1 Georgia Peace Officer Standards and Training Council Executive Director's Message The Honorable Sonny Perdue, Governor Members of the Georgia General Assembly Citizens of the State of Georgia I respectfully submit the Fiscal Year 2008 Annual Report of the Georgia Peace Officer Standards and Training Council. The Council is committed to being recognized as a leader in the law enforcement community. This leadership is being accomplished through the various initiatives that P.O.S.T. has implemented. The development of a Law Enforcement Officer Certification Examination is currently underway by the P.O.S.T. Operations Division. This test shall serve to ensure uniformity of the training and learning processes of all basic law enforcement graduates. We are making headway in phase II of this project, which involves the development of test questions. The exam will assist in measuring the quality of training provided at each of the P.O.S.T. certified academies. P.O.S.T. has also made great strides in the investigation process. The Investigations Division currently has ten investigators serving regions throughout the State. During this period 1,431 cases were opened, and on an average 64% of cases were disposed of in less than nine (9) months. In FY08, the Certification and Training Division continued agency training sessions on the certification process. Over 650 individuals were trained from over 300 agencies, and over 2000 individuals were trained during the 18 month period beginning in January 2007 to June 30, 2008. The Certification and Training Division implemented several cost saving procedures which included: Streamlined course authorization process for basic law enforcement Updated application format that can be completed in either Micro Soft Word or ADOBE software applications Notified individual officers and their agencies via email that their application for certification process was not complete due to missing fingerprint results I am proud of Georgia P.O.S.T. Council's accomplishments for Fiscal Year 2008. It is my desire that as you read this report you will see that we are committed to the law enforcement community and to the citizens of Georgia. We look to the future with excitement, knowing that there are many goals yet to be realized. Respectfully Yours, Ken Vance, Executive Director 2 MISSION It is the mission of the Georgia Peace Officer Standards and Training Council (P.O.S.T.) to provide the citizens of Georgia with qualified, professionally trained, ethical and competent peace officer and criminal justice professionals. The Georgia P.O.S.T. Council administers the regulatory process, sets the standards for training and certification, and provides essential technical assistance to the law enforcement community. The Georgia P.O.S.T. Council provides the highest degree of excellence in public safety service and eliminates unqualified individuals from the law enforcement profession. VISION P.O.S.T. envisions a professionally trained and ethical criminal justice profession. P.O.S.T. accomplishes this by: 9 Establishing and implementing high standards, developing and facilitating contemporary training curricula and programs. 9 Holding criminal justice professionals to a higher standard. 9 Providing the citizens of Georgia with the best protection in the nation. 3 Georgia P.O.S.T. Council The Georgia Peace Officer Standards and Training Council (P.O.S.T.) was established in 1970 by the Georgia General Assembly as a regulatory body. The composition of the Council, its power, and function is established in Title 35 Chapter 8 of the Official Code of Georgia, Annotated. The Council consists of nineteen voting members and is supported by an advisory board. The voting members include: Sheriff Mike Yeager, Chairman Sgt. Dolly Johnson, Vice-Chairman Commissioner Walker T. NormanSecretary Mayor Margaret Evans Commissioner Tom McMichael Sheriff Phil Miller Chief Roy Whitehead Lt. Steve Hyman Sheriff Jerry Lancaster Mayor Bill Trapnell Inspector Garry Moore Mr. Don Banks Chief Dwayne Orrick Warden Vanessa Hester-O'Donnell Sheriff Mike Jolley Lt. Col. Homer Bryson Mr. Milton Nix, Jr. Director Michael Nail Colonel Bill Hitchens A Peace Officer A Municipal Police Officer Other than a Chief of Police Association County Commissioners of Georgia or Designee A City Manager or Mayor A County Commissioner A County Sheriff