Why Is Georgia POST Certification So Important?

POST certification is what allows qualified Georgia peace officers to perform the duties of a certified officer. Georgia POST recognizes Basic, Career Development, and Voluntary/Specialty certifications.

Unless suspended or revoked by the Council, a Georgia peace officer’s certification is generally valid indefinitely.

That makes a threatened certification more than an administrative issue. Losing or suspending certification can affect your ability to perform law enforcement duties and may have serious consequences for your current employment and future career.

If you have been told that your conduct could result in POST action, do not wait to find out what happens. The time to understand your rights and options is before a certification decision is made.

What Can Put a Georgia Police Officer’s POST Certification at Risk?

POST certification issues can arise from different circumstances. Depending on the facts, POST may become involved following matters such as:

• An involuntary termination from a law enforcement position
• A lengthy disciplinary suspension
• Alleged criminal involvement
• Conduct that may violate the POST Act or applicable POST rules
• Certain certification or eligibility issues
• Failure to satisfy required training obligations
• Other conduct that may provide grounds for certification discipline

Georgia POST states that its investigators are assigned cases involving involuntary officer terminations, suspensions of more than 30 days, and alleged criminal involvement of officers.

The fact that a department has taken disciplinary action does not necessarily mean that the matter ends there. POST may have its own role in determining whether an officer’s certification should be sanctioned.

Can a Department’s Discipline Affect My POST Certification?

Yes. A departmental disciplinary action can trigger reporting and potential POST involvement.

Under Georgia POST rules, employing agencies must notify POST of certain disciplinary actions, including certain suspensions, certain demotions, discharges for disciplinary reasons, and resignations in lieu of termination. Agencies also have reporting obligations concerning certain arrests and employment-status changes.

This means an officer should not view a lengthy suspension, termination, or other serious disciplinary action as simply an employment matter.

A departmental investigation may have consequences beyond your relationship with your agency.

If you are facing significant discipline, it is important to understand whether the matter could also affect your POST certification.

What Happens During a POST Investigation?

When POST becomes involved, the matter can involve an investigation separate from the department’s internal disciplinary process.

The Georgia POST Investigations Division investigates certain cases and, upon completion, prepares a report for review. The matter may then be submitted to the Probable Cause Committee for further action or recommendation.

Depending on the circumstances, the POST process may ultimately result in a recommendation involving:

• Revocation of certification
• Suspension of certification
• Probation
• Other sanctions permitted by law

The process can be complex, particularly when the underlying allegations involve employment discipline, criminal allegations, or disputed facts.

Do not assume that because you have already responded to your department’s investigation, you are prepared for a POST proceeding.

What Does POST Certification Suspension or Revocation Mean?

A suspension or revocation can directly affect an officer’s ability to perform the functions of a certified officer.

Georgia POST defines suspension as a temporary discontinuation of an officer’s certification or registration, during which the officer cannot perform the functions of an officer. Revocation cancels the certification or registration, meaning the officer can no longer perform the functions of a certified officer.

For an officer who has built a career in law enforcement, the consequences can be substantial.

A certification issue may affect:

• Your ability to work as a peace officer
• Your current law enforcement position
• Your eligibility for future law enforcement employment
• Your professional reputation
• Your career advancement
• Your ability to maintain a career in Georgia law enforcement

A threatened POST certification is not something to take lightly.

What Should I Do If My POST Certification Is Being Investigated?

If you learn that POST is investigating your conduct or that your certification may be at risk, take the matter seriously.

1. Find Out Why POST Is Involved

Determine what conduct, disciplinary action, arrest, termination, or other event has resulted in POST involvement.

2. Preserve Relevant Records

Keep notices, disciplinary documents, investigative materials, reports, correspondence, employment records, and other information related to the matter. Do not destroy or alter potentially relevant evidence.

3. Understand the Relationship Between the Department Investigation and POST

Your department’s investigation and a POST investigation may involve related facts but can have different consequences. Do not assume that resolving one automatically resolves the other.

4. Do Not Make Substantive Statements Without Legal Advice When Possible

Statements made during an investigation can affect your employment and certification. Before responding to substantive allegations, consider obtaining legal advice about the potential consequences of your response.

5. Contact an Attorney Experienced in Law Enforcement Matters

A POST certification issue can threaten your ability to continue working in law enforcement. Do not wait until a final certification decision has been made to seek legal representation.

Can a Police Officer Challenge a POST Certification Action?

The available procedures depend on the type of action, the circumstances, and the applicable Georgia law and POST rules.

Georgia POST rules provide procedures relating to hearings and other administrative matters. The Council’s rules also address petitions for reinstatement or reconsideration in certain circumstances.

Because POST proceedings can involve specific procedural requirements and deadlines, an officer should not assume that the process is the same as challenging discipline imposed by a local police or sheriff’s department.

If your certification is at risk, an attorney can review the specific action against you and explain what options may be available.

What If My POST Investigation Involves Criminal Allegations?

A POST matter can sometimes arise in connection with alleged criminal involvement. Georgia POST specifically identifies alleged criminal involvement as one category of case assigned to its Investigations Division.

When criminal allegations, departmental discipline, and POST certification issues overlap, the stakes can become significantly higher.

An officer may be dealing with several potential consequences at the same time:

• Criminal prosecution
• Departmental discipline
• Suspension or termination
• POST certification sanctions
• Damage to professional reputation
• Future employment consequences

Do not treat a POST investigation involving potential criminal exposure as a routine employment matter.

An attorney can help evaluate how the different proceedings may interact and advise you about the potential consequences before you respond.

How Can a Lawyer Help With a POST Certification Investigation?

Caldwell, Bridgers, & Benjamin can help Georgia law enforcement officers understand and respond to legal issues that threaten their careers and professional certifications.

Depending on the circumstances, our attorneys may:

• Review the allegations and underlying investigation
• Analyze disciplinary notices and employment records
• Review relevant department policies and procedures
• Evaluate the evidence supporting the allegations
• Identify inconsistencies or weaknesses in the case
• Help you understand the potential impact on your POST certification
• Advise you regarding investigative interviews and statements
• Represent you in administrative proceedings
• Help challenge improper or unsupported disciplinary action
• Evaluate available hearing, appeal, or other administrative options
• Help protect your professional reputation and career

Every case is different. The appropriate strategy depends on the allegations, the department involved, the status of the investigation, and the potential POST consequences.