California SB 2: The Kenneth Ross Jr. Police Decertification Act

California Senate Bill 2, known as the Kenneth Ross Jr. Police Decertification Act, represents a fundamental shift in how California addresses police misconduct. Effective January 1, 2022, this legislation established the state’s first comprehensive system for revoking peace officer certifications, addressing a gap that had allowed officers terminated for serious misconduct to simply move between law enforcement agencies.

The law is named after Kenneth Ross Jr., a 25-year-old Black man who was fatally shot by Gardena police officers in April 2018. Ross Jr.’s death and the subsequent advocacy by his family became a catalyst for police accountability reforms in California.

The Kenneth Ross Jr. Case

Kenneth Ross Jr. was shot and killed by Gardena Police Department officers on April 11, 2018. According to police reports, officers responded to a call about a man with a gun. The encounter resulted in Ross Jr.’s death, sparking community outrage and questions about the use of force.

In November 2021, Ross Jr.’s family reached a $13 million settlement with the city of Gardena, one of the largest police misconduct settlements in the city’s history. The family’s advocacy efforts, led by Ross Jr.’s mother, became instrumental in pushing for legislative reforms that would prevent officers involved in serious misconduct from continuing their careers in law enforcement.

California’s Historical Gap in Police Accountability

Prior to SB 2, California stood out among U.S. states for lacking a police decertification system. This absence created what accountability advocates termed a “revolving door” problem, where officers terminated for misconduct could seek employment at other law enforcement agencies within the state.

The phenomenon of “gypsy cops” - officers who move between departments after misconduct incidents - was particularly problematic in California due to the state’s large number of separate law enforcement agencies and the lack of centralized tracking systems for officer misconduct.

Most other states had established decertification systems decades earlier. California’s system, when finally implemented, became one of the most comprehensive in the nation, incorporating lessons learned from other states’ experiences.

How SB 2 Works: The Decertification Process

The Kenneth Ross Jr. Police Decertification Act grants the California Commission on Peace Officer Standards and Training (POST) the authority to revoke, suspend, or place conditions on peace officer certifications. The process involves several stages:

Reporting and Initial Review

Law enforcement agencies, courts, and other entities are required to report specific types of misconduct to POST within 10 days of discovery. POST staff conduct an initial review to determine whether the misconduct falls within the categories that could lead to decertification.

Advisory Board Examination

Cases that meet the threshold criteria are reviewed by POST’s Advisory Board, which includes law enforcement representatives, community members, and legal experts. The board examines evidence, hears testimony, and makes recommendations to POST’s executive director.

Decertification Decision

POST’s executive director makes the final determination on whether to decertify an officer. Officers facing decertification have the right to a hearing and can present evidence in their defense.

Appeals Process

Officers who are decertified can appeal the decision through California’s administrative law system, providing due process protections while maintaining accountability standards.

Grounds for Decertification

SB 2 establishes specific categories of misconduct that can lead to decertification:

Dishonesty: Acts of dishonesty related to reporting, investigation, or prosecution of crimes, including perjury, false statements, and evidence tampering.

Abuse of Power: Misuse of official authority, including violations of constitutional rights and unlawful detention or arrest.

Physical Abuse: Excessive use of force that violates department policies or constitutional standards.

Sexual Misconduct: Sexual assault, harassment, or other sexual misconduct, particularly involving individuals in custody or during official duties.

Discrimination: Acts based on race, ethnicity, gender, sexual orientation, religion, or other protected characteristics.

Failure to Cooperate: Refusing to cooperate with internal investigations or providing false information during misconduct investigations.

Wrongful Searches: Conducting searches or seizures that violate Fourth Amendment protections.

Implementation and Early Results

Since taking effect in January 2022, the decertification system has processed hundreds of cases. POST maintains a public dashboard tracking decertification statistics, providing transparency about the system’s implementation and effectiveness.

The early implementation period revealed both the system’s potential and its limitations. While some officers have been decertified for serious misconduct, the process has proven time-intensive, and some officers have resigned before decertification proceedings could be completed.

Limitations and Ongoing Challenges

Despite its groundbreaking nature, SB 2 contains several limitations that have drawn criticism from accountability advocates:

Retroactivity Restrictions

The law generally applies only to misconduct occurring after January 1, 2022. While some provisions allow review of earlier misconduct under specific circumstances, many cases of historical misconduct cannot be addressed through decertification.

Resignation Loophole

Officers can resign before decertification proceedings are completed, potentially allowing them to avoid formal decertification. While POST can continue proceedings against former officers in some cases, this remains a practical challenge.

Resource Constraints

The decertification process requires significant resources from POST, including staff time for investigations and hearings. Limited resources can slow the processing of cases.

Standard of Proof

The burden of proof required for decertification can be substantial, particularly for cases that do not result in criminal convictions or civil liability findings.

National Context and Significance

California’s adoption of police decertification placed the state in line with national trends toward enhanced police accountability. However, California’s system incorporates several features that distinguish it from other states:

Comprehensive Scope: California’s grounds for decertification are broader than many other states, including categories like discrimination and abuse of power that some states do not explicitly address.

Community Involvement: The inclusion of community representatives on the Advisory Board reflects California’s emphasis on civilian oversight.

Transparency Requirements: Public reporting and dashboard systems provide greater transparency than many other states’ decertification programs.

Related Accountability Measures

SB 2 is part of a broader package of police accountability reforms enacted in California in recent years:

Assembly Bill 26 (2021) expanded public access to peace officer personnel records, making it easier to identify patterns of misconduct.

Senate Bill 1421 (2018) initially opened certain police personnel records to public inspection.

These measures work together to create a more comprehensive accountability framework, with decertification serving as the most severe sanction available for officer misconduct.

Impact on Law Enforcement Culture

The implementation of decertification has implications beyond individual cases. The knowledge that serious misconduct can result in permanent loss of peace officer certification may influence officer behavior and department policies.

Some law enforcement leaders have expressed support for the system, viewing it as a way to remove officers who undermine public trust and professional standards. Others have raised concerns about due process protections and the potential for politically motivated decisions.

Community and Family Advocacy

The Ross family’s advocacy efforts exemplify how personal tragedy can drive systemic reform. Kenneth Ross Jr.’s mother became a prominent voice for police accountability, working with legislators and advocacy groups to ensure the bill’s passage.

Community organizations, civil rights groups, and legal advocates played crucial roles in shaping the legislation and continue to monitor its implementation. Their ongoing involvement reflects the understanding that legislative passage is only the first step in achieving meaningful reform.

Future Considerations

As California’s decertification system matures, several areas warrant continued attention:

Process Refinement: Ongoing evaluation of procedures to balance thoroughness with efficiency.

Resource Allocation: Ensuring adequate funding and staffing for POST to handle the decertification workload.

Data Analysis: Regular review of decertification patterns to identify trends and assess effectiveness.

Legislative Updates: Potential amendments to address identified gaps or limitations in the current system.

Key Takeaways

• California Senate Bill 2 established the state’s first comprehensive police decertification system, effective January 1, 2022
• The law is named after Kenneth Ross Jr., who was fatally shot by Gardena police in 2018
• POST can now decertify officers for serious misconduct including dishonesty, abuse of power, physical abuse, and discrimination
• The system includes due process protections while providing greater accountability than California previously had
• Early implementation shows both promise and challenges, with ongoing refinements needed to maximize effectiveness
• The law represents part of a broader police accountability reform movement in California and nationwide