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 2012 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 Field testing of Certification Exam Upgrade of the POST website with increased functionality In FY12 the Certification and Training Division included but were not limited to Implemented new database system as of September 1 2011 Identifying and resolving officer training deficiencies 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 1 894 cases and completed 3 029 investigations. I am proud of Georgia P.O.S.T. Council s accomplishments for Fiscal Year 2012. 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 Brian Golden Vice-Chairman Sheriff Mike Jolley- Secretary Mayor Margaret Evans Commissioner Tom McMichael Chief Keith Glass Commissioner James R. Williams Jr. Lt. Steve Hyman Sgt. Dolly Johnson Mayor Bill Trapnell Inspector Garry Moore Mr. Don Banks Chief Stan York Warden Belinda Davis Sheriff Scott Berry Col. Homer Bryson Director Michael Nail Director Stan Cooper Lt. Col. Russell Powell A Peace Officer A Peace Officer A County Sheriff A City Manager or Mayor A County Commissioner Chief of Police 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 Tim BeardenState Officer Executive Director Frank V. RotondoAssociation Director Executive Vice President Terry NorrisAssociation Director Cpt. Walter Rabon Dr. Archie RaineyAcademician Lt. Barry Woodward Marshal Steve SmithMarshal Lt. Stuart Van Hoozer Department of Juvenile Justice Georgia Public Safety Training Center Georgia Association of Chiefs of Police Georgia Sheriffs Association Dept. of Natural Resources Columbus State University Communications Division Richmond County Marshal s Office Georgia Internal Affairs Investigators Association Georgia Peace Officer Standards and Training Council Sheriff Mike Yeager Chairman Chief Bryan Golden Vice-Chairman Sheriff Mike Jolley Secretary Training Standards Committee James (Bubba) Williams Chairman Mike Jolley Vice-Chairman Margaret Evans Steve Hyman Billy Trapnell Russell Powell Belinda Davis Advisory Members Tim Bearden Steve Smith Terry Norris Barry Woodward Walter Rabon Michael McNeely Probable Cause Committee Michael Nail Chairman Dolly Johnson ViceChairman Mike Yeager Keith Glass Bryan Golden Executive Committee Mike Yeager Chairman Bryan Golden ViceChairman Sheriff Mike Jolley Secretary Michael Nail PCC James (Bubba) Williams Training Stds. Tom McMichael Cert. Certification Committee Tom McMichael Chairman Homer Bryson ViceChairman Don Banks Garry Moore Stan York Scott Berry Advisory Members Frank Rotondo Archie Rainey 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 58 000 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 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 Certification of Peace Officers Division Reports Agency rosters Demographic reports Individual personnel and training histories Agency deficiency reports 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 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 Instructor Certifications Career Development and Specialty Certifications Lois Mitchell Certification Specialist Peace Officer Certification Sheriff Certification G.B.I. Certification Archive Records Liaison Medical Disability Suspension Auditor Vacant Liz Chadell Certification Specialist Speed Detection Certification Process Manual Training Seminar Approvals Reception Duties 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 2007 2008 2009 2010 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 2 105 22 1 476 683 388 1 091 12 141 0 0 5 918 0 7 33 19 0 0 0 1 9 12 0 0 2011 1 958 20 1 246 401 343 1 142 26 126 0 0 5 262 2 0 0 12 2012 2 117 0 1 317 396 577 1 881 26 153 16 0 6 483 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 Comm. Training Officer Crime Scene Tech TOTAL SPECIALTY CERT. 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 2 24 570 1 072 640 0 640 0 186 141 156 76 9 46 8 44 36 16 9 1 0 26 3 770 TOTAL ALL CERTIFICATIONS 9 800 11 523 12 841 11 508 10 883 10 255 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 Georgia Peace Officers Local Agencies 40 285 69% State Agencies 18 205 31% Total 58 490 Local Agencies State Agencies 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 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 2012 there were 88 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. P.O.S.T. received approval to hire a full time Auditor but due to lack of funding this position could not be filled and remains 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 2012 there were 196 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 2012 P.O.S.T. responded to approximately 4 800 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. P.O.S.T. Operations Division Director Ryan Powell Operations Analyst Lara Hollister Process 20 hour Training Waiver Applications Monitors Probation Cases & Schedules Hearings Major Accomplishments this past year were -Rules Revisions - Field Testing the Certification Exam - Implementation of Officer Re-Certification Records Custodian Meghan Fail Process Open Records Requests H.R. 218 Firearms Requal. for Retired Officers