Chief of Police A Municipal Police Officer other than a Chief of Police A Peace Officer President of the Georgia Municipal Association Or Desingee Director of the Georgia Bureau of Investigation or Designee Member other than the Attorney General President of the Georgia Association of Chiefs of Police President of the Georgia Prison Wardens' Association President of the Georgia Sheriffs' Association President of the Peace Officers Association of Georgia The Chairman of the State Board of Pardons and Paroles or Designee The Commissioner of Corrections or Designee The Commissioner of the Department of Public Safety 3 4 Georgia P.O.S.T. Council Advisory Members The advisory members are appointed by the Council Chairman, and it is their responsibility to serve in an advisory capacity and represent a cross section of the criminal justice system. The advisory members are: Honorable Burke Day Legislative Chairman of the House Public Safety Committee Director J. Dale Mann State Officer Georgia Public Safety Training Center Executive Director Frank V. Rotondo Association Director Georgia Association of Chiefs of Police Executive Vice President Terry Norris Association Director Georgia Sheriffs' Association Mr. Ronnie Lane Dr. David Camp Juvenile Correction Department of Juvenile Justice Officer Academician Georgia State University Chief Jimmy Williamson Campus Police University of Georgia Police Department Marshal Steve Smith Marshal Richmond County Marshal's Office Vacant Lt. Colonel Homer Bryson Public Safety Dispatcher State Officer Georgia Department of Natural Resources 5 Georgia Peace Officer Standards and Training Council Sheriff Mike Yeager, Chairman Sgt. Dolly Johnson, Vice-Chairman Walker Norman, Secretary Training Standards Committee Bill Hitchens, Chairman Jerry Lancaster, Vice-Chairman Homer Bryson Vanessa Hester-O'Donnell Margaret Evans Steve Hyman Billy Trapnell Advisory Members: Rep. Burke Day Dale Mann Steve Smith Terry Norris Probable Cause Committee Dolly Johnson, Chairman Michael Nail, Vice-Chairman Mike Yeager Milton Nix, Jr. Phil Miller Dwayne Orrick Executive Committee Mike Yeager, Chairman Dolly Johnson, Vice-Chairman Walker Norman, Secretary Dolly Johnson, PCC Milton Nix, Jr. Certification Bill Hitchens, Training Stds. Finance Sub-Committee Mike Yeager Dolly Johnson Certification Committee Milton Nix, Jr. Chairman Tom McMichael, Vice-Chairman Walker T. Norman Mike Jolley Garry Moore Don Banks Roy Whitehead Advisory Members: Dave Camp Frank Rotondo Ronnie Lane Jimmy Williamson The Council is divided into four committees: 1. Executive Committee 2. Probable Cause Committee 3. Certification Committee 4. Training Standards Committee The committees meet, and make recommendations to the Council. The Council meets on a quarterly basis and makes their decisions based upon each committee's recommendations. 6 Georgia P.O.S.T. Council Staff Executive Director The Council's rules and policies are executed by a professional and clerical staff, which operates under the supervision of the Executive Director. The Executive Director is responsible for planning, organizing and directing the administration of a statewide program involving over 53,000 officers actively employed by over 900 agencies. Appointed by Governor Sonny Perdue as Executive Director of the Georgia Peace Officer Standards and Training Council, August 15, 2007 - Present Georgia College & State University, Director of Public Safety/University Police Chief, October 1, 1982 August 15, 2007 City of Milledgeville- Councilman, 1981 - Present Baldwin County Board of Education, High School English Teacher, 1980-1985 Baldwin County Sheriff's Department, Deputy Sheriff, 1976-1982 Monroe Police Department, Peace Officer, 1975-1976 Peace Officer Standards & Training Council-Executive Board- Chairman & Vice-Chairman: Probable Cause Committee-Chairman State of Georgia Municipal Training Institute-Chairman, 8 years State of Georgia E-911 Board Georgia Municipal Association Board of Directors University of Arkansas, Master of Fine Arts Georgia College, Bachelor of Arts Young Harris College, Associate of Arts Degree 7 P.O.S.T. Council Organizational Chart Georgia Peace Officer Standards and Training Council Rick Gardner Budget Administrator Ken Vance Executive Director NeeNah Yarbrough Executive Assistant Investigations Assistant Denise Hudson Director of Investigations