peace officer in the State of California” is the catchall definition created and approved by the commission on Wednesday.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Coverage ","tag":"police-misconduct"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The commission also expanded and refined definitions for the \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=202120220SB2&showamends=false\">nine aspects of serious misconduct outlined in the law\u003c/a>: dishonesty, abuse of power, physical abuse, sexual assault, demonstrating bias, acts that violate the law and are sufficiently egregious, participation in a law enforcement gang, failure to cooperate with an investigation, and failure to intercede if another officer uses unnecessary force.\u003c/p>\n\u003cp>The public will be able to comment on these definitions next week, Nelson said.\u003c/p>\n\u003cp>On Wednesday, POST Executive Director Manny Alvarez said the agency is working hard to meet its January deadline for implementation. Its expanded $22.6 million budget was recently approved by Gov. Gavin Newsom. In July, the agency will ramp up hiring for 127 positions, nearly doubling the size of the agency.\u003c/p>\n\u003cp>In light of the labor shortage and the tight timeline, Alvarez called this a “significant challenge.”\u003c/p>\n\u003cp>The commission also approved regulations Wednesday that outline a framework for reporting and reviewing allegations of serious misconduct.\u003c/p>\n\u003cp>All roads to officer decertification begin with a complaint or an allegation of misconduct.\u003c/p>\n\u003cp>\u003cem>A “disqualifying crime” in the flowchart below refers to \u003ca href=\"https://casetext.com/statute/california-codes/california-government-code/title-1-general/division-4-public-officers-and-employees/chapter-1-general/article-2-disqualifications-for-office-or-employment/section-1029-disqualification-from-holding-office-as-peace-officer\">any crime that would bar someone from serving as a police officer\u003c/a>.\u003c/em>\u003c/p>\n\u003cfigure id=\"attachment_11915303\" class=\"wp-caption aligncenter\" style=\"max-width: 1429px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11915303\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/05/flowchart5.jpg\" alt=\"flow chart\" width=\"1429\" height=\"1439\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/05/flowchart5.jpg 1429w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/05/flowchart5-800x806.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/05/flowchart5-1020x1027.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/05/flowchart5-160x161.jpg 160w\" sizes=\"(max-width: 1429px) 100vw, 1429px\">\u003cfigcaption class=\"wp-caption-text\">This flowchart of the paths to decertification — when an officer is stripped of their badge for good — is based on the requirements of SB 2 and the new regulations, and does not include all possible routes to decertification. \u003ccite>(Anna Vignet/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In a TikTok video recorded early in the pandemic, Fairfield police officer Amanda Graham is sitting in the driver’s seat of a city police cruiser. A white surgical face mask hangs from the rearview mirror.\u003c/p>\n\u003cp>“I like your air freshener, what scent is that?” a trainee officer who is behind the camera asks Graham.\u003c/p>\n\u003cp>“Oh, you like this?” Graham responds, leaning over and taking a deep whiff of the face mask. “COVID-19 from China,” she says, putting on an accent with the last word.\u003c/p>\n\u003cp>On April 20, 2020, at least two residents saw the post and emailed the police department. KQED recently obtained these emails and the TikTok video from Fairfield under the expanded police transparency law that passed last year.\u003c/p>\n\u003cp>“Dear Chief, I hope you are as offended by the behavior of your officers as I am,” one of them reads. “The COVID-19 pandemic is not a joke and many people are impacted.”\u003c/p>\n\u003cfigure id=\"attachment_11915352\" class=\"wp-caption aligncenter\" style=\"max-width: 1100px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11915352\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/05/TikTokScreencap.jpg\" alt=\"\" width=\"1100\" height=\"784\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/05/TikTokScreencap.jpg 1100w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/05/TikTokScreencap-800x570.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/05/TikTokScreencap-1020x727.