Utah Peace Officer Standards and Training
In-Service Training
Decertificaiton Process
History
In 1983, the POST Council recognized the need for Law Enforcement to govern it's own. With the advice of the Council POST began developing a program that would enable POST to investigate Utah Law Enforcement Officers and make recommendations to the Council for disciplinary action. Developing a process that would work for Utah was complicated. POST worked in unison with the Attorney General's Office to write the rules and implement the law necessary to make a workable program. The POST Council reviewed proposal and protocol monthly for over a year. Eventually, a process was developed and implemented. The outcome wasn't the final product but great strides were accomplished in protecting the rights of the individual.
When Does POST Begin An Investigation?
Utah law states that POST may initiate an investigation when it receives an allegation that grounds for refusal, suspension, or revocation of certification exists. The initial allegation may come from any responsible source. The following procedures apply by state law if POST receives information and determines the information to be trustworthy:
What Happens After The Investigation Is Completed?
After the investigation is completed, a decision is made by the POST administrative staff as to which of two actions to take. 1. POST finds no cause for action. If no action is taken, the individual and his/her department if applicable will be notified by letter that POST has completed its investigation and finds no cause to take any further action. 2. POST finds cause for action. Sometimes, cause for certification action is obvious and would not be questioned by anyone including the person the action is to be taken against. Many times however, it's not so obvious, and some do not agree that action should be taken or disagree with the action decided upon.
Commencement Of The Adjudicative Proceedings
An Administrative Complaint accompanied by a Notice of Agency Action is sent to the individual and the employing agency's administrator if applicable. The Administrative Complaint sets forth the allegations complained of by POST and must be signed by the Chairman of the POST Council. At the same time the individual is also sent a Consent Agreement. The Consent Agreement gives the person the opportunity to accept the decision of the POST Director rather than pursue an Administrative Hearing. If an individual chooses not to sign a Consent Agreement and wants a hearing, a hearing will be provided in front of an Administrative Law Judge. The recommendation of the Administrative Law Judge will be presented to the POST Council. The Council may accept or reject the recommendation and can issue any alternative recommendation desired. After the Council has made its decision, the Council will issue and file its decision with the Director of POST.
Director’s Final Order
When a majority of the Council recommends to refuse, suspend or revoke a person's Peace Officer, Correctional Officer, Reserve/Auxiliary Officer, or Special Function Officer Certification, or to take no action against the person, the Director will prepare and issue a final order within 30 days of the Council's decision.
From Start To Finish, How Long Does The Process Take?
It is possible to take up to a year or more before a case can be completed. The process is careful to provide due process rights to the individual.
One Last Thought
The POST administrative staff and the POST Council constantly try to balance compassion for the individual with the duty to protect the police profession and the public trust. As trite as it might sound, it is a tough job, but somebody has to do it.