AnonymousBy Lizzie Rodriguez
Following the murder of George Floyd and subsequent community protests and demonstrations demanding police reform and civilian oversight of law enforcement, states across the county implemented policies to increase officer accountability. In California, Governor Gavin Newsom signed the Kenneth Ross Jr. Police Decertification Act, also known as Senate Bill 2 (SB2), into law holding officers accountable for serious misconduct. SB2 went into effect on January 1, 2022, and implementation began a year later, creating a decertification process for law enforcement officers who commit serious misconduct, disqualifying them from working in law enforcement.
Under SB2 similar to doctors, therapists, and real estate agents, police officers are required to obtain and maintain certification to practice their vocation and can be decertified if found in violation of serious misconduct. Peace Officer Standards and Training (POST) has outlined 9 categories that fall under “serious misconduct” ranging from dishonesty and abuse of power to physical & sexual abuse and failure to intervene, to name a few.
Prior to SB2, California did not have a process for preventing officers who were fired for serious misconduct to be hired at a different agency. SB2 aims to address this issue by creating a statewide database of law enforcement officers who have been decertified making them ineligible for employment.
SB2 addresses 5 important elements; 1) it creates a process for POST to revoke certifications for peace officers disqualifying them from law enforcement employment in California; 2) expands the list of circumstances that will disqualify a person from employment as a peace officer; 3) requires law enforcement agencies to investigate all complaints or claims of serious misconduct by peace officers regardless of employment status; 4) requires law enforcement agencies to report to POST all complaints, claims, allegations, and findings of serious misconduct; and 5) removes some immunity provisions for peace officers and their employing agencies.
The Kenneth Ross Jr. Police Decertification Act (SB2) is a significant step toward improving police accountability and oversight in California. You can learn more about SB2 by viewing the March 2023 meeting of the Santa Barbara Fire & Police Commission and the first quarter report on complaints filed against the Santa Barbara Police Department by viewing the April 2023 meeting.
Santa Barbara Police Chief Kelly Gordon is currently serving as a Commissioner for POST.
About the Fire and Police Commission
The Santa Barbara Fire & Police Commission serves as an advisor to the City Council and City Administrator in all matters relating to efficient and adequate fire and police protection for the city. The adoption of police oversight in 2022 gives the community a role in police accountability ensuring the priorities and practices of SBPD keep in alignment with community values and builds confidence in police-community relations. In 2015, the President’s Task Force on 21st Century Policing recommended the adoption of oversight programs noting that “some form of civilian oversight is important in order to strengthen trust with the community.”
The Santa Barbara Fire & Police Commission meets in person at 4 PM on the fourth Thursday of every month in City Council chambers and can be viewed in person, live online, or through recordings posted on the city website. Commissioners for 2023 include; Lizzie Rodriguez as Chair, Linda Esparza Dozer as Vice Chair, Gary Jon Hill, and Daniel Herlinger. There is currently one vacant seat on the Commission. More information can be found on the City’s website santabarbaraca.gov/fire-police-commission.
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Lizzie Rodriguez is a restorative practitioner, hospitality business operator, and Chair of the Santa Barbara Fire and Police Commission.
Op-Ed’s are written by community members, not representatives of edhat. The views and opinions expressed in Op-Ed articles are those of the authors and do not necessarily reflect those of edhat. [Do you have an opinion on something local? Share it with us at info@edhat.com.]
Glad this program is in place. It’s amazing it took this long. If you are carrying a loaded weapon and have the authority to detain, cuff, arrest people, then you should be subject to strict guidelines of behavior. How many innocent civilian deaths could have been prevented had bad cops been weeded out and disqualified from ever serving again? I bet it’s a lot!
Thank you, L. Rodriguez, for the information; it’s all good news.
The people we pay with our tax dollars that carry guns to “protect” us should have the highest and most rigorous training possible. And re-trained, constantly, as we all adapt and evolve. Constant training, testing, improvements, or else your gun is taken and desk duty given.
I stated that I thought that SB2 is a good/positive step in the right direction as the headline suggests. Not sure why some folks are making the comment thread about other commenters (You this, You that, You think wrong, You, You, ….You). Consider making comments about the law and how it can and will be applied.
Hopefully some of you will agree with what SacJon says: “I tell my kids and nephews that no matter what, NEVER get stupid or aggressive with a cop.” The only thing I would add to that is that I would say the same to my daughters, nieces, and to anyone who thinks that they won’t or do not need to comply with LE commands. Just follow ’em and we be good. Peace out my mostly law-abiding Edhat friends and supporters!
