The Alaska Supreme Court ruled that the state Police Standards Council reasonably decided that a police officer was not of good moral character when he admitted that he lied and was evasive during an investigation into alleged misconduct that included abuse of alcohol and making sexually offensive remarks to two female officers. This was the basis for revoking the officer's police certificate. Alaska Police Standards Council v. Parcell, #S-15364, 2015 Alas. Lexis 40.
     There was sufficient admissible evidence to decertify an officer that was accused of having sex with a child under the age of sixteen, and making a false statement about doing so. Dieguez v. FDLE, #3D04-1894, 2007 Fla. App. Lexis 50 (3rd App. Dist. 2007). [N/R]
     Florida appellate court rules that an officer cannot, in a direct appeal, attack the competency of his legal counsel at a POST decertification hearing. "No Sixth Amendment right to counsel exists in the context of administrative proceedings involving the revocation of state-issued licenses." Mullins v. FDLE, #5D06-834, 2006 Fla. App. Lexis 20052 (5th Dist. 2006). {N/R}
     Even though his rank was not reduced, a Tennessee police officer is allowed to sue because he was decommissioned after settling an equal employment opportunity complaint against his employer. "Decommissioning resulted ... in ... a reassignment ... and a loss of shift differential pay." Scales v. Metro. Govt. of Nashville & Davidson Co., #3:05-0553 (M.D. Tenn. 2006). {N/R}
     Arizona Peace Officer Standards and Training Board has decertified two Colorado City police officers for polygamy. In re (Vance) Barlow; In re (Samuel) Roundy (Unreported, AZ POST 2005). [2005 FP Dec]
     Texas Governor signs a Bill to help prevent "gypsy cops who jump from town to town because of poor performance or unethical behavior." H.B.2677, amending Texas Occupations Code §1701.451. [2005 FP Sep]
     Supreme Court upholds the decertification of a state trooper who repeatedly physically abused his wife and also lied to an investigating officer. The POST Commission could refer to an agency's rules and regulations to judge an officer's fitness for continuing service. Hauser v. Nebraska Police Standards Advisory Council, #S-03-1386, 269 Neb. 541, 694 N.W.2d 171, 2005 Neb. Lexis 64 (2005). [2005 FP Jun]
     A new California law clarifies that the state lacks the authority to administratively revoke a POST peace officer certificate. Prior law prohibited any person who has been convicted of a felony from holding office as a peace officer or being employed as a peace officer. The new law provides that a plea of guilty to a felony, pursuant to a deferred entry of judgment program, would not alone disqualify a person from being a peace officer unless a judgment of guilty was entered. S.B. 221.[2003 FP Nov]
     California appeals court upholds a state law requiring candidates for sheriff to have prior law enforcement experience. Rawls v. Zamora, #H024372, 2003 Cal. App. Lexis 552 (6th Dist. 2003). [2003 FP Jun]
    Nebraska Supreme Court rejects a challenge to the state's peace officer decertification procedures. Hauser v. Nebraska Police Standards Advisory Council, #S-01-467, 264 Neb. 605, 650 N.W.2d 760, 2002 Neb. Lexis 197 (2002). [2003 FP Jan]
     Federal appeals court resurrects a damage suit against Utah's P.O.S.T. for impeding a former officer's future employment by releasing allegedly false and derogatory information about him. Stidham v. P.O.S.T., #00-4036, 2001 U.S. App. Lexis 20870 (10th Cir.). [2001 FP 149-50]
     Law review article: "Revocation of police officer certification: a viable alternative for police misconduct?" by Roger Goldman and Steven Puro, St. Louis University Law Journal, Spring 2001, 45 St. Louis L.J. 541 (20,524 words, 238 endnotes). {N/R}
     Pennsylvania upholds the revoking of a police recruit's certification for the commission of a military offense, punishable by imprisonment for more than one year. DiSalvatore v. Mun. Police Off. Educ. Cmsn., #1984 C.D. 1999, 2000 WL 664358 (Pa. Cmwlth.). [2000 FP 116-7]
     Laid-off employees cannot vote, even if recalled. Orsam Sylvania, 325 NLRB No. 147, 158 LRRM (BNA) 1161 (NLRB 1998). {N/R}
     When officer left one dept. and was not hired by another for 10 days, his certification was automatically revoked. Commission could refuse to recertify him because of a misdemeanor conviction. Standford v. MD Police Training Cmsn., 697 A.2d 424, 346 Md. 374 (1997). {N/R}
     Iowa was not required to accept a police officer certification from Maine. One state's certification is not the equivalent of another state. Civil Serv. Cmsn. v. Iowa (Montz), 522 N.W. 82/at 89 (1994). {N/R}
     Oregon affirms the denial of state certification to a police officer who was convicted of misdemeanors in another state. Delehant v. Bd. on Police Stds. and Trng., 317 Or. 273, 855 P.2d 1088 (1993). [1994 FP 115]
     Utah rules that citizens have no right to initiate decertification proceedings against police officers. Nielson v. Division of P.O.S.T., Dept. Pub. Saf., 851 P.2d 1201 (Utah App. 1993). [1994 FP 36]
     State legislature can require elected sheriffs to obtain a P.O.S.T certificate, including physical agility standards, even though the office of sheriff is created by the state constitution. Elbers v. Growe, 502 N.W.2d 810 (Minn. 1993). {N/R}
     Standards and Training Cmsn. could disregard a hearing officer's proposed punishment and increase the penalty to decertification, provided sufficient reasons are stated in the record. Crim. Justice Stds. and Trng. Cmsn. v. Bardley, 596 So.2d 661 (Fla. 1992). [1993 FP 67]
     Pennsylvania appellate court upholds decertification of police officer convicted of unlawful wiretapping. Saccol v. Munic. Police Educ. & Trng. Cmsn., 613 A.2d 122 (Pa.Cmwlth. 1992). [1993 FP 67-8]
     1993 IADLEST study reveals wide disparity in nationwide hiring and training standards for criminal justice officers; check www.aele.org/ "Links" page for IADLEST website. [1993 FP 83]
     Florida rules that "good moral character" is a question of fact for the hearing examiner, and not a question of law. Albert v. Fla. Stds. & Trng. Cmsn., 573 So.2d 187 (App. 1991). [1992 FP 19]
     Florida Criminal Justice Standards and Training Commission not bound by results of an employer's disciplinary hearing and can revoke an officer's state certification. Courts cannot review the penalty for harshness. Newberry v. Florida, 585 So.2d 500 (Fla.App. 1991). [1992 FP 147-8]
     Courts should not enjoin a decertification hearing to determine whether a polygamist should retain his peace officer status. First Amendment does not bar the inquiry, but certification commission must find a nexus between polygamy and the right to exercise peace officer powers. Barlow v. Blackburn, 798 P.2d 1360 (Ariz. App. 1990).
     Oregon appellate court sustains denial of POST certification to police officer who repeatedly had sex with his mentally-impaired brother. Baily v. Bd. of P.O.S.T., 100 Or.App. 739, 788 P.2d 1022 (1990).
     Arizona appellate court rules that a city cannot insulate itself from liability in a suit for applicant rejection, based on state mandated certification criteria found to be unlawful. Jurgella v. Danielson, 764 P.2d 27, at 30 (Ariz. App. 1988).
     Use of marijuana warranted suspension, not termination. State Board could not withdraw peace officer certification after civil service commission reduced the penalty. Matter of Ackerson, 335 N.W.2d 342 (S.D. 1983).