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/05/TikTokScreencap-160x114.jpg 160w\" sizes=\"(max-width: 1100px) 100vw, 1100px\">\u003cfigcaption class=\"wp-caption-text\">In a TikTok video that Fairfield police officer Amanda Graham was disciplined for, she makes a racist joke about ‘COVID-19 from China.’ \u003ccite>(Fairfield Police Department)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Initially, Graham’s supervisor planned to handle it with a written reprimand. But when the department realized that Graham had posted other videos on the site, it began a fuller investigation.\u003c/p>\n\u003cp>Once a police department like Fairfield’s receives a complaint like the email about Officer Graham, it will have to determine whether what the complaint is alleging is “serious misconduct.”\u003c/p>\n\u003cp>The TikTok video might qualify under biased conduct, but the agency would also weigh whether Graham’s conduct was “inconsistent with a peace officer’s obligations to carry out their duties in a fair and unbiased manner.”\u003c/p>\n\u003cp>While there are other ways cases can get to POST — civil lawsuits, complaints filed directly to POST, or media coverage — Nelson said that “a lot of it will be the agencies’ … I don’t want to say discretion … their interpretation if it meets the definition.”\u003c/p>\n\u003cp>Some law enforcement departments in California might ignore a complaint like this entirely. A recent \u003ca href=\"http://auditor.ca.gov/reports/2021-105/index.html\">report from the state auditor\u003c/a> pointed out how departments prematurely dismiss complaints, and rely on the explanations of officers rather than other evidence when they’re looking into potentially biased conduct.\u003c/p>\n\u003cp>Fairfield Police Captain Daniel Marshall told KQED in an email that the department couldn’t comment on whether a case like Graham’s would be reportable under SB 2 since the law is still being implemented.\u003c/p>\n\u003cp>Marshall wrote that his department takes biased misconduct seriously, even if it’s done as a joke. The police chief suspended Graham for one day, took away her training privileges for about seven weeks, and ordered her to attend training.\u003c/p>\n\u003cp>“We have shared the information with some leaders of Fairfield’s communities of color and held tough conversations about the damage this sort of behavior can cause,” Marshall wrote, adding that Graham also understood “how this kind of behavior can affect community trust.”\u003c/p>\n\u003cp>Graham did not respond to an email requesting comment.\u003c/p>\n\u003ch2>Exonerated by a sheriff — convicted by a jury\u003c/h2>\n\u003cp>If Graham’s conduct is near one end of the spectrum of police misconduct, the actions of Contra Costa County Deputy Andrew Hall, who fatally shot a mentally ill man named Laudemer Arboleda, falls near the other.\u003c/p>\n\u003cp>In late 2018, Arboleda led law enforcement on a low-speed car chase for about eight minutes after an attempted traffic stop. Hall tried to block Arboleda’s car with his own. He jumped out of his police car and into the path of Arboleda’s vehicle as the man tried to maneuver through the blockade. Hall fired multiple rounds through Arboleda’s windshield and window, killing him.\u003c/p>\n\u003cp>In October, a jury \u003ca href=\"https://www.kqed.org/news/11893915/jury-convicts-police-officer-of-assault-in-2018-on-duty-shooting\">convicted Hall of assault with a firearm\u003c/a>, and in March a judge \u003ca href=\"https://www.kqed.org/news/11907219/we-prayed-he-would-get-jail-time-ex-contra-costa-cop-gets-6-years-in-prison-for-killing-man-with-mental-illness\">sentenced Hall to six years in prison\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11907219","hero":"https://ww2.kqed.org/app/uploads/sites/10/2022/03/BurrisArboledaHallPresser.jpg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>But the internal investigation begun in 2018 by the Contra Costa County Sheriff’s department exonerated Hall. The deputy kept working for the sheriff for two more years, and \u003ca href=\"https://www.kqed.org/news/11870567/video-footage-of-tyrell-wilson-killing-released-as-same-danville-officer-charged-in-another-death\">went on to fatally shoot Tyrell Wilson\u003c/a>, an unhoused Black man whose family says suffered from schizophrenia, in 2021. It was shortly after that second shooting that the district attorney pressed charges.\u003c/p>\n\u003cp>Because Hall was convicted of a violent felony, under the new rules of SB 2 he would be eligible for decertification on Jan. 1, 2023. But, if he had not been criminally prosecuted, the sheriff would not have reported a case like this to POST because he didn’t think Hall was guilty of misconduct.