La. Admin. Code tit. 22 § III-4733

Current through Register Vol. 50, No. 11, November 20, 2024

Section III-4733 - Suspension of Certification

A. The POST Council may consider the suspension of a peace officer's certification when an incident involving the officer has been referred to it for review.

B. A referred incident is an incident:

1. which has been investigated; and

2. where the investigation has resulted in evidence of misconduct or violation of law; and

3. where either:

a. the law enforcement agency head has referred the incident to the POST Council for review; or

b. a district attorney, or the attorney general has referred the incident to the POST Council for review; or

c. an official acting in their elected/appointed capacity, such as a judge or mayor, has referred the incident to the POST Council for review.

C. Referred Incidents Subject to Review

1. The POST Council may conduct a suspension hearing to review referred incidents involving misconduct, as found by a court or law enforcement agency, which includes:

a. violation of any statute or ordinance; or

b. use of excessive force; or

c. dishonesty or deception in violation of statute, ordinance, or policy of the employing law enforcement agency; or

d. biased or prejudicial misconduct against one or more individuals based on the individual's race, color, sex, pregnancy, age, religion, national origin, disability, sexual orientation, or gender identity; or

e. failure to perform duties and/or willful neglect of duties; or

f. misuse of authority.

2. The POST Council shall conduct a suspension hearing to review referred incidents involving misconduct, as found by a court or law enforcement agency, which includes:

a. conviction of violation of any statute or ordinance; or

b. resignation from an employing agency in lieu of termination or while under investigation; or

c. involuntarily terminated from an employing agency for cause; or

d. failure to meet annual POST in-service training requirements.

3. The POST Council may not suspend or revoke the certification of a peace officer for a violation of statute or ordinance, or a violation of the employing law enforcement agency's policies, that does not include misconduct listed in Paragraphs 1 or 2 above.

4. Due process requirements by law shall be afforded to the peace officer whose misconduct is under review.

D. Emergency Suspensions

1. Upon arrest or indictment of a peace officer for any crime which is punishable as a felony, the chairman of the POST Council may order the emergency suspension of the peace officer's POST certification, upon their determination that the suspension is in the best interest of the health, safety, or welfare of the public.

2. The order of emergency suspension shall be made in writing, and specify the basis for the chairman's determination. The emergency suspension order of the chairman shall continue in effect until issuance of a final decision of the POST Council or when such order is withdrawn by the chairman/POST Council.

E. Any hearings conducted by the council or appeal by an officer are conducted by rules and regulations established by the council.

1. An officer subject to a suspension hearing shall be duly notified at least 30 days in advance of the hearing by the council.

2. The council may take testimony and evidence during the hearing, and make findings of fact and conclusions of law.

3. The council shall notify the officer and the officer's employing agency regarding any decision.

4. Suspension hearings conducted the council can be conducted during a regularly scheduled meeting.

F. Conditions of Suspension

1. A suspension cannot begin sooner than the date of the misconduct.

2. A suspension may be ordered to run concurrently or consecutively with any other suspension.

3. Any suspension period cannot extend beyond 36 months (3 years).

G. Reinstatement after Suspension

1. A suspension issued for "failure to meet annual POST in-service training requirements" shall be automatically withdrawn upon confirmation that required training has been completed within the prescribed timeframe or by the issuance of a waiver by the POST Council. The peace officer's POST certification will be immediately reinstated, provided there are no other existing suspensions.

2. If the POST Council/staff is informed that criminal charges are dropped, withdrawn, or dismissed, the suspension is automatically removed. The peace officer's POST certification will be immediately reinstated, provided there are no other existing suspensions.

3. Any peace officer has the right to request an appeal of decision after being suspended or revoked by the POST Council. The request shall be submitted in writing to the POST Council, and include the reasons/justification for the reinstatement.

La. Admin. Code tit. 22, § III-4733

Promulgated by the Office of the Governor, Commission on Law Enforcement and Administration of Criminal Justice, LR 481275 (5/1/2022).

AUTHORITY NOTE: Promulgated in accordance with R.S. 15:1204 and R.S. 15:1207.