Except – you missed the full first paragraph of what Sacjon wrote. “Yeah, I don’t feel it’s the responsibility of the citizenry to learn how to bow down and acquiesce to all cops under all circumstances. How are we supposed to gauge the stress level or civility of an angry person loaded with weapons whenever we come across them? It should be on the department itself and other government oversight groups to ensure that anyone hired to perform such potentially lethal duties have the mental ability to do so calmly and professionally. If you’re going to arm them like this, make sure you train them!”
Lizzie: A lot of good points and holding officers accountable will make it much easier to prosecute LE when/if they are guilty of “serious misconduct.” I would also like to see programs to educate the public on how to and how not to interact with LE. So many of the tragic videos that we see start off with a person not complying with LE commands. For whatever reason, situations escalate when that person decides to not comply. This usually does not end up too well and ends up with officers or members of the public seriously injured or killed. No excuse for LE to simply murder individuals for no reason at all, but in most cases if the person had followed instructions, everyone would have been safe and sound. Yes, I have been stopped “for no reason at all” any number of times just because of the way I look. I was taught to treat LE with extra respect, and never had a problem. I wish everyone had the same approach to LE as I do….otherwise, “things might not go so well.”
KARMA, those “thugs” are now senior officers running the show…
Ding ding ding, GT @131pm! These types think all LE are royalty. Unfortunately 75% of cops have that peaked-in-high-school aura about them. This bill will help weed those types out, finally. At least in California.
BCakes, it never ceases to amaze me that you have personal and extensive, even global, experience with every matter that you respond to on this board. It’s amazing.
The only point that I was attempting to make in my comment was that it is b-e-t-t-e-r for all involved to comply with the requests of LE. I think we can all agree that it is better to be a so-called “boot-licking” wimp than an RIP photo printed on a cheap t-shirt. Know your rights, but don’t be stupid in the moment because at the end of the day we all want to go home (wherever “home” may be ….a mansion, a penthouse, the bushes, ditch…..we just want to go home….alive). If your rights have been violated, take ’em to court, but in the mean time I say comply (or suck it up and lick them boots as some would say). It’s not that difficult for most of us.
i am 100% with BC on this one. I have a lot of close friends and family in LE in various roles and organizations.
Follow directions. Do what you’re told to do. Simple. Even if it’s stupid and you’re not guilty of anything, just do as they command. They are under tremendous stress and pressure when they feel threatened and their training provides them with tools to use under said pressure, but they are also humans and having a loaded gun drawn and pointed at someone who is behaving oddly and not following directions, then reaches for something and BAM. Lights out. Don’t do stupid s*&t and you’ll be ok.
Also, we’re talking about SBPD NOW, not SBPD in the 1980/90s under Cam Sanchezs rule. He was a thug and hired thugs. We have a really good police force now.
Hey, Karma, do you think it might be good idea for police in the United States to get real and sustained training on how to deal with people in crisis, or with communication deficits, or from a different culture?
Also, how about respect being mutual? Do you like that prospect, or does it only go one way?
And “even if it’s stupid”? Really? Come on.
” Even if it’s stupid and you’re not guilty of anything, just do as they command.” Something a boot licker would say.
LOL, Karma, so mEaN from behind your keyboard.
GT, correct however our first amendment rights do no allow us to ignore lawful LE instructions, and even when unlawful, the fight is not then and there with that specific LE officer.
? because maybe, just maybe she is out and about more than you? has more of a life than you?
It’s also our first amendment right not ” to treat LE with extra respect” and not be killed for our words.
“So many of the tragic videos we see” – not sure what your algorithm is feeding you. How about teaching citizens their rights – and teaching the police not to violate those rights. A good read of the 1st and 4th amendments are a good place to start. What did Tyre Nichols do to have the police beat him to death?
Yeah, I don’t feel it’s the responsibility of the citizenry to learn how to bow down and acquiesce to all cops under all circumstances. How are we supposed to gauge the stress level or civility of an angry person loaded with weapons whenever we come across them? It should be on the department itself and other government oversight groups to ensure that anyone hired to perform such potentially lethal duties have the mental ability to do so calmly and professionally. If you’re going to arm them like this, make sure you train them!
That said, I tell my kids and nephews that no matter what, NEVER get stupid or aggressive with a cop.