Brad Pope Director of Certification and Training Mitch Jones Administrative Hearings Wayne Melton Director of P.O.S.T. Operations Ryan Powell Pre-Investigation/ Admin Marilyn Wiseman District 1 Julie Lewandowski District 2 Willie Evans District 3 Bonnie Bargeron District 4 James McCue District 5 Carl Ellis District 6 Mickey Goins District 7 Leevan Kirk District 8 Robert Fuller Corrections Nora Byars District 10 Part-time Tommy Keheley Operations Analyst Doug Fleming Certification Specialist Lois Mitchell Certification Specialist Wendy Izenour Certification Specialist Lena Weaver Receptionist Diane Gaddis Correction Certification Specialts(3) Operations Analyst Lara Hollister Systems Manager Neal Lewis Records Custodian Azra Keeling Programmer/ Analyst Jacque Wells 8 Purpose The purpose of the Georgia P.O.S.T. Council is to ensure that only qualified and welltrained persons are certified as peace officers in this state. In order to attain the goals, the Council has been given the statutory authority to enforce those qualifications and training requirements enumerated by laws to: 9 Research, plan, and establish policy relative to peace officer training 9 Develop, adopt, and issue advanced or professional peace officer certificates based on education, training, and experience 9 Determine whether a peace officer candidate has met legal pre-employment and training requirements 9 Refuse to grant a certificate or to discipline certified peace offices and exempt officers who have not met or have failed to maintain the minimal standards of acceptable and prevailing practices of peace officers 9 Provide technical assistance as requested by law enforcement units 9 Provide and administer the certification of persons qualified to operate speed detection devices and withdraw and suspend such certifications 9 Establish minimum qualifications for school directors and certify those qualified 9 Certify instructors and withdraw or suspend such certifications 9 Establish and modify the curriculum, including methods of instruction, composing the basic course 9 Evaluate schools annually for recertification 9 Withdraw or suspend certification of schools or school directors who fail to continue to meet or maintain, at any given time, the criteria and qualifications required 9 Enforce those qualifications and training requirements enumerated by laws 9 Ensure standards are maintained by peace officers 9 Take corrective action against officers who violate standards 9 Develop and adopt quality training for all peace officers The staff of the Georgia P.O.S.T. Council consists of the Executive Office and three divisions: Certification and Training Standards Division Investigations Division P.O.S.T. Operations 9 Certification and Training Standards Division The primary function of the Certification and Training Standards Division is to ensure compliance, by agencies and peace officers, of qualifications and training requirements enumerated in the P.O.S.T. Act. Some major responsibilities include: Process applications for peace officer certification Issue of basic certification Certify speed detection device operators Provide technical assistance to agencies Processing of specialty certifications General and Specialty Instructors Certification Division Reports: Agency rosters Profile reports Individual personnel and training histories Radar rosters Certification of Peace Officers All employees of any agency that are granted the full rights and powers under the definition of a peace officer as defined by the P.O.S.T. Act must be certified by P.O.S.T. Peace officer applicants must complete ALL certification requirements before employment. Once the preemployment requirements are met, an authorization for training (POST FORM 2) is issued. Certifications issued by the Council include: BASIC CERTIFICATIONS Basic Law Enforcement GBI Investigator Sheriff Communications Officer Narcotics Agent Correctional Officer Probation Officer Parole Officer Jail Officer Registered (Grandfathered) Forensic Scientst (GBI only) Basic Juvenile Correctional Officer Municipal Probation Officer Communication Officer SPECIALTY CERTIFICATIONS Radar Laser Vascar Field Training Officer Identification Technician Chaplain Departmental Training Officer General & Specialty Instructors Career Development Certifications Arson Investigator Bomb Technician Handler of Animal Trained