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§ 1003. Employment Status Notifications.

11 CA ADC § 1003Barclays Official California Code of RegulationsEffective: February 6, 2024

Barclays California Code of Regulations
Title 11. Law
Division 2. Commission on Peace Officer Standards and Training
Article 1. General
Effective: February 6, 2024
11 CCR § 1003
§ 1003. Employment Status Notifications.
(a) Employment Status Notification Requirements
(1) Peace Officers, Reserve Peace Officers, Public Safety Dispatchers, and Records Supervisors
Effective January 1, 2023, the employing agency shall notify POST of a new appointment or termination within ten days, via the POST Electronic Data Interchange (EDI) system when personnel actions listed below occur.
(A) A notice of appointment shall be submitted for the following actions:
1. New appointment,
a. An individual shall not be appointed to a specified peace officer classification until such time as they meet the minimum training requirements for the specified peace officer classification as identified in Commission Regulation 1005.
b. For any individual appointed as a peace officer, a completed Attestation of Peace Officer Eligibility, POST 2-356 (03/2022), shall be uploaded to POST via EDI.
c. EXCEPT AS PROVIDED BELOW, an individual appointed to an agency while completing the minimum training required for their specified classification shall be appointed as a trainee (TRN).
1) Any individual identified in Commission Regulation 1005(a)(3) who is serving in a position which permits appointment to a peace officer classification prior to completion of the minimum training requirements shall not require appointment as a trainee.
2) An individual currently appointed to a peace officer classification that requires training other than the Regular Basic Course (RBC) or the Specialized Investigators' Basic Course (SIBC) may maintain their current peace officer classification while attending the RBC or SIBC.
2. Name changes as a result of a marriage, a divorce, or a legal name change, or
3. Rank/status changes involving promotions or demotions.
(B) An Affidavit of Separation, POST 2-357 (01/2023), herein incorporated by reference, shall be submitted to POST, via EDI, within ten days of a peace officer's separation from employment. It shall be signed by the agency head or their designee under penalty of perjury, maintained by the employing agency, and a copy submitted to POST for the following actions:
1. Separation of service for retirement or resignation,
2. Separation of service for retirement or resignation pending complaint, administrative charge, or investigation in lieu of actions as listed in 1003(a)(1)(B)(4) below,
3. Separation of service as a result of death, or
4. Involuntary termination.
a. The employing agency shall include whether the separation is part of the resolution or settlement of any criminal, civil, or administrative charge or investigation.
b. A peace officer who has separated from employment or appointment shall be permitted to respond to the affidavit of separation, in writing, to POST, setting forth their understanding of the facts and reasons for the separation, if different from those provided by the agency.
(C) For any appointments or separations submitted to the POST EDI system more than 60 days after the initial date of appointment or separation, the employing agency shall submit to POST, a letter of justification to the Certification Bureau.
1. The letter of justification shall:
a. Be submitted on agency letterhead,
b. Be signed by the agency head or authorized designee, and
c. Provide the reason(s) the appointment or separation was submitted to the POST EDI system more than 60 days after the initial date of appointment or separation.
(b) Employment Status Notification Changes
(1) Incorrectly Submitted Transactions
When a transaction is incorrectly submitted through the EDI system, an authorized agency employee shall submit to POST a request in writing within ten days, indicating justification for the correction to the record. If there is a correction to the reasons for a peace officer's separation, the request for correction must be accompanied by a revised Affidavit of Separation, POST 2-357, if the initial separation date was on or after January 1, 2023.
(2) Reinstatements
Should a terminated individual be mandatorily reinstated, the agency shall notify POST in writing within ten days of the change in personnel action. The agency shall submit notification to POST in writing indicating a correction to the record in the POST EDI system, along with a copy of the official reinstatement documentation.
(c) Disqualification Notification Requirements
(1) Investigating Agency
Whenever a peace officer or former peace officer is convicted of a crime, or for any reason specified in Government Code Section 1029 that disqualifies the individual from being employed as a peace officer, POST shall be notified in writing within ten days of the final disposition.
(2) Documentation
The written notification shall be submitted to POST and include:
(A) Name of the peace officer or former peace officer,
(B) Reason for disqualification pursuant to Government Code Section 1029,
(C) Case number,
(D) Name of the adjudicating court,
(E) Date of adjudication,
(F) Copy of the official documentation substantiating the disqualification (i.e., settlement agreement, civil service agreement or court order showing the parties involved in the action, summary or action page that states the action to be taken by the agency, the page of the court order bearing the official signature(s) and the conclusion), and
(G) Law enforcement department responsible for the investigation.

Credits

Note: Authority cited: Sections 13506, 13510.1 and 13510.9, Penal Code. Reference: Sections 13510.1, 13510.3, 13510.9 and 13512, Penal Code.
History
1. Change without regulatory effect renumbering and amending former section 9040 to new subsections 1003(a)-(b)(2) and renumbering and amending former section 9041 to new subsections 1003(c)-(c)(1)(G) filed 11-26-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 48). For prior history, see Register 2008, No. 40.
2. Change without regulatory effect amending subsections (a)(1)-(b)(1), (c)(1) and (c)(2)(A)-(G) filed 12-9-2015 pursuant to section 100, title 1, California Code of Regulations (Register 2015, No. 50).
3. Change without regulatory effect amending subsection (a)(1) filed 8-2-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 32).
4. Amendment of section and Note filed 11-3-2022; operative 1-1-2023 (Register 2022, No. 44).
5. Amendment of subsection (a)(1)(B) filed 8-2-2023; operative 8-2-2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 31).
6. Amendment of subsection (a)(1)(A)1.a. and new subsections (a)(1)(A)1.b.-c.2) filed 9-11-2023; operative 9-11-2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 37).
7. New subsections (a)(1)(C)-(a)(1)(C)1.c., amendment of subsections (b)(1)-(2) and amendment of Note filed 2-6-2024; operative 2-6-2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 6).
8. Change without regulatory effect amending subsection (a)(1)(A)1.c.2) filed 2-14-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 7).
This database is current through 5/17/24 Register 2024, No. 20.
Cal. Admin. Code tit. 11, § 1003, 11 CA ADC § 1003
End of Document