1 Georgia Peace Officer Standards and Training Council Executive Director's Message The Honorable Nathan Deal, Governor Members of the Georgia General Assembly Citizens of the State of Georgia Irespectfully submit the Fiscal Year 2011 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 P.O.S.T. Operations Division is responsible for providing administrative support with various projects and special services. Some of the projects that are currently in the works are: Continuing progress made in the update of our computer legacy system Upgrade of the POST website, with increased functionality In FY11, the Certification and Training Division included but were not limited to: Assisted with the reassignment of the training waiver requests to the Training Standards Committee of Council to create more efficiency in processing these requests. Completed final stages of new database system to prepare for implementation as of September 1, 2011 P.O.S.T. has also made great strides in the investigation process. The Investigations Division currently has eight full time investigators, one part-time investigator, and one vacant position, serving regions throughout the State. During this period, the division opened 1,468 cases, and completed 1,041 investigations. I am proud of Georgia P.O.S.T. Council's accomplishments for Fiscal Year 2011. 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 VISION P.O.S.T. envisions a professionally trained and ethical criminal justice profession. This is accomplished by: Establishing and implementing high standards, developing and facilitating contemporary training curricula and programs. Holding criminal justice professionals to a higher standard. 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 Chief Roy Whitehead, Vice-Chairman Sheriff Mike Jolley- Secretary Mayor Margaret Evans Commissioner Tom McMichael Chief Bryan Golden Commissioner James R. Williams Jr. Lt. Steve Hyman Sgt. Dolly Johnson Mayor Bill Trapnell Inspector Garry Moore Mr. Don Banks Chief Woodrow Blue Warden Billy Howell Sheriff Gene Pope Col. Homer Bryson Director Michael Nail Director Stan Cooper Colonel Bill Hitchens A Peace Officer Chief of Police A County Sheriff A City Manager or Mayor A County Commissioner A Peace Officer Association County Commissioners of Ga. or Designee A Municipal Police Officer other than a Chief of Police A Municipal Police Officer Other than a Chief of Police 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 Publi3c Safety 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: Deputy Comm. Michael McNeely Director J. Dale MannState Officer Executive Director Frank V. RotondoAssociation Director Executive Vice President Terry NorrisAssociation Director Mr. Ronnie LaneJuvenile Correction Officer Dr. Archie RaineyAcademician Chief Jimmy WilliamsonCampus Police Marshal Steve SmithMarshal Colonel Homer BrysonState Officer/DNR Lt. Stuart Van Hoozer Lt. Barry Woodward Department of Juvenile Justice Georgia Public Safety Training Center Georgia Association of Chiefs of Police Georgia Sheriffs' Association Department of Juvenile Justice Columbus State University University of Georgia Police Department Richmond County Marshal's Office Georgia Department of Natural Resources Georgia Internal Affairs Investigators Association Communications Division Georgia Peace Officer Standards and Training Council Sheriff Mike Yeager, Chairman Chief Roy Whitehead, Vice-Chairman Sheriff Mike Jolley, Secretary Training Standards Committee: Bill Hitchens, Chairman Mike Jolley, Vice-Chairman Margaret Evans Steve Hyman Billy Trapnell James (Bubba) Williams Carl Humphrey Advisory Members: Dale Mann Steve Smith Terry Norris Barry Woodward, Sr. Probable Cause Committee: Michael Nail, Chairman Dolly Johnson, ViceChairman Mike Yeager Roy Whitehead Bryan Golden Executive Committee: Mike Yeager, Chairman Roy Whitehead, Vice- Chairman Sheriff Mike Jolley, Secretary Michael Nail, PCC Bill Hitchens, Training Stds. Tom McMichael, Cert. Certification Committee: Tom McMichael, Chairman Homer Bryson, ViceChairman Don Banks Garry Moore Woodrow Blue Gene Pope Advisory Members: Frank Rotondo Archie Rainey Ronnie Lane Jimmy Williamson Stuart Van Hoozer 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 59,000 officers actively employed by over 1000 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 Georgia P.O.S.T. Council Budget Administor NeeNah Yarbrough Director of P.O.S.T. Investigations Brad Pope Denise Hudson Administrative Assistant Julie Lewandowski Willie Evans Carl Ellis James McCue Leevan Kirk Robert Fuller Vacant Investigator Position Vacant Investigator Position Tommy Keheley Part Time Investigator Marilyn Wiseman Pre-Invest P/T Executive Director Ken Vance Director of P.O.S.T. Training & Certifications Mitch Jones Neal Lewis IT Manager David Nettles Programmer Lois Mitchell Certifications Specialist Diane Gaddis Certifications Specialist Lena Weaver Certifications Specialist Vacant Operations Analyst Liz Chadell Receptionist Correction Certifications Specialist(3) Doug Fleming Executive Assistant Wendy Izenour Director of P.O.S.T. Operations Ryan Powell Wayne Melton Administrative Hearings Lara Hollister Operations Analyst Meghan Fail Records Custodian Vacant Auditor Position as of 10-27-2011 8 Purpose The purpose of the Georgia