Officer Discipline & Decertification

The Problem

Too often, officers involved in high-profile police uses of force have an extensive history of complaints and misconduct (this is true of both the Minneapolis police officer who murdered George Floyd, who had at least 18 prior complaints, and the Cleveland officer who killed 12-year-old Tamir Rice, as well as many others).  One reason for this outrageous, and outrageously common, practice is that the state Peace Officer Standards and Training Boards (“POST boards”) responsible for licensing police officers may lack the power to impose real discipline. Some states’ POST boards cannot suspend or revoke licenses for officers’ misconduct at all, other states’ POST boards can only do so in exceptionally narrow circumstances, or in many states, POST boards simply never learn about misconduct in the first place. 

The Solution

The Policing Project’s model statute empowers POSTs to both hold officers accountable after misconduct and to prevent certain officers with a history of wrongdoing from getting hired in other jurisdictions. The statute first ensures that officers with a history of serious misconduct are no longer able to carry a badge and gun or to be hired in adjacent careers. The statute also requires law enforcement agencies to conduct investigations before hiring new officers. In addition, law enforcement agencies must inform POST boards of officer misconduct information; POST boards, in turn, are responsible for publishing most complaints, including their statuses and outcomes, to the public. 

To view our two-pager summarizing the key provisions of this statute, click here. 

To read the Policing Project’s Act Regulating Law Enforcement Officer Screening, Discipline, and Decertification, click here.