“GT, correct however our first amendment rights do no allow us to ignore lawful LE instructions, and even when unlawful, the fight is not then and there with that specific LE officer.”
Please show us where I said that. Or do you just skipping around the room again with your propeller had, suspenders, and oversized lollipop?
“GT, correct however our first amendment rights do no allow us to ignore lawful LE instructions, and even when unlawful, the fight is not then and there with that specific LE officer.” This is not what the article is about and you are off topic.
Babycakes – we get it – that you’d prefer to stick your head in the sand, give up your rights, and live in fear.
Wait, wut? You’re saying citizens don’t have the right to refuse to comply with an unlawful order from a police officer?
Did you really jus say that?
ALEXBLUE if it’s an unlawful order you can take it up in court but if you’d prefer to take it up by risking and possibly losing your life, then well Darwinism will dictate the result of that decision. I remember you posting alot about Darwinism taking over for those who refused to comply with what they considered to be unlawful mask laws/orders so I think you’ll understand what I’m saying, right? Good day.
Anyone with a brain knows, if there is something not right with what a cop is doing, take it up in court NOT with your life by acting like a dimwitted idiot. This will only create a situation where cops will just do nothing so expect major crime increases. We’ve already seen them with the other asinine bills they’ve passed not just locally but statewide. Good luck out there! Don’t complain when it happens or scratch your head wondering why!
Oh my GT, LE is intentionally destroying the recordings to hide all their abuses against law abiding citizens! Defund the police! Keep those left-wing conspiracy theories coming…
VOICE – once again….
“Jackson County Sheriff Russ Kettmann said Friday his department had destroyed body camera footage…” – https://www.dewittobserver.com/news/local/bodycam-video-destroyed-by-sheriff-s-department/article_df34c8ce-8c69-11e9-8c24-bfc40f8e5a3a.html
VOR making this a political argument, interesting (not). Some do hide or destroy footage. There are also a lot of technical and accidental deletions. If you had bothered to look at any of the links, you would have seen where in one case 100,000 videos were accidentally deleted. But you took it upon yourself to put words in my mouth that I have said all of the deletions or losses were on purpose – but also as the evidence I’ve provided shows, on-purpose deletions and thefts of such video do occur regularly. You’ve also made some sort of effort to insinuate that I think the police should be defunded (I do not and actually believe they need more funding)Your arguments have become sadder and more pathetic. Bless your heart.
https://www.govtech.com/public-safety/100000-dash-cam-videos-deleted-accidentally-columbus-ohio-police.html
“This will only create a situation where cops will just do nothing so expect major crime increases.” – uh….. what? If people refuse to comply with cops who are abusing power and giving unlawful orders, the cops will just stop fighting crime? What a bunch of prima donnas in that scenario! Seriously though, I think they’ll just start shooting and beating innocent people a lot more.
ANDREA – or are you saying by “taking it up in court,” the cops will “do nothing” and allow crime to increase? That’s criminal in and of itself. You get busted for doing your job poorly and hurting/killing someone, so you just stop doing your job?
ANDREA SMITH – Sounds like more boot licker comments. Why not train the police what unlawful orders are, educate them in the 1st and 4th amendment? Why not weed out the bad cops? Provide better training and re-training. “Take it up in court” does nothing, unless you are lucky enough to catch the improper acts on camera. Too many times the law enforcement body camera footage disappears, or gets lost.
VOR – Not at all a conspiracy theory – it’s happened quite a bit. It’s a thing. Not my fault you aren’t educated on the subject. There is plenty of evidence to sunstantiate this on the “I N T E R N E T” that thing Al Gore invented. Are you the arbiter of this thread now? I’ve cited plenty of evidence below. Are you going to cite your evidence that this is a conspiracy theory? Might be good to teach your kids to be inquisitive and research – even if their first instinct is to not believe a statement they are hearing.