\u003c/p>\n\u003cp>“I was proud to support him publicly and privately after the events of November 3, 2018, and I support him today,” Sheriff David Livingston wrote the day Hall was sentenced in a \u003ca href=\"https://www.ktvu.com/news/contra-costa-county-sheriff-shows-disdain-for-judges-6-year-sentence-of-ex-deputy\">letter to his staff first reported on by KTVU\u003c/a>.\u003c/p>\n\u003cp>In theory, this is not supposed to happen. The standard of evidence for an internal investigation — a “preponderance” of the evidence — is much lower than a criminal conviction — “beyond a reasonable doubt.” For decertification, the evidence of serious misconduct must be “clear and convincing,” which falls somewhere in between.\u003c/p>\n\u003cp>“I wasn’t on the jury. I didn’t hear all the evidence,” Catren, the California Police Chiefs Association president, said. “But those kinds of cases are naturally going to cause people concern in the community, because they’re saying, well, you know, the question always is right: ‘Who’s policing the police?'”\u003c/p>\n\u003cp>Catren said in certain cases it’s also important to give officers the chance to learn from their mistakes.\u003c/p>\n\u003cp>“Some things are painfully obvious, you know. Somebody goes in and intentionally lies in court, or they plant evidence, or there’s hard, clear evidence of biased policing,” Catren said. “But others aren’t going to be. So, things like a DUI, some departments might determine that that’s egregious enough, others may not.”\u003c/p>\n\u003cp>Nelson, the POST bureau chief, said it’s not POST’s job to weigh in and say whether the discipline an officer received was insufficient or unfair. If cases like Graham’s or Hall’s do get reported to POST, after the agency completes its internal investigation, POST will decide to either move forward with decertification or not. In \u003ca href=\"https://post.ca.gov/Portals/0/post_docs/regulationnotices/2022/2022-13_TPRA.pdf\">certain cases\u003c/a>, POST may decide to do its own investigation.\u003c/p>\n\u003cp>“We’re taking the first bite out of this big monster, and we’re going to find a whole lot more work as we continue in this process,” Braziel, the POST vice chair, said Wednesday.\u003c/p>\n\u003cp>Nelson said in an interview her team can’t be sure how many complaints will be reported to their new decertification division each year, but she has a rough estimate based on the \u003ca href=\"https://openjustice.doj.ca.gov/data-stories/civilians-complaints\">number of complaints reported to the Department of Justice\u003c/a>.\u003c/p>\n\u003cp>“They get approximately 16,000 annually,” she said. “We looked at those — we felt about 3,400 would equate to what we think is serious misconduct or for potentially decertifying information.”\u003c/p>\n\u003cp>Nelson also said that later this year her team will be traveling to law enforcement agencies across the state to hold workshops and get everyone up to speed.\u003c/p>\n\u003cp>“We call it the road show,” she said. Nelson won’t just be training departments on decertification, but also on certification — how officers can get licensed in the state and what might disqualify them from a career in policing.\u003c/p>\n\u003cp>“So it spans the life cycle of an officer’s career from beginning to end,” she said. “It’s huge.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11915290/california-cops-who-racially-profile-unlawfully-use-force-or-commit-other-misconduct-could-soon-lose-their-badges-heres-how","authors":["8676"],"categories":["news_6188","news_8","news_13"],"tags":["news_18538","news_27626","news_28780","news_24958","news_4379","news_20625"],"featImg":"news_11915334","label":"news","isLoading":false,"hasAllInfo":true}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.","airtime":"SUN 2pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Possible-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.possible.fm/","meta":{"site":"news","source":"Possible"},"link":"/radio/program/possible","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/possible/id1677184070","spotify":"https://open.spotify.com/show/730YpdUSNlMyPQwNnyjp4k"}},"1a":{"id":"1a","title":"1A","info":"1A is home to the national conversation. 