“Participation in the POST Program is voluntary.”
Cal. Code Regs., tit. 11, § 1010(a)(2)
July 1990 — Officer 341 issued a parking ticket to a vehicle belonging to Regent Dean A. Watkins, while he was attending a Regents meeting on the UCLA campus.
Two commanding officers ordered 341 to cancel the ticket.
He refused — and reported the incident as a ticket-fixing case directed by the Chancellor, the Regent, and UCLA police administrators, and filed a formal grievance, AR 91-01-14 — the first formal grievance in the record.
Ordering a peace officer to void a lawfully issued citation is illegal under California law. Both commanding officers who issued the order became central figures in the six-year retaliatory campaign that ended with Officer 341 being forced out of UCPD in 1996 — the same year the current UCLA Chief of Police graduated from this university.
Both of those commanding officers became central figures in the retaliation lawsuit that followed.
The current UCLA Chief of Police is a named respondent in the POST complaint this Preface introduces. He is also, in the view of the complainant, the most qualified chief UCLA has ever hired — and the clearest proof that qualifications are not the variable. The complaint had to name him because the office he holds is the one that took the action under review. But the argument this Preface makes is not that a different chief would have done differently. The argument is that no University of California Chief of Police could.
The current UCLA Chief of Police reports to work every morning inside a contradiction. He was trained to enforce accountability. He runs a department that has never been subject to it.
The current UCLA Chief of Police was a UCLA undergraduate from 1992 to 1996. He was a political science major on this campus during the final four years of Officer 341’s UCPD career — the years documented in Chapter 05 of this report. He was here for all of it. The same campus. The same institution. Different side of the badge.
The year he graduated UCLA — 1996 — was the same year Officer 341 was forced out of UCPD. He then joined the Los Angeles Police Department and spent the next twenty-nine years inside the single municipal department that proved federal police accountability works. He served at LAPD during the 2001–2013 federal consent decree — 191 reforms ordered under what is now 34 U.S.C. § 12601 — and rose to command rank inside the reformed department. He attended the FBI National Academy. He completed the Sherman Block Supervisory Leadership Institute and the LAPD Command Development Program. He holds a Master of Public Administration from USC. He commanded North Hollywood and served in Metro Division.
He is, on paper, the most qualified chief UCLA has ever hired. He is over-qualified for a system that does not use what he was trained to provide. He was sworn in as UCLA Chief of Police in October 2025. He is the fourth chief at UCPD in three years.
Every morning he walks into a department where none of what he was trained on applies. No federal consent decree has ever touched a UC police department. No pattern-or-practice investigation. No external civilian oversight body with subpoena power. The tool he watched work at LAPD — 34 U.S.C. § 12601 — has never been used at any UC campus in the statute’s entire existence. He is running a police department in the one corner of California where his training does not apply.
Isn’t there a law? Can’t the state do something? Can’t the federal government do something? Those are the chief’s questions. He cannot answer them out loud without ending his tenure. He is trapped inside a Kobayashi Maru scenario that sits inside the oldest principle in law: nemo iudex in causa sua — no one should be judge in their own case. When the institution being investigated is also the institution running the investigation, the principle says: that is not a fair process. That is not a process that produces real accountability. The chief knows this. His training is built on it. His job forbids him from saying so.
If you think the chief is in a tight spot, you’re right, he is — look two buildings over. On February 13, 2026, UCLA’s own Chief Financial Officer, Stephen Agostini, told the Daily Bruin that the university’s annual financial reports since 2002 were “erroneous and unaudited,” that UCLA carried a $425 million structural deficit, and that a $150 million finance-modernization project had been wasted. Four days later, on February 17, Chancellor Frenk fired him.
On March 30, 2026, Culver City hired him as their Chief Financial Officer — and in the hiring announcement, Culver City credited him with closing a $300 million budget gap at UCLA and delivering a balanced budget. The same institution that fired him for speaking became the line on his resume that got him his next job. That is the proof of concept for this Preface. A UCLA official told the truth out loud, was removed in four days, and was publicly vindicated six weeks later by the next employer who read his record. The chief has read that record too. He knows exactly how the sentence ends. That is why he cannot say it himself.