https://digitalcommons.law.uw.edu/faculty-articles/311/
https://www.govtech.com/public-safety/100000-dash-cam-videos-deleted-accidentally-columbus-ohio-police.html
https://www.khon2.com/always-investigating/police-body-camera-footage-missing-in-hundreds-of-cases/
https://www.bostonglobe.com/2023/05/06/metro/muted-blurred-or-missing-footage-lawyers-say-police-bodycam-policies-have-no-real-teeth-court/
https://www.cbsnews.com/chicago/news/key-body-camera-footage-missing-after-chicago-police-officers-raid-wrong-homes-point-guns-at-children/
https://wpln.org/post/mnpd-says-some-camera-footage-is-missing-from-at-least-180-arrests-or-citations/
https://www.washingtonpost.com/news/the-watch/wp/2014/03/26/police-cameras-are-great-except-when-the-video-goes-missing/
https://www.kcbd.com/2023/01/27/kcbd-investigates-city-lubbock-working-recover-missing-body-cam-dashcam-video-files-lubbock-police-department/
https://kstp.com/5-investigates/obstructing-justice-missing-body-cam-video-obtained-after-yearlong-data-practices-fight/
“Conspiracy theory much?” – If reality and facts are a “conspiracy theory” then call me Q.
“MNPD says some camera footage is missing from at least 180 arrests or citations” – https://wpln.org/post/mnpd-says-some-camera-footage-is-missing-from-at-least-180-arrests-or-citations/
“Muted, blurred, or missing footage: Lawyers say police bodycam policies have ‘no real teeth’ in court
Attorneys caution that body camera policies must be tightened to prevent police from evading the accountability and transparency the devices are intended to provide.” – https://www.bostonglobe.com/2023/05/06/metro/muted-blurred-or-missing-footage-lawyers-say-police-bodycam-policies-have-no-real-teeth-court/
“Critical moments – and possible wrongdoing – that should have been captured on police body worn cameras are missing or were never recorded at all.” – https://www.cbsnews.com/chicago/news/key-body-camera-footage-missing-after-chicago-police-officers-raid-wrong-homes-point-guns-at-children/
“Jackson County Sheriff Russ Kettmann said Friday his department had destroyed body camera footage…” – https://www.dewittobserver.com/news/local/bodycam-video-destroyed-by-sheriff-s-department/article_df34c8ce-8c69-11e9-8c24-bfc40f8e5a3a.html
“Too many times the law enforcement body camera footage disappears, or gets lost” conspiracy theory much?
100,000 Dash-Cam Videos Deleted Accidentally by Columbus, Ohio, Police Officer
https://www.govtech.com/public-safety/100000-dash-cam-videos-deleted-accidentally-columbus-ohio-police.html
Perhaps all you KEYBOARD warriors need to schedule a “Ride-Along” with a cop to see how they have to operate on a daily basis with those among us…
Andrea_Smith: Thank you for your level-headed comment(s). You and I agree that the SR2 bill is a “good start” as the author of the article states. Good for LE and good for the general public. Safety is the main concern and we know that is what it is all about. The bill is not about what happened to the unfortunate souls who lost their lives by not following the simple orders given to them by LE. If LE tells you to lift your shirt and turn around, but you think that is a stupid/illegal/crazy request, just do it for goodness sake. If they tell you to stay in your vehicle…stay in your vehicle and don’t come out ranting/raving about your right to get out of said vehicle. If LE tells you to show them your ID, tell them that you are going to reach for your wallet/purse/under the seat/etc. to retrieve your ID….don’t ask them why they need to see your ID. If LE tells you to get on the ground…do it. If LE tells you to put your hands behind your back….do it. Live another day to tell your story in court. Live another day to tell your children/family that you love them.
One of the best pieces of advice by far on this topic was provided by SadJon: “I tell my kids and nephews that no matter what, NEVER get stupid or aggressive with a cop.” This very wise advice should not be interpreted as giving up your rights….this advice is allllllll about staying alive in these uncertain times.
BABY – “SadJon?” really? I’m anything but sad lol
SacJon: My apology. With all respect, I did not type your Edhat alias name incorrectly on purpose. I will buy you a dozen virtual Eller’s (Upper State St.) donuts on this National Donut Day (first Friday in June…..today!) to make up for my unacceptable typo.
BABY – lol I figured, was just yanking yer chain! But yeah, now I want donuts!
Great explanatory piece on SB 2 by Ms. Rodriquez! The point here is that bad police officers shouldn’t be able to be disciplined and then rehired elsewhere. it’s not about our responsibilities as students. it’s about police departments being able to know who are the bad cops, label them as such, and keep them from repeating the offenses in other communities by delicensing them, denying them the ability to be hired elsewhere. comments about our duties and commonsense re interacting with police are fine, but not the point here. it’s about getting rid of bad cops. There may not be that many bad cops out there, but it only takes one to create an unnecessary death and community crisis.
oops. typo.
it’s not about our responsibilities as CITIZENS. (not students, stupid auto correct strikes again!