(a) During an interrogation of a peace officer under investigation by the division, the peace officer shall have the following rights:
(1) The peace officer shall be informed of the nature of the investigation prior to any interrogation.
(2) The peace officer will be given no less than three business days' advance notice of the date, time, and location of the interrogation, unless there are unforeseen or exigent circumstances which prevent such notice in which case advance notice shall be given to the extent practicable.
(3) The peace officer has the right to representation during the interrogation by a representative of their choice who may be present at all times during the interrogation. The representative shall not be a witness or a subject of the investigation.
(4) The interrogation of a peace officer may be recorded. If a recording is made of the interrogation, the peace officer shall have access to the recording if any further proceedings are contemplated or prior to any further interrogation at a subsequent time.
(5) The peace officer under interrogation shall be allowed to attend to their own personal physical necessities.
(b) The commission shall accept complaints from members of the public regarding peace officers or law enforcement agencies.
(1) Public complaints shall be submitted to the commission via one of the following:
(A) The Commission on Peace Officer Standards and Training (POST) website.
(D) United States Postal or Courier Services.
(E) In person at POST during regular business hours.
(2) Upon receipt of a public complaint, the division shall review the allegation of misconduct against the peace officer, identify the employing agency, and process the complaint as follows:
(A) If the allegation does not rise to the level of serious misconduct as defined, the division may administratively close the file.
(B) If during the employing agency's investigation, it is determined that the complaint, charge, or allegation could render a peace officer subject to suspension or revocation of the peace officer's certification, the agency shall report the allegation to the division, in accordance with Commission Regulation 1207.
(c) Unless determined otherwise by the commission, the employing agency shall have primary responsibility for completing investigations into alleged serious misconduct.
Credits
Note: Authority cited: Sections 13503, 13506, 13509.5, 13509.6, 13510.1, 13510.8 and 13510.85, Penal Code. Reference: Sections 13509.5, 13509.6, 13510.1, 13510.8 and 13510.85, Penal Code.
1. New section filed 5-5-2023; operative 5-5-2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 18).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 11, § 1206, 11 CA ADC § 1206
