FAQs - Decertification for Untruthfulness
Is this the same as “Brady”?
No. Brady is a general rule and this law is very specific. Brady does not provide any specific types of information that need to be revealed and it’s application is variable. For example, an insignificant “lie” can constitute a Brady violation. It can include any information related to the creditability of the certificate holder, including but not limited to: integrity, criminal convictions, misconduct, excessive use of force, etc. While Brady may include untruthfulness or dishonesty, this law, 24-31-305(2.5), C.R.S., requires that certain criteria are met related to a certificate holder knowingly making a false statement about a material fact or omitting a material fact under very specific circumstances.
Am I required to notify P.O.S.T. of all untruthful situations fitting the specified criteria?
Law enforcement is required by this law to notify P.O.S.T. of certificate holders who have committed untruthful acts, as specified in the law, that occurred on or after August 1, 2019, but not before. The law is not retroactive.
Does my agency have to investigate incidents of untruthfulness?
Yes, pursuant to 24-31-305(2.5)(III)(h), C.R.S., if a LEA is notified an officer who is employed or was employed by the agency (within past six months), knowingly made an untruthful statement concerning a material fact or omitted a material fact shall investigate the allegation.
Is my agency required to investigate acts of untruthfulness without the cooperation of the certificate holder? If so, is the agency still required to notify P.O.S.T. if the circumstance meets the criteria?
Yes, pursuant to 24-31-305(2.5)(III)(c), C.R.S., if the certificate holder is the subject of an internal affairs or administrative investigation regarding an untruthful statement concerning a material fact or omission of a material fact related to 1) a criminal justice record 2) while testifying under oath 3) or during an internal affairs investigation or comparable administrative investigation, the agency shall complete the investigation with or without the certificate holder’s participation. If the results demonstrate by a clear and convincing standard of the evidence that the certificate holder was untruthful the agency shall notify P.O.S.T.
If a LEA makes a “finding” that a certificate holder was untruthful and notifies P.O.S.T., is the certification automatically revoked?
No. The P.O.S.T. Board has an outlined procedure ensuring due process for each certificate holder, regardless of the reason for certificate removal. The certificate holder will be notified of the finding and given the option to attend a Show Cause Hearing to present his/her case to the P.O.S.T. Director. If there is sufficient evidence to proceed, a recommendation will be provided to the P.O.S.T. Board and the Board will make the decision about the revocation of the certificate. The certificate holder also has the right to appeal.
Can a certificate holder get a revocation reissued after they are revoked for untruthfulness?
Yes. If a court of record subsequently reverses or vacates the finding that the certificate holder was knowingly untruthful or omitted a material fact, the certificate holder may request reinstatement of the P.O.S.T. certificate by providing documentation of the court ruling to the P.O.S.T. Board within 45 days of the court ruling.