That contradiction — a qualified chief who cannot deploy what he was trained on, named as a respondent for conduct the office itself required — is the frame for everything that follows. The rest of this Preface documents the specific case that brought the complaint, and the structural reasons the POST process it was filed under cannot, by its own design, resolve it.
In quantum physics, Schrödinger’s cat exists in a superposition of two states — simultaneously alive and dead inside an unopened box — until an observer opens the box and collapses the wavefunction into one, and only one, measured outcome.
For over thirty years, the University of California has held Peace Officer 341 in precisely that superposition: simultaneously a Duty Disability Income recipient and a Service Retiree — two mutually exclusive eigenstates under the UC Retirement Plan — and the wavefunction – is the cat dead or alive? – collapses the moment somebody opens the box.
The box is Officer 341’s personnel file.
On August 25, 2023, and again on February 10, 2026, three command-level officers inside a University of California police department — the Captain, the Chief, and the Lieutenant — participated in classifying Peace Officer 341’s employment, in writing, as “status was designated as medically separated on March 1, 1996,” and used that classification to cancel his concealed-carry permit. That written determination directly contradicts the University’s own eleven years of treating him as “retired” — including two CCW permits issued by UCLA PD itself.
Then after three formal requests, the officers withheld his legally protected personnel file — the file Government Code § 3306.5 guarantees every California peace officer the right to inspect — the one file whose contents would collapse the superposition and fix his employment classification as one state or the other.
Opening Schrödinger’s box, Officer 341’s personnel file, will confirm the employment classification. Either eigenstate costs the University money.
A) Observed state: “Medically Separated” / Duty Disability Income. The exact status the University itself assigned him in 2001, retroactive to March 1, 1996, when its own claims administrator, Octagon Risk Services, declared him permanently and stationarily disabled. The University’s own 1099-R records confirm it: from 2009 through 2014, every year, UC reported his pension under Distribution Code 3 — Disability, with the taxable amount correctly shown as a small fraction of the gross. Then, in 2015 a University UCRAYS rep called Officer 341 and told him he needed to convert his disability income to a service retirement or he would lose all his income (turns out that was a lie). So, on June 1, 2015, without a hearing, and without Workers’ Compensation Appeals Board approval, UC flipped the code and reported Officer 341’s 2015 1099-R as Code 2 — Early Retirement. UC then reported his income that way for ten straight years (2015–2024); earlier 1099-R records will confirm the entire period back to 1996. If state A is true, then the University owes him hundreds of thousands of dollars in back pay plus the tax consequences of its own misclassification.
B) Observed state: “Retired” / Service Retirement. The way the University began treating his record on June 1, 2015 and continued to treat it for over a decade. If that is the state the file confirms, then under Labor Code § 5803 — which grants the Workers’ Compensation Appeals Board continuing jurisdiction over every settlement it approves — they owe him back pay for unilaterally separating him from his workers’ comp case without court approval, and the CCW they just took away.
Either employment classification measurement collapses against the officers and the University. So they refused to measure. They locked the box and made the file disappear — with cover from twenty-five documented data breaches inside the University’s own record-keeping systems, and from the University’s own Chief Financial Officer, who stood in front of the Daily Bruin on February 13, 2026 and said UCLA’s annual financial reports posted on its website “since 2002 are erroneous” and unaudited, that the $213 million project to modernize UCLA’s financial systems produced “nothing to show for it,” and that he had “rarely seen the kind of financial management flaws and failures” he saw at UCLA. Four days later, UCLA fired him.
If a department can make a peace officer’s personnel file disappear when that file becomes evidence against the department itself, it can happen to any officer in California — or any officer in America.
This report does not present an abstract regulatory dispute. It presents documented conduct by three POST-certified commanding officers whose collective actions and inactions directly and presently interfere with 65-year-old Officer 341’s cancer and A-Fib treatment and his ability to obtain and maintain the continuous, uninterrupted medical insurance and treatment he is entitled to and protected by the Fourteenth Amendment’s Due Process Clause, and by the Fifth Amendment where federal law reaches, including the Law Enforcement Officers Safety Act.