to Detect Explosives Senior and Master Instructor Trainer Recognition of Law Enforcement Agencies All agencies covered by the P.O.S.T. Act or those permitted to voluntarily comply with the Act can be recognized by P.O.S.T. Those requesting recognition must submit to P.O.S.T. a copy of the ordinance or law that established their authority as a law enforcement agency, along with a request for recognition from appointing authority. Once approved, the agency is supplied with an identification number and all paperwork necessary to conduct business with P.O.S.T. Georgia Peace Officer Standards & Training Council 10 CERTIFICATION PROCESS 1. Application Signed and Notarized 2. Criminal / Traffic History Complete 3. Background / Oath Information (pg.4 ) 4. Physician's Affadavit ( M.D./ Surgeon) 5. High School or GED Certificate 6. Military Information if Applicable 7. Entrance Exam Acceptance Letter 8. NCIC / GCIC Printout is Complete 9. Processed GCIC-FBI Fingerprint cards APPLICATION SUBMITTED AND REVIEWED TO DETERMINE IF QUALIFIED O.C.G.A 35-8-8 POST FORM 2 APPLICANT IS EMPLOYED BY A LAW ENFORCEMENT AGENCY APPLICANT COMPLETES MANDATORY BASIC TRAINING O.C.G.A. 35-8-9 CERTIFICATION AWARDED BY P.O.S.T. COUNCIL NOTIFICATION / COMPLETED POST FORM 2 SENT TO P.O.S.T. HEADQUARTERS ADVISING SUCCESSFUL COMPLETION NOTE: Candidates may complete Basic Training without being employed by an agency under the Pre-service Training Program. 11 P.O.S.T. Certification and Training Standards Division Mitch Jones Division Director Anna Holland Offsite Correctional Officer Certifications Lena Weaver Certification Specialist Lois Mitchell Certification Specialist Wendy Milton Certification Specialist Diane Gaddis Receptionist Doug Fleming Program Analyst Jail Officer Certification Communication Officer Certification SR. Deputy Certification Peace Officer Certification & Registration Municipal Probation Officer Certification Narcotic Agent Certification Sheriff Certification G.B.I. Certification Archive Records Liaison Juvenile Corrections Officer Certification & Registration F.T.O./I.D. Tech D.T.O & Arson Certification Speed Detection Certification Entrance Exam Processing Generalized, Guest & Specialized Instructor Certifications & Chaplin Cert. Senior & Master Instructor Certification Canine and Bomb Tech Certification Career Development Certification Retired Federal & Local L.E. Registration HR218 Firearms Requal. Cert. Processes 20hour Training Waivers Medical Disability Suspension CERTIFICATION STATISTICS PEACE OFFICER STATISTICS BASIC CERTIFICATIONS Peace Officer Chaplain Jail Officer Communication Officer Juvenile Correctional Officer State Correctional Officer Parole Officer Probation Officer GBI Agent TOTAL BASIC EXEMPT REGISTRATIONS Peace Officer (Retired) Federal Officer Jail Officer 2003 2004 2005 2006 1,877 22 1,410 386 563 1,118 1 58 5,435 1,625 13 1,133 450 442 1,202 31 94 4,990 1,679 20 973 350 490 404 13 67 3,996 1,690 13 1,335 405 522 2,486 64 142 6,657 5 4 6 1 38 29 17 8 9 0 3 0 2007 1,896 20 1,359 347 483 1,744 48 118 6,015 0 33 0 12 2008 2,275 15 1,872 400 514 2,086 38 111 42 7,353 7 19 0 TOTAL BASIC EXEMPT SPECIALTY CERTIFICATIONS Arson Investigator Field Training Officer Radar Operator Instructor I.D. Technician Laser Operator CAREER DEVELOPMENT Intermediate Advanced Supervisory Management Executive Senior Instructor Trainer Master Instructor Trainer Senior Deputy Departmental Training Officer Bomb Techs. & Animal Handler Jail Training Officer (NEW) Comm. Training Officer (NEW) TOTAL SPECIALTY CERT. 52 33 26 9 33 26 27 576 3,063 946 32 761 161 93 36 23 4 35 2 32 21 30 5,842 16 485 3,153 999 34 624 175 129 49 19 8 52 5 23 5 3 5,779 28 463 2,828 871 31 625 173 118 36 23 5 44 5 17 9 13 5,289 15 548 3,208 742 27 637 170 132 49 25 10 40 7 16 19 6 16 11 5,678 28 566 3,412 871 26 535 139 106 43 25 7 48 8 22 17 9 2 37 5,901 16 636 3,261 890 31 709 195 119 60 24 7 63 4 26 4 8 6 20 6,079 TOTAL ALL CERTIFICATIONS 11,329 10,802 9,311 12,344 11,949 13,458 13 Training Standards Division The Training Standards Division is responsible for the functions related to development, evaluation and management of peace officer training. Other major responsibilities include: Curriculum development, modification and maintenance Examination development and validation Administration of required exams Research and development Performing quality