P.O.S.T. Council is to ensure that only qualified and well-trained 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: Research, plan, and establish policy relative to peace officer training Develop, adopt, and issue advanced or professional peace officer certificates based on education, training, and experience Determine whether a peace officer candidate has met legal pre-employment and training requirements 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 Provide technical assistance as requested by law enforcement units Provide and administer the certification of persons qualified to operate speed detection devices and withdraw and suspend such certifications Establish minimum qualifications for school directors and certify those qualified Certify instructors and withdraw or suspend such certifications Establish and modify the curriculum, including methods of instruction, composing the basic course Evaluate schools annually for recertification 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 Enforce those qualifications and training requirements enumerated by laws Ensure standards are maintained by peace officers Take corrective action against officers who violate standards 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 3 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 Forensic Scientist (GBI only) Basic Juvenile Correctional Officer Municipal Probation Officer Communication Officer SPECIALTY CERTIFICATIONS Radar Laser Vascar Field Training Officer Identification Technician 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 Georgia P.O.S.T. Council Certification & Training Standards Division Mitch Jones Division Director Anna Holland Offsite Correctional Officer Lena Avis Certification Specialist Jail Officer Certification Communication Officer Certification SR. Deputy Certification Diane Gaddis Certification Specialist Juvenile Correction Officer F.T.O/I.D. Tech D.T.O. & Arson Certification Generalized, Guest & Specialzed Instructor Certifications & Chaplin Cert. Senior & Master Instructor Certification Canine & Bomb Tech Certification Lois Mitchell Certification Specialist Vacant Program Analyst Liz Chadell Receptionist Peace Officer Certification Sheriff Certification G.B.I. Certification Archive Records Liaison Career Development Certification H.R. 218 Firearms Requal. Cert. Process 20-hour Training Waivers Speed Detection Certification C12 Processing 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 County Correctional Officer TOTAL BASIC EXEMPT REGISTRATIONS Peace Officer (Retired) Federal Officer Jail Officer 2006 2007 2008 2009 1,691 13 1,337 406 522 2,486 64 151 15 175 6,860 1,895 20 1,358 347 483 1,743 47 118 20 1 6,032 2,278 15 1,872 401 514 2,088 38 120 42 0 7,368 2,041 35 1,758 582 555 1,268 30 140 0 0 6,409 1 0 7 0 8 33 19 9 0 0 0 0 2010 2,105 22 1,476 683 388 1,091 12 141 0 0 5,918 1 12 0 12 2011 1,958 20 1,246 401 343 1,142 26 126 0 0 5,262 2 0 0 TOTAL BASIC EXEMPT SPECIALTY CERTIFICATIONS Arson Investigator Field Training Officer Radar Operator Instructor I.D. Technician Laser Operator Sheriff 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. 9 15 548 891 742 27 636 170 132 49 25 10 40 7 16 19 17 16 11 3,371 33 28 566 1,244 873 26 535 139 106 43 25 7 48 8 22 17 9 2 37 3,735 26 16 636 1,299 894 31 709 195 119 60 24 4 63 4 26 7 16 6 20 4,129 9 10 456 3,017 672 44 610 174 115 112 66 9 31 8 51 0 16 11 21 5,423 13 17 541 2,944 669 24 748 6 146 104 162 90 10 31 5 37 15 8 12 8 5,577 2 25 464 3,130 581 41 660 2 224 150 143 74 8 29 4 30 36 12 1 5 5,619 TOTAL ALL CERTIFICATIONS 10,240 9,800 11,523 12,841 11,508 10,883 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 14 Georgia Peace Officers Local Agencies 40,285 69% State Agencies 18,205 31% Total 58,490 Local Agencies State Agencies 15 Peace Officer Population by Government Type 30,000 25,000 20,000 15,000 10,000 5,000 - 25,602 18,205 14,258 425 - State County Municipal Mis. Others Judicial 16 Employed by State Agencies 10,000 9,000 9,263 8,000 7,000 6,000 5,000 4,000 4,206 3,000 2,000 1,729 1,000 1,126 718 433 412 318 - GDC DJJ Probation GSP Misc P & P DNR GBI 17 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)). During FY 2011 there were 85 felony arrest/indictment suspension orders issued. 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 2010 the Investigations Division lost two full time investigators to retirement. Due to budget cuts these positions were left vacant; therefore, no agency audits were performed resulting in no 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. 18 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 19 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). It is estimated that over 15% 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 2011 there were 190 pre-hearing conferences held. GEORGIA PEACE OFFICER STANDARDS AND TRAINING COUNCIL Administrative Hearings 20 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 21 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 2011 P.O.S.T. responded to approximately 4700 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 59,000 are actively employed in their field of certification. 22 Major Accomplishments this past year were: Implementation of Officer Re-Certification Rule Revisions Field Testing the Certification Examination