The Fourteenth Amendment says the government can’t take your property without giving you a hearing first. Health insurance that’s part of your retirement is property — courts have said so since Goldberg v. Kelly (1970). They took it. No notice. No hearing. That’s the violation. The University of California is a state actor. The commanding officers named in this complaint are state actors. The retiree whose coverage was canceled mid-treatment is the person the Amendment was written to protect.
Officer 341’s personnel record is not a bureaucratic record of historical interest. These commanding officers have variously reviewed it, cited it, and relied upon it for official determinations — and then simultaneously characterized it as located, in transit, archived, and possibly non-existent. Impossible simultaneous states of existence.
Officer 341’s personnel record is the one record whose production resolves his employment classification — and that classification determines whether he is entitled to disability retiree health insurance coverage, tax-exempt disability income, and the protections of the federal Law Enforcement Officers Safety Act.
Without definitive resolution of that classification, the University of California’s benefits administration has unilaterally canceled his health insurance without notice, reinstated it without notice, then set a future cancellation date that ran afoul of federal insurance regulations, all while Officer 341 was undergoing active treatment for concurrent life-threatening conditions.
The conduct by the UCLA commanding officers documented herein is the direct and proximate cause of that cancellation’s ability to persist unresolved.
Two POST Public Complaints Filed by Officer 341 — Both Against the Same Three Officers
Respondents in both complaints: the Captain (Badge #307), the Chief, and the Lieutenant (Recently Retired)
Both complaints were acknowledged by the Intake and Disposition Bureau, Peace Officer Standards Accountability Division, Commission on Peace Officer Standards and Training. This report provides the documented context for those complaints — and explains why the officer who filed them already knows nothing will be done.
The reason he already knows is not cynicism. It is written into the regulation itself. Under California law, a police department’s participation in the POST program is voluntary. An agency can walk away, ignore a reporting requirement, or sit on a complaint — and keep its badges, guns, and arrest powers under local authority. That is the gap this report documents, and it is where the next section begins.
Within a 30-month window between August 21, 2023 and February 24, 2026, sworn members of a University of California police department — the Captain, two Lieutenants, and the Chief of Police (in his capacity as the final decisionmaker, as the Captain himself stated in writing on August 22, 2023: “The final decision regarding the issuance of any CCWs rests with the Chief of Police following the existing departmental policy and laws”) — issued and acted upon seven mutually inconsistent classifications of Officer 341’s employment status, each in writing on University police-department letterhead, each from the agency that holds custodial authority over Officer 341’s sworn-officer personnel file.
The complete email thread is reproduced at EX 17a; the originating Active Retiree List mass email is at EX 17. The campus compliance office and the University police department already possess these documents; the table below is provided so that the contradictions on the face of the institution’s own records are catalogued in a single page.
| # | The Department’s Classification of Officer 341 | The Department’s Own Words (verbatim) | Source |
|---|---|---|---|
| 1 | “Active retiree” | Mass email of August 21, 2023 at 1:04 PM, Subject “UCLA Police Department Active Retiree List,” sent by the Captain to the Department’s active retiree distribution list. Officer 341 was on the distribution list and addressed as an active retiree. | EX 17 |
| 2 | Retiree (CCW-eligible pending qualification) | Captain’s email of August 21, 2023 at 5:14 PM: “Let me check your file and I’ll get back to you. We allow a retiree to qualify at their local agency and send the results to us.” Treated Officer 341 as a CCW-eligible retiree pending qualification check. | EX 17a, p. 4 |
| 3 | Officer with “tenure fewer than ten years” (not LEOSA-qualified) | Captain’s email of August 22, 2023 at 9:53 AM: “Upon reviewing the available records, it has come to my attention that your tenure as an officer with UCLAPD was within a span of fewer than ten years … the issuance of a CCW would not be feasible” under LEOSA, 18 U.S.C. § 926C. Disregarded Officer 341’s 21.667 years of UCRP service credit and total California POST tenure since 1983. | EX 17a, p. 2 |
| 4 | “Medically separated on March 1, 1996” | Captain’s letter of August 25, 2023 at 10:59 AM: “After a comprehensive review of your file, I have determined you are ineligible for a CCW. Your status was designated as medically separated on March 1, 1996. Consequently, we cannot grant you a CCW per a UCOP mandate.” Directly contradicts the August 21, 2023 “active retiree” designation issued four days earlier by the same officer. | EX 17a, p. 6 |