control functions on basic and advanced-level training Processing of school, school director, and functions relating to instructor certification Development and coordination of the Instructor Training Course Out-of-State course equivalency ratings for approval/disapproval Technical assistance to ten regional police academies Processing and evaluating new course recognition requests Special Operations of the Training Standards Division The Training Standards Division has additional responsibilities that ensure the peace officers of Georgia are receiving the highest quality and most up to date training that is available. These responsibilities include, but are not limited to: Continuous update of the Basic Law Enforcement Master Question Bank Continue to score and validate the POST Entrance Exam to guarantee compliance with E.E.O.C. guidelines and ensure that no adverse impact occurs with any protected classes of persons Process and review Basic Course Completion packages (50-60 yearly) to ensure compliance with POST rules and policy Process and review peace officers' requests for waiver of the 20 hour annual training requirement Note: Basic Includes Law Enforcement 783,443 Jail 147,726 Communication 16,520 Other 758,152 Specialized Includes Voluntary Cert. Courses Out of State Seminar 119,741 58,579 500,734 14 14 Training Hours Reported Inservice 1,357,591 30% Total Training Hours: 4,490,669 Basic 1,705,841 38% Career Dev. 207,350 5% Advanced 540,833 12% Specialized 679,054 15% P.O.S.T. Training Record Officers Trained Inservice 234,871 68% Advanced 33,191 9% Total Officers Trained: 351,276 Basic 7,759 2% Career Dev. 8,379 2% Specialized 67,076 19% Note: Basic Includes Law Enforcement 1,918 Jail 1,902 Communication 413 Other 3,526 Specialized Includes: Voluntary Cert. 2,980 Courses Out of State Seminar 3,026 61,070 15 Georgia Peace Officers Local Agencies 39,244 67% State Agencies 19,328 33% Total 58,572 Local Agencies State Agencies 16 Peace Officer Population by Government Type 20,000 18,000 16,000 14,000 12,000 10,000 8,000 6,000 4,000 2,000 - 19,328 16,387 13,705 4,875 4,277 State Sheriff Municipal Mis. Others County Police 17 Employed by State Agencies 12,000 10,000 10,132 8,000 6,000 4,000 4,184 2,000 1,801 1,204 729 513 426 339 - GDC DJJ Probation GSP Misc P & P DNR GBI 18 Investigations Division The Georgia Peace Officer Standards and Training Council has discretionary authority by law, to discipline officers. Disciplinary action is taken in the form of sanctions against an officer's certification. Action is based on the preponderance of evidence that they were in violation of the P.O.S.T. Act (O.C.G.A. 35-8 as amended). Discipline/Investigation of Officers This division is responsible for investigating terminations of officers, suspensions of more than 30 days, and alleged criminal involvement of any officer. The investigator then reports to the P.O.S.T. Council Probable Cause Committee (PCC) for further action/recommendation. The PCC recommends a sanction to the Council, which may include: (a) Revocation of Certification; (b) Suspension of Certification; (c) Probation; or (d) Sanctions as permitted by Law, (O.C.G.A. 35-8-7.1(11)). Audits of Law Enforcement Agencies P.O.S.T. audits agencies that fall under the P.O.S.T. Act for compliance with the Act. During fiscal year 2008 the Investigations Division performed 293 agency audits, which resulted in 1,810 compliance violations. Technical Assistance The investigation division also provides technical assistance to the law enforcement agencies and their officers in matters relating to the P.O.S.T. Act. C ase Statistics 1600 1400 1200 1000 800 600 400 200 0 Opened Com pleted FY 2005 914 1141 FY 2006 1360 1137 FY 2007 1334 1135 FY 2008 1431 1265 Opened C om pleted 19 GEORGIA PEACE OFFICER STANDARDS AND TRAINING COUNCIL Investigations Division 1. Allegation of Misconduct is Reported to P.O.S.T. 6. COUNCIL DETERMINES SANCTION 2. Investigations Director determines applicability to O.C.G.A. 35-8-7.1 5. Probable Cause Committee Recommendation Presented to Full Council 7. Officer is Notified via Certified Mail of the Council Sanction and his or her right to contest the action through the Hearing Process 3. Case is assigned to P.O.S.T. Investigator 4. Case Investigated and Presented to Probable Cause Committee 21 POST Cases, Based Upon Violation 11% 2% 3% 5% 4% 3% 10% 