1A brings on great guests and frames the best debate in ways that make you think, share and engage.","airtime":"MON-THU 11pm-12am","imageSrc":"https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/1a.jpg","officialWebsiteLink":"https://the1a.org/","meta":{"site":"news","source":"npr"},"link":"/radio/program/1a","subscribe":{"npr":"https://rpb3r.app.goo.gl/RBrW","apple":"https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?s=143441&mt=2&id=1188724250&at=11l79Y&ct=nprdirectory","tuneIn":"https://tunein.com/radio/1A-p947376/","rss":"https://feeds.npr.org/510316/podcast.xml"}},"all-things-considered":{"id":"all-things-considered","title":"All Things Considered","info":"Every weekday, \u003cem>All Things Considered\u003c/em> hosts Robert Siegel, Audie Cornish, Ari Shapiro, and Kelly McEvers present the program's trademark mix of news, interviews, commentaries, reviews, and offbeat features. 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You ask the questions. You decide what Bay Curious investigates. And you join us on the journey to find the answers.","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Bay-Curious-Podcast-Tile-703x703-1.jpg","imageAlt":"\"KQED Bay Curious","officialWebsiteLink":"/news/series/baycurious","meta":{"site":"news","source":"kqed","order":"4"},"link":"/podcasts/baycurious","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/bay-curious/id1172473406","npr":"https://www.npr.org/podcasts/500557090/bay-curious","rss":"https://ww2.kqed.org/news/category/bay-curious-podcast/feed/podcast","google":"https://podcasts.google.com/feed/aHR0cHM6Ly93dzIua3FlZC5vcmcvbmV3cy9jYXRlZ29yeS9iYXktY3VyaW91cy1wb2RjYXN0L2ZlZWQvcG9kY2FzdA","stitcher":"https://www.stitcher.com/podcast/kqed/bay-curious","spotify":"https://open.spotify.com/show/6O76IdmhixfijmhTZLIJ8k"}},"bbc-world-service":{"id":"bbc-world-service","title":"BBC World Service","info":"The day's top stories from BBC News compiled twice daily in the week, once at weekends.","airtime":"MON-FRI 9pm-10pm, TUE-FRI 1am-2am","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/BBC-World-Service-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.bbc.co.uk/sounds/play/live:bbc_world_service","meta":{"site":"news","source":"BBC World Service"},"link":"/radio/program/bbc-world-service","subscribe":{"apple":"https://itunes.apple.com/us/podcast/global-news-podcast/id135067274?mt=2","tuneIn":"https://tunein.com/radio/BBC-World-Service-p455581/","rss":"https://podcasts.files.bbci.co.uk/p02nq0gn.rss"}},"code-switch-life-kit":{"id":"code-switch-life-kit","title":"Code Switch / Life Kit","info":"\u003cem>Code Switch\u003c/em>, which listeners will hear in the first part of the hour, has fearless and much-needed conversations about race. Hosted by journalists of color, the show tackles the subject of race head-on, exploring how it impacts every part of society — from politics and pop culture to history, sports and more.\u003cbr />\u003cbr />\u003cem>Life Kit\u003c/em>, which will be in the second part of the hour, guides you through spaces and feelings no one prepares you for — from finances to mental health, from workplace microaggressions to imposter syndrome, from relationships to parenting. The show features experts with real world experience and shares their knowledge. Because everyone needs a little help being human.\u003cbr />\u003cbr />\u003ca href=\"https://www.npr.org/podcasts/510312/codeswitch\">\u003cem>Code Switch\u003c/em> offical site and podcast\u003c/a>\u003cbr />\u003ca href=\"https://www.npr.org/lifekit\">\u003cem>Life Kit\u003c/em> offical site and podcast\u003c/a>\u003cbr />","airtime":"SUN 9pm-10pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Code-Switch-Life-Kit-Podcast-Tile-360x360-1.jpg","meta":{"site":"radio","source":"npr"},"link":"/radio/program/code-switch-life-kit","subscribe":{"apple":"https://podcasts.apple.com/podcast/1112190608?mt=2&at=11l79Y&ct=nprdirectory","google":"https://podcasts.google.com/feed/aHR0cHM6Ly93d3cubnByLm9yZy9yc3MvcG9kY2FzdC5waHA_aWQ9NTEwMzEy","spotify":"https://open.spotify.com/show/3bExJ9JQpkwNhoHvaIIuyV","rss":"https://feeds.npr.org/510312/podcast.xml"}},"commonwealth-club":{"id":"commonwealth-club","title":"Commonwealth Club of California Podcast","info":"The Commonwealth Club of California is the nation's oldest and largest public affairs forum. As a non-partisan forum, The Club brings to the public airwaves diverse viewpoints on important topics. The Club's weekly radio broadcast - the oldest in the U.S., dating back to 1924 - is carried across the nation on public radio stations and is now podcasting. Our website archive features audio of our recent programs, as well as selected speeches from our long and distinguished history. 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