| 5 | Disputed-status case under Allison Jacobs v. Regents | Same Captain’s letter of August 25, 2023, attaching as “the most recent case that transpired through the court of appeals” the decision in Allison Jacobs v. The Regents of the University of California. By citing Jacobs as controlling, the Department placed Officer 341 within the binary the case adjudicates — Duty Disability Income recipient or retiree — and acknowledged the doctrine that the two are mutually exclusive states under the UCRP. | EX 17a, p. 6 |
| 6 | Officer with an asserted but undisclosed “date of separation, classification, [and] status” | Captain’s email of February 10, 2026 at 6:13 PM: “I reviewed your ‘file’ and cross-referenced the records, including your date of separation, classification, status, and our internal records.” Quotation marks around “file” are the Captain’s own. Asserts a separation date, a classification, and a status — but refuses to identify any of them, and shuts down further communication 1 hour and 9 minutes after Officer 341’s formal demand for record reconciliation that same evening. | EX 17a, p. 11 |
| 7 | Retiree whose personnel file has been “archived” | Lieutenant’s email of February 24, 2026 at 3:04 PM: “I am currently searching for your file. Because of the period of passed time since your retirement, your file has been archived.” The Department’s own admission, in writing, that Officer 341 IS a retiree of the Department and that the file documenting his classification is in archival storage. Directly contradicts the “medically separated” framing of August 25, 2023. | EX 17a, p. 15 |
| Custody-of-File Statements Following the February 9, 2026 Litigation Hold (EX 20) | |||
| — | File “located,” being sent | Lieutenant’s email of February 24, 2026 at 1:24 PM (15 days after Officer 341 served the spoliation/litigation-hold letter on the Captain): “Your file has been located and is being sent to me. Once I am in possession of it, I will forward you the information that you requested.” | EX 17a, p. 13 |
| — | File “located,” being sent (repeated 59 minutes later, identical wording) | Lieutenant’s email of February 24, 2026 at 2:23 PM: “your file has been located and is being sent to me. Once I am in possession of it, I will forward you the information that you requested.” The verbatim repetition fifty-nine minutes after the first “located” confirmation indicates the Lieutenant believed, on the morning of February 24, 2026, that the file existed and was in transit. | EX 17a, p. 14 |
| — | File reversal — now “archived” and being searched (41 minutes after the prior “located” confirmation) | Lieutenant’s email of February 24, 2026 at 3:04 PM: “My apologies. I am in receipt of your request but I am currently searching for your file. Because of the period of passed time since your retirement, your file has been archived. I appreciate your patience while I continue my search.” A file confirmed as “located and being sent” at 2:23 PM became a file that had to be searched for at 3:04 PM — same officer, same file, same hour. (This is also Classification #7 above.) | EX 17a, p. 15 |
| — | “Wrong box” delivered; files may not still exist | Lieutenant’s email of April 1, 2026 at 10:10 AM (51 days after the spoliation/litigation-hold letter): “I did receive a box that should have had your files in it, but it was not the correct box. I am now in the process of tracking down the correct box. It has been quite some time since you worked here so locating your files, if they still exist, is a bit challenging.” The Department admits in writing, fifty-one days after a litigation hold was served on the captain who supervised this file, that the agency cannot confirm whether Officer 341’s personnel file still exists. The prior Acting Chief had previously stated to Officer 341 that the file had been destroyed many years ago. | EX 40 |
On February 9, 2026, Officer 341 served on the Captain a written response to the August 25, 2023 CCW denial that included, on its face and in unambiguous terms, a formal litigation-hold and preservation demand. The relevant section is reproduced verbatim below from EX 20, page 9:
“This letter constitutes a formal litigation hold and preservation demand. You, the University police department, and the University of California are hereby directed to preserve all documents, records, files, electronically stored information, emails, database entries, payroll records, budget documents, etc. and any other materials relating to Officer 341, including but not limited to the file you stated you reviewed on or before August 25, 2023. Any destruction, alteration, deletion, or failure to preserve such materials after receipt of this notice may result in adverse inference instructions, spoliation sanctions, and independent tort liability under California law. (See Cedars-Sinai Medical Center v. Superior Court (1998) 18 Cal.4th 1, 11–12; Williams v. Russ (2012) 210 Cal.App.4th 35, 47–48.)”
