Law enforcement agencies, like all employers, encounter allegations of employee misconduct requiring neutral investigations. Unlike at corporate employers, law enforcement agency investigations are closely scrutinized by government regulators, increasing the onus on investigators to deliver comprehensive, accurate reports.

Each state in the nation has unique standards and structures for peace officer training, certification, licensure, and management, such as California’s Commission on Peace Officers Standards and Training (POST).

California Senate Bill 2 (SB-2)

California Senate Bill No. 2 (SB-2) passed in 2021 to increase accountability for peace officer misconduct and establish a process to revoke officer certification for serious misconduct. Before SB-2, an officer fired by one agency could be hired by another.

SB-2 increased POST’s responsibilities, establishing standards by which POST could suspend or revoke an officer’s certification. The Peace Officer Standards Accountability Division was established within POST to review investigations conducted by law enforcement agencies and conduct independent investigations into officer misconduct.

Training Investigators to Comply with SB-2

California POST employs a staff of investigators, called Law Enforcement Consultants (LECs), whose duties were expanded significantly under SB-2. To help the LECs develop the necessary skills to fulfill their new responsibilities, POST’s leadership invited PII to develop and deliver a training program on conducting neutral investigations of alleged police misconduct and drafting effective reports.

Keith Rohman and Cathleen Watkins delivered a three-day training to a large audience of POST LECs, staff, and management. “The Sum of the Parts – Investigative Report Writing” covered the entire investigative process, from identifying factual allegations and serious misconduct charges to understanding bias, drafting findings of facts, and testifying.

This practical training’s framework was based on PII’s operating model, where the investigation process is conducted with great consideration of the final report, and a fictitious allegation of office misconduct in the imaginary town of Sparrow, California. Key segments included:

• The proper use of credibility assessments in investigation reports.
• Interview techniques, including insights from mental health professionals.
• Strategies for testifying effectively about POST investigations to the new civilian review board established by SB-2.

Elevating POST’s Investigative Skills

It was fascinating presenting to an audience with the POST LECs’ caliber of experience. Virtually every participant had at least 15 or 20 years of law enforcement experience in positions ranging from local sheriff’s departments to retired FBI Special Agents.

One participant called the training “groundbreaking” for the LECs, as it got them thinking more deeply about evidence-based analysis. A POST manager described the training as “super helpful [and] productive.” We are honored to have been offered the opportunity to make a difference.

For more information, please contact Keith Rohman at rohman@piila.com or (213) 482-1780.