During the 2019 legislative session Senate Bill 19-166 was passed, expanding the P.O.S.T. Board's jurisdiction to revoke certification for official findings of untruthfulness. Historically the P.O.S.T. Board had limited purview over reasons to remove certification from peace officers. Nearly all revocations have been due to felony convictions and a specific list of misdemeanor offenses. At first glance, the topic of untruthfulness may sound like a Brady"[1] matter, but in fact it is not. While there may be some overlap, there are very specific requirements outlined in the legislation, unlike the application of the Brady Rule. In addition, the Board will ensure that due process is followed to ensure fair and objective application of the statute.
Effective August 2, 2019, the Colorado P.O.S.T. Board shall revoke certification when the certificate holder has knowingly made an untruthful statement concerning a material fact OR omitted a material fact:
- On an official criminal justice record.
- While testifying under oath.
- During an internal affairs (I.A.) investigation OR
- During an administrative investigation and/or disciplinary process[2]
The law enforcement agency that employs OR employed[3]the certificate holder shall notify P.O.S.T. once the following has occurred:
- Completion of an administrative process, as defined by a published policy in effect at the time of the untruthful statement concerning a material fact OR omission of a material fact.
- Determination by a clear and convincing standard of the evidence through an administrative investigation and disciplinary process that the certificate holder knowingly made an untruthful statement concerning a material fact OR knowingly omitted a material fact:
- on an official criminal justice record, OR
- while testifying in court, OR
- during an I.A. investigation OR
- comparable administrative investigation.
- The certificate holder has elected not to exercise his or her rights to a disciplinary processOR has exhausted the internal disciplinary appeal rights provided by his/her employer.
A new form (Form 13) is available on the P.O.S.T. website for LEA's to provide notification regarding any matters that meet the aforementioned criteria of untruthfulness.
After P.O.S.T. receives the completed Form 13 from the agency, the certificate holder will be notified. At that point, the certificate holder may request a hearing or forgo their right to a hearing. P.O.S.T. will then determine if decertification is appropriate.
If you have questions about this law, the implementation, or your responsibility, please contact POST at: certification@coag.gov
ou can also refer to our Decertification for Untruthfulness FAQ page for more information.
To read the full legislation, click here: Untruthfulness Law SB19-166
Click here for a Untruthfulness Law PowerPoint.
[1] Brady Disclosure - exculpatory or impeaching information and evidence material to guilty or innocence or punishment of defendant. (1963 Brady v. Maryland) Law enforcement has affirmative duty to report any information impacting credibility.
[2] Administrative Investigation and Disciplinary Process means an employer's formal process of internal control that assures that an allegation of violation of employer rules, policy, procedure, or other misconduct or improper actions by an employee are subject to a complete and objective investigation resulting in findings of fact and disciplinary action for any substantiated violation.
[3] The LEA employing or the last LEA to employ the accused peace officer, unless accused peace officer has not been employed by the LEA for at least six months preceding the date of notification of allegation, in which case LEA may investigate allegation.