Every custody-of-file statement issued by the Lieutenant in the table above postdates this litigation hold:
The Captain was a CC recipient on every February 24, 2026 email. The Captain was the named recipient of the February 9, 2026 litigation hold itself. The routing Lieutenant was a CC recipient on the February 24, 2026 emails and the routing officer who forwarded Officer 341’s evidentiary package to the records-custody Lieutenant on the morning of February 24, 2026. The Chief was a CC recipient on Officer 341’s February 20, 2026 audit-package transmittal that preceded the February 24, 2026 email exchange. The litigation hold was, by the institution’s own email metadata, known throughout the Department’s command chain at the time the four custody-of-file statements were issued.
Under Cedars-Sinai Medical Center v. Superior Court, 18 Cal.4th 1, 11–12 (1998), and Williams v. Russ, 210 Cal.App.4th 35, 47–48 (2012), the trier of fact in any subsequent proceeding may presume that a personnel file the custodian cannot produce, after written notice not to destroy it, would, if produced, support the position of the party against whom the file was lost. Under California Evidence Code § 413, the trier of fact may infer that the missing evidence would be adverse to the party who failed to preserve or produce it. The four Lieutenant statements catalogued above are the documentary record on which both presumptions rest.
The April 1, 2026 “wrong box” statement is not credible on its face. The Captain was on the documentary record — in writing, on University police-department letterhead — as having reviewed Officer 341’s personnel file on at least two separate occasions: first on August 25, 2023, when the Captain wrote “After a comprehensive review of your file, I have determined you are ineligible for a CCW. Your status was designated as medically separated on March 1, 1996” (Classification #4 above); and again on February 10, 2026, when the Captain wrote “I reviewed your ‘file’ and cross-referenced the records, including your date of separation, classification, status, and our internal records” (Classification #6 above) — one day after Officer 341 served the February 9, 2026 litigation hold (EX 20) on the Captain himself. The Captain could not have made either determination — the August 2023 CCW denial or the February 2026 cross-reference — without having the file in his physical or digital possession at the time he wrote each statement.
On March 31, 2026, in the email that the Lieutenant was responding to when he issued the “wrong box” statement of April 1, 2026 (EX 40, p. 1), Officer 341 expressly directed the Lieutenant to ask the Captain where the file was. The relevant passage reads, verbatim: “Captain … was copied on all three emails. Captain … had previously confirmed reviewing this same file on August 25, 2023, and again on February 10, 2026 so I am curious, where is it now?” The Lieutenant’s April 1, 2026 reply does not answer that question. It does not state that he asked the Captain. It does not state what the Captain said. It instead introduces a new account in which the file may not exist at all — an account that cannot be reconciled with the Captain’s own two prior written statements that he had reviewed the file.
The Department’s position, taken as a whole, is therefore the following: (1) the Captain had the file in August 2023 and used it to medically separate Officer 341; (2) the Captain had the file in February 2026 (one day after the litigation hold was served on him) and used it to confirm Officer 341’s “date of separation, classification, [and] status”; (3) fifteen days later the Lieutenant, copying the Captain on each message, said the file was “located” (twice), then “archived,” in a single afternoon; (4) fifty-one days after the litigation hold, the Lieutenant stated the agency had received the wrong box and the file may not exist. These four positions cannot all be true on the same set of facts. Either the Captain had the file in 2023 and 2026 (in which case the file exists and the Lieutenant’s April 1, 2026 statement is wrong), or the Captain did not have the file in 2023 and 2026 (in which case Classifications #4 and #6 above were issued without the documentary basis the Captain himself claimed). Both positions cannot be sustained simultaneously.
