Police Officer Decertification Procedures

Per 11 Del.C. §8404(a), in all situations where the provisions of 11 Del.C. §8404(a)(4) or 11 Del.C. §8410(b) are to be applied to or invoked against any agency or individual, that agency or individual shall be entitled to a hearing in the manner prescribed herein:

• The Administrator shall select three members of the Commission to comprise a Board, which will hear evidence on the allegation (hereinafter "Board").
• Upon conclusion of the hearing provided for in this Section, the Board shall submit its findings and recommendation to the full Commission in writing for consideration and vote.
• The ultimate findings of the Commission shall be final, except that any ruling adverse to any party participating in the hearing may be appealed to the Superior Court within 15 business days of receipt of written notification of said finding. Absent an appeal, all findings of the Commission shall become final upon expiration of said appeal deadline.

All hearings shall be conducted in accordance with the Administrative Procedures Act of the Delaware Code.

Agency Compliance

A police force of any county or municipality which does not meet the requirement and criteria established by the Commission will be ineligible to apply for or receive state aid to local law enforcement funds (SALLE) and may, if in accordance with the guidelines, also be prohibited from receiving other grant funding through the state such as the Fund to Combat Violent Crime (FCVC) and the Emergency Illegal Drug Enforcement (EIDE) program funds.

The Chief or Head of any Law Enforcement Agency that is found to be in non-compliance with any of the established criteria of POST shall be required to appear before the POST Commission and provide explanation as to the reason for non-compliance and measures taken to become compliant.

Failure of any police officer to complete his/her annual POST mandated in-service training shall be grounds for suspension of his/her certification until such training is completed. The Commission may stay, extend, waive or modify such suspension when it is shown that the failure to comply with the requirements was not due to the intentional avoidance of the annual training requirements or upon a showing of hardship upon the employing law enforcement agency.

POST is a state training and certifying body and is NOT owned by any specific agency, Town, City, or County. Therefore, POST certification cannot be included in any separation agreements between certified law enforcement officers and their former or current employers, Courts, Department of Justice, Union Affiliates or other entities representing the law enforcement officers or said employers, or any other interested parties.