Dawson

BACKGROUND

In 2019, appellants were responsible for administering “scenario” testing for peace officer recruits at the community college. After an unusually high number of recruits failed their tests, the community college requested guidance from the Commission on Peace Officer Standards and Training (POST). POST sets the standards for training and certification of peace officers in California and approves training facilities throughout the state, including at community colleges. A POST certificate is a statutory prerequisite to exercising the powers of a peace officer in California. (See In re Acknowledgment Cases (2015) 239 Cal.App.4th 1498, 1506-1507.) POST made several recommendations to the community college after their independent investigation, including the use of new “scenario managers” when testing peace officer recruits. Following POST’s investigation into the testing failures and resulting recommendations, the community college discharged Dawson and Finkbiner, who challenged their discharge decisions in separate lawsuits. After two different judges granted the community college’s motions for summary judgment, Dawson and Finkbiner appealed in May 2023. They filed their…