62% P.O.S.T. Regulations Employing Agency Issues Misdemeanors Property Crimes Sexual Behavior Drug Related Offenses Non-Violent Felonies Violent Felony Crimes 22 Hearings Officers are entitled to challenge sanctions imposed on their certification by the Georgia Peace Officer Standards and Training Council. The officer's due process is afforded through and administrative hearing in accordance with the Georgia Administrative Procedures Act (O.C.G.A. 50-13). Approximately 14% of the officers sanctioned by the Council appeal within the allotted fifteen (15) day period by filing a written request for a hearing. Once received, a "pre-hearing conference" is scheduled with the affected officer, the officer's legal representative, and a member of the Attorney General's Office. During a pre-hearing conference, a negotiated settlement is explored. The Attorney General makes a recommendation as to whether to proceed to a formal hearing or suggest an alternative. Unsettled cases are forwarded to the Office of State Administrative Hearings (O.S.A.H.). A Special Assistant Administrative Law Judge is assigned by the Chief Judge of O.S.A.H. to preside in a contested case and schedules a complete evidentiary hearing in the disputed matter. Upon conclusion, the Judge will render a "Final Decision" (conclusion is the same as Council's action) or an "Initial Decision" (conclusion differs from Council's action). Initial Decisions are reviewed by the Georgia Peace Officer Standards and Training Council through a "Final Agency Review". Officers may appeal all decisions in Superior Court as a matter of law. During Fiscal year 2008 there were 200 pre-hearing conferences held. POST settled a total of 169 cases, which includes current and previous year's matters. GEORGIA PEACE OFFICER STANDARDS AND TRAINING COUNCIL Administrative Hearings 23 OFFICER IS NOTIFIED VIA CERTIFIED MAIL OF SANCTION IMPOSED BY P.O.S.T. COUNCIL CASE IS FORWARDED FOR A PRE-HEARING CONFERENCE TO BE SCHEDULED FILE DUPLICATED & FORWARDED TO ATTORNEY GENERAL'S OFFICE OFFICER CHALLENGES SANCTION / REQUEST HEARING PREHEARING CONFERENCE A.G. / RESPONDENT/ AND P.O.S.T. SETTLEMENT REACHED / APPROVED BY CHAIRMAN PROCEED TO FULL HEARING A.L.J. DECISION IS SAME AS COUNCIL FINAL ACTION A.L.J. DECISION IS DIFFERENT THAN COUNCIL FINAL AGENCY REVIEW OFFICE OF STATE ADMINISTRATIVE HEARINGS CONDUCTS HEARING OFFICER MAY APPEAL A.L.J. DECISION OR AGENCY DECISION IN SUPERIOR COURT Hearing Statistics 24 Number of Cases Resolved by: Withdrawals, Dismissals, Surrenders Settlement Orders Administrative Dismissals OSAH Appealed to Superior Court or Council 0 20 40 60 Appealed to Superior Court or Council FY 2005 3 FY 2006 1 FY 2007 0 FY 2008 1 OSAH 16 11 4 5 80 100 120 140 160 180 Administrative Dismissals 50 49 19 31 Settlement Orders 89 112 52 169 Withdrawals, Dismissals, Surrenders 79 55 24 56 25 P.O.S.T. Operations Division The P.O.S.T. Operations Division is responsible for providing administrative support and special services. Other major responsibilities include: Certification Examination Custodian of Records- Open Records Request Curriculum Revision Special Projects Media Relations Rule Revisions Networking/Computer System Maintenance Technology Support for Headquarters & Field Officers During FY 2008 P.O.S.T. responded to approximately 4000 Open Records Requests. This Division is tasked with searching for and implementing new processes that will make the agency more efficient. Maintenance of P.O.S.T. Computer System/Peace Officer Records P.O.S.T.'s Data Communications Section maintains the following records on the P.O.S.T. computer system: A. Personnel History B. Employment History C. Discipline D. Training Courses E. Chief Executives F. Sheriffs'; Wardens'; and Chiefs' Current Training Histories G. Training Course Completions H. Certification/Registration I. Terminations J. Agencies K. Advanced Certification P.O.S.T. maintains employment, certification and training records on over 115,000 officers. Of these, over 58,000 are actively employed in their field of certification. 26 P.O.S.T. Operations Division Ryan Powell Division Director Lara Hollister Operations Analyst Azra Keeling Records Custodian Major Accomplishments this past year were: Computer System Upgrade Rule Revisions Continued development of Certification Examination Neal Lewis Systems Manager Jacque Wells Programmer/ Analyst