The Department has therefore placed itself, in writing, in the position of having admitted — through the Lieutenant, the custodian of the file the Captain quoted from to issue Classification #4 (the “medically separated on March 1, 1996” designation) — that the foundational document supporting Classification #4 may no longer exist, after the institution received a litigation hold expressly forbidding its destruction. The classification stands. The file does not. The captain who issued the classification, the captain who twice wrote that he had reviewed the file, and the captain who was copied on every custodial statement that followed, has not explained the contradiction.
The custody-of-file statements catalogued in the table above were issued by sworn California peace officers acting under color of authority, in writing, on University police-department letterhead, after Officer 341 had served a written litigation hold (EX 20) on the Captain on February 9, 2026. The file at issue is Officer 341’s peace-officer personnel file — a category of record protected under California Penal Code § 832.7 and the Pitchess-discovery framework. The Captain was on the documentary record as having reviewed that file twice (August 25, 2023 and February 10, 2026). The Lieutenant, copying the Captain on each communication, then issued four mutually inconsistent statements about whether the same file was located, archived, mis-shipped, or no longer in existence. The Department’s position cannot be sustained simultaneously on the institution’s own record. At least one of the statements cannot be reconciled with the documentary record.
Where peace officers, acting in their official capacity, issue written statements that cannot be reconciled with their own prior written statements regarding a protected personnel file subject to a known preservation demand, the conduct triggers, at minimum, the following authorities:
The campus compliance office is hereby placed on notice that the custody-of-file statements catalogued above are not a clerical inconvenience. They are written statements by sworn peace officers about a protected personnel file, made after a documented litigation hold, that cannot be reconciled with the same officers’ own prior written statements that they had reviewed the file. The conduct fits, on its face, the authorities listed above. Any “matter closed” determination by the campus compliance office is incompatible with the statutory framework that governs the same conduct.
The University police department’s voluntary participation in the POST program rests on two distinct statutory authorities, and the conduct catalogued in this section triggers both.
AUTHORITY 1 — Individual Officer Decertification. Senate Bill 2 / Penal Code § 13510.8 + Title 11 CCR § 1205. The Peace Officer Standards Accountability Division (POSAD) holds jurisdiction to revoke the certification of any individual sworn peace officer whose conduct meets one of the nine grounds for serious misconduct, including dishonesty in the reporting or investigation of misconduct. Three POSAD complaints have already been filed by Officer 341: PUBLIC-26-000212 against the Captain; PUBLIC-26-000213 against the Chief; PUBLIC-26-000214 against the Lieutenant (ret.). All three have been acknowledged by POSAD.
AUTHORITY 2 — Agency Compliance Audit. Penal Code § 13512 + Title 11 CCR § 1010. Separate from individual decertification, POST holds statutory authority to audit any agency in the POST program for non-compliance with selection, training, and recordkeeping standards, and with all Commission regulations. PC § 13512 directs POST to “make inquiries as necessary to determine if agencies in the POST program are adhering to selection and training standards.” Title 11 CCR § 1010 conditions agency POST eligibility on continuing adherence to all Commission regulations. POST’s own published guidance confirms that the Standards & Training Bureau conducts agency compliance audits under these authorities.
Where an agency cannot, on its own written record, sustain a coherent classification of one sworn officer’s employment status — and where the agency cannot, after a documented litigation hold, locate the personnel file that supports its own classification decision — the agency’s compliance with the Commission’s recordkeeping, CCW, and personnel-records regulations is itself a question for audit. Per the POST Commission Policy Manual (2024 edition), agency audits result in formal findings of “Voluntary Compliance” or “Voluntary Non-Compliance” — the latter defined as the situation in which the agency is aware of its deficiencies and is making little or no progress to correct them.
The two authorities are complementary, not duplicative. Individual decertification under SB 2 holds named officers personally accountable for serious misconduct. An agency audit under PC § 13512 examines whether the institution itself is in compliance with the rules of POST participation. Both are warranted on this record. A formal request for a Standards & Training Bureau agency audit under PC § 13512 and Title 11 CCR § 1010, cross-referenced to the three pending POSAD complaints, has been transmitted in parallel to this filing.
