Officers who commit misconduct should lose their certification, says retired LAPD Sergeant
As a retired police sergeant, it’s easy for me to understand why people do not trust law enforcement. We’re made to enforce laws that fuel poverty and put people who would be better served by social programs behind bars. This rift is worsened by our failure to hold the worst among our ranks accountable when they make grave mistakes.
There is hope, though. Legislators and law enforcement professionals are joining the call for higher standards in policing to make police more accountable to the communities we are tasked with serving. California is considering Senate Bill 2, the Kenneth Ross Jr. Decertification Act, which would decertify officers who have committed serious misconduct and take away their right to serve as police.
Having served Los Angeles for 20 years as a police officer, I support this bill because the police badge should not be used as a weapon to abuse power, or as a shield from owning our mistakes.
SB 2 isn’t radical. In fact, 46 other states have a process for police decertification — some that have been in place for decades. The bill would create a strong system in California that allows the state to revoke the certification of a police officer who commits serious misconduct, including officers who are fired or resign before an investigation can be concluded.
An officer who commits the serious misconduct addressed in SB 2 — including excessive force, witness intimidation, sexual misconduct, racial profiling, participation in police gangs and dishonesty — has no business moving on to another department a few towns over. A Yale study found that “wandering officers” who move from one agency to the next are significantly more likely to incur serious misconduct complaints than officers who have never been fired.
SB 2 ensures that after an officer’s certification is revoked, they will be unable to serve again in California. All records pertaining to their decertification would be made public to ensure they are not able to move to another community — a critical step to ensure this process keeps these individuals out of our ranks. Other states would also have access to this information through the National Decertification Index.
SB 2 treats decertification as a serious consequence and provides officers with multiple layers of due process. Staff at the Commission on Peace Officer Standards and Training will review and investigate grounds for decertification and make a recommendation. Officers are notified of their findings and can request a review. The final recommendation must receive approvals from a predominantly law enforcement commission, as well as a predominantly civilian advisory board that reflects a broad group of stakeholders including community members and academics. The final decertification decision is made by an administrative judge after a full hearing.
This is what due process looks like — a transparent and thorough system of review and accountability.
After years of calls to reform policing, it’s more important than ever that the people we serve know we are listening to their concerns and changing our ways. The community must trust that the changes we make will keep them safe. SB 2 would give victims of misconduct peace of mind knowing that the officers who hurt them will not have the opportunity to abuse police authority again.
We must continue our work to change police culture — the daily experience of officers whose jobs are already difficult without the public’s anger and skepticism of our commitment to accountability.
Accountability is more than an apology. It is exhibited in our actions, not just our words. It is the steps we take to make right with the people we have hurt, realign our conscience and prevent future anguish. To help heal communities we must hold officers to the highest standards.
While there is no perfect solution, decertification starts us on a path toward repairing harm and improving safety. California must join 46 other states with a decertification process.