1. P.O.S.T. SANCTIONING and HEARING PROCESS

2. Timeline MUST REPORT WITHIN15 DAYS FROM THE DATE OF INFRACTION OR DISCIPLINARY ACTION

3. Who is Responsible for Reporting 1- THE OFFICER 2- THE AGENCY IF OFFICER CURRENTLY EMPLOYED 3- THE ARRESTING AGENCY

4. SANCTIONING PROCESS  1-Allegations How does POST get them a- Agency reports to POST by C-11 (please use the C-11 to tell us what the employee did), agency letter, arrest/booking or incident report or ANY charging document  reported to POST

5.  B- under applications for P-2 POST discovers information about prior criminal charges/convictions or “less than honorable” military discharge  C- discharge from academy

6.  2- Determine the applicability of OCGA 35-8- 7.1 3- Case Assigned to Investigator by geographic district A- Letter sent to officer concerning allegation B- Copy sent to agency if officer is still employed (HB203) C- Officer responds to allegations with letter or interview with investigator

7.  D- Officer requests more time to respond  E- Investigator retrieves applicable evidence (IA files, witness list and statements, video or audio evidence)  F- Criminal/Military documents (after adjudication) NOTE: Under OCGA Title 35 agencies are required to cooperate

8.  4- Investigator completes and submits case summary to Probable Cause Committee (summary does NOT contain name, age, or agency identifiers) 5- PCC makes sanction recommendations to full POST Council

9. Reasons for Sanctions  Candidate or Officer  1- Failed to demonstrate the qualifications or standards for certification (Example: No High School diploma from an Accredited School, GED, or citizenship-OCGA 35-8-8)  2- Knowingly made misleading, deceptive, untrue, or fraudulent representations in either the practice or obtaining certification  3- Been convicted of a felony

10.  4- Committed a crime of moral turpitude, without regard to conviction (Ex.:Pre-trial Intervention, 1 st Offender…)  In Ga. Moral Turpitude is defined as “being contrary to justice, honesty, modesty, good morals or man’s duty to man.” * Handbook of Criminal Evidence

11. 5-Had his/her certification revoked, suspended, annulled, or denied by a licensing or certifying authority in state or out of state 6- ENGAGED IN ANY CONDUCT OR PRACTICE THAT COULD BE HARMFUL TO THE PUBLIC

12.  7- Violated or attempted to violate a law, rule, or regulation of this state or any other state or lawful authority  8- Committed any act or omission indicative of bad moral character or untrustworthiness (Ex.: Lying, Cheating, and Stealing)  9- Been adjudged mentally incompetent

13.  10- Become unable to perform as a peace officer because of illness, injury, alcohol, drugs narcotics or chemicals  11- Been suspended or discharged by officers employing agency for disciplinary reasons (Agency Issues)

14. POST COUNCIL SANCTIONS  Deny certification  Public Reprimand  Suspend Certification  Limit or Restrict Certification (example: Instructor or radar)  Revoke Certification and/or withhold Revocation and place on probation  Apply Conditions to keeping Certification (ex.: ethics training)

15. POST Council Sanctions from July 1, 2015- Jan. 10, 2016 Cases Opened……………. 794 Cases Closed………………616 Denied Applications………...74  Surrender Certification(s)….15  Revoke Certification(s)……348  Suspensions………………….4  Probation…………………..161  Deny Certification(s)………74  Emergency Suspensions…139

16. Sanctions Continued FY 2015 from July 1, 2014 to June 30, 2015 Cases Opened…………..1643 Cases Closed……………1068 Denied Applications………87 Surrendered Certifications..28 Revoked……………………471 Suspensions………………..12 Probation……………….......246 Deny Certifications…………12 Emergency Suspensions…..178

17. What POST Needs From YOU  EVIDENCE: written statements from officer, witnesses, whoever.(Notarized if possible)  Explanations of misconduct  Video (if available)  Social Network evidence ( if applicable)  Phone Logs (if applicable)  ANYTHING THAT PROVES YOUR CASE!

18. HEARINGS PROCESS under OCGA Title 50  1- Officer notified via certified mail of council imposed sanction to last known address and if still employed the Agency Head, DA, and Solicitor notified per HB203  2- Officer has 30 days to both request an appeal of the sanction and file a notarized response

19.  3- Case forwarded to POST Hearings Division to schedule hearing  4- File copied and forwarded to Attorney General’s Office for review  5- Pre-Hearing Conference held with Officer, AG representative and POST Hearing Officer

20.  6- As a result of the hearing either a settlement is reached and consent decree approved by both Executive Director and Council Chairman………….OR  Settlement not reached and case is forwarded to Office of State Administrative Hearings

21.  7- Administrative Law Judge (ALJ) decision is same as Council which constitutes Final Action…..OR ……ALJ decision is different than Council so case reverts back to POST for Final Agency Review  8- Council either sides with ALJ decision or votes to uphold its initial decision and provide written reasons for their decision  9- Officer may appeal either the ALJ decision or Council decision in Superior Court

22. Hearings Process Continued  If Superior Court decision is different from Council, then case GOES BACK to POST for another Final Agency Review. Council can either go with Superior Court Decision or not. If not, then defendant can appeal to the State Court of Appeals.  The same process as above applies again, but the appeal is to the State Supreme Court. (Ex.- Baker Co. Sheriff)

23. Pre-Consent Order (New)  For Some POST Violations POST will offer appropriate sanctions based upon past POST disciplinary decisions prior to going through the investigative process.  (Ex.: DUI in a personal vehicle)

31. Help POST Help You **THE MORE CORROBORATED INFORMATION THAT POST CAN GET UP FRONT WILL MAKE THE PROCESS MOVE MUCH FASTER.

32. THANK Y’ALL FOR WHAT YOU DO FOR GEORGIANS