The seven classifications above were issued in writing by sworn California peace officers — the Captain, two Lieutenants, and the Chief in his capacity as the final decisionmaker on these matters — speaking as state actors with custodial authority over Officer 341’s personnel file. The legal weight of those statements, in any forum that adjudicates Officer 341’s classification, is governed by California’s evidentiary framework:
• California Evidence Code § 1280 (Public Employee Records Exception). Records made by a public employee within the scope of duty are admissible to prove the act or condition stated. The Captain’s August 25, 2023 letter, his February 10, 2026 email, and the Lieutenant’s February 24, 2026 email were issued on University police-department letterhead by sworn personnel acting in the scope of their administrative duties. They are admissible as substantive evidence of the Department’s official position on Officer 341’s status — against the agency that issued them.
• California Evidence Code § 1271 (Business Records Exception). The Department’s internal personnel file — the source the Captain and the Lieutenant expressly cited — is itself admissible business-record evidence. The Captain’s direct quotation from that file (the “medically separated on March 1, 1996” designation, classification #4 above) carries the file’s own evidentiary weight as a matter of law.
• California Evidence Code § 413 (Failure to Produce Evidence). The Department’s documented inability to locate Officer 341’s archived personnel file (the Lieutenant, February 24, 2026, 3:04 PM, classification #7 above) permits the trier of fact to draw the inference that the missing file would, if produced, support Officer 341’s position rather than UC’s.
• Spoliation doctrine. Under Cedars-Sinai Medical Center v. Superior Court (1998) 18 Cal.4th 1, and its progeny, where a party with custodial duty over evidence loses, destroys, or fails to produce that evidence, the trier of fact may presume the lost evidence was unfavorable to the custodian. The Department, as the custodial agency for Officer 341’s sworn-officer personnel file, bears that risk of presumption on every classification question now in dispute.
In any forum that adjudicates Officer 341’s classification — the Workers’ Compensation Appeals Board, an administrative review, or a court of competent jurisdiction — the Captain’s and Lieutenant’s emails are not opinion, hearsay, or one party’s side of the story. They are the official position of the University police department, admissible on UC’s own records, against UC.
Of the seven classifications the Department has issued Officer 341 in 30 months, one controls them all. On August 25, 2023, the Captain — a sworn California peace officer acting as a state actor with custodial authority over Officer 341’s personnel file — stated in writing on University police-department letterhead: “Your status was designated as medically separated on March 1, 1996.” That single sentence, issued by the agency with the most authoritative records UC possesses on this question, resolves the binary by force of UC’s own controlling case law.
Under Jacobs v. Regents of the University of California (2017) 13 Cal.App.5th 17 — the very case the Captain himself attached to his denial letter as “the most recent case that transpired through the court of appeals” and identified as the controlling authority on Officer 341’s status — and its predecessor Alberts v. Regents (Alameda Super. Ct., September 24, 2012) [unpublished], the legal term that describes Officer 341 is fixed: he is a Duty Disability Income recipient who, in the words of UC’s own Gold Book Policy 1700.1(b)(1) (August 18, 2020), “has not retired or separated from the University of California.” Jacobs holds expressly that “the UCRP contains no disability retirement” and that DDI recipients “are not retired under the UCRP.” The two states — DDI recipient and retiree — are mutually exclusive under UCRP and under the controlling case law.
The Department, by the hand of its own captain, citing the very case that controls the question, classified Officer 341 as medically separated due to industrial injury — which under Jacobs and the Gold Book is the precise factual predicate for the legal classification “Duty Disability Income recipient.” The agency with custodial authority over the underlying personnel record has therefore confirmed Officer 341’s UCRP status, by name, on University police-department letterhead, in writing, citing the same case law that binds UC.
Every contradictory classification UC has issued since — the 2015 reclassification of Officer 341 to “regular service retirement” without WCAB approval; the 2015 dual-coded IRS Form 1099-R (Code 2 and Code 3 in the same tax year); the 2016–2024 Code 2 and Code 7 distributions; the $727.48-per-month premium deductions taken from a DDI recipient whose medical coverage is employer-paid under the workers’ compensation settlement; the Williams-Cook “non