F58856E0DE2BB2EE8725824A00714334 Hearing Summary

The committee was called to order.  A quorum was present.  Representative Salazar, prime sponsor, presented House Bill 18-1076, concerning the Peace Officers Standards and Training (POST) Board revoking the certification of a peace office who is found to have made an untruthful statement.  Representative Salazar explained the effect of the bill and discussed its need.  He also discussed amendments L.002 (Attachment A) and L.003 (Attachment B).

Representative Salazar responded to questions regarding the use of the term "material fact" in the bill.  Discussion ensued regarding some fact patterns that might result in the termination of law enforcement officers under the bill.

Mr. Don Sisson and Mr. Frank Gayle, representing the Fraternal Order of Police, testified in opposition to HB 18-1076.  Mr. Gayle discussed the need for a universal due process system for matters covered by the bill, and listed some specific concerns with the bill. He discussed the implications of the bill with regard to the use of officer-mounted body cams.  Mr. Sisson explained the circumstances under which POST certification is revoked under current law, and the lack of uniformity among law enforcement agencies for such revocations.  Mr. Sisson also discussed some fact patterns that would be impacted by the bill.  Discussion ensued regarding the potential violation of law concerning compelled testimony by the bill.  Mr. Sissen responded to questions regarding the process of appealing a POST revocation decision, and the process disparity across various law enforcement agencies.

Discussion continued regarding the current process by which a law enforcement officer is subjected to POST certification revocation. Discussion returned to the variation in policy among law enforcement agencies concerning violations that may result in POST certification revocation, and the appeals process under the bill.

Discussion returned to the types of behavior that may result in POST decertification under the bill.

Mr. Marc Colin, representing the Colorado Police Protective Association, testified in opposition to HB 18-1076. Mr. Colin discussed the type of behavior that might result in POST decertification under the bill, and the ramifications of decertifying a law enforcement officer. Discussion ensued regarding perjury charges that result in POST decertification, and punishments involved for law enforcement officers for credibility-related violations.

Chief Mike Phipps and Mr. Ron Sloan, representing the Colorado Association of Chiefs of Police, testified in support of the bill. Chief Phipps discussed the process by which the bill was created, and the reinforcement of ethical conduct by the bill. Chief Phipps discussed the process of POST decertification under the bill, and addressed issues raised during earlier testimony. Mr. Sloan cited some cases where law enforcement officers disseminated false information, and the options available to the officers under these circumstances. Chief Phipps addressed some concerns expressed about the bill. Mr. Sloan responded to questions regarding the process by which law enforcement agencies are notified about POST certification revocations, and the decertification process under HB 18-1076. Chief Phipps explained how law enforcement officers currently avoid being POST decertified, and cited the number of law enforcement agencies in Colorado that have established policies for POST decertification.

Mr. Eric Bourgerie, representing the POST Board, responded to questions regarding how law enforcement officers are decertified. Chief Phipps responded to questions regarding how HB 18-1076 might operate under certain fact patterns. Mr. Bourgerie testified from a neutral position, and explained how the bill would affect current POST decertification practice. Mr. Bourgerie responded to questions regarding input by the accused individual under the current decertification process.

Mr. Bourgerie responded to questions regarding actions required of the POST Board by HB 18-1076.

The chair laid over HB 18-1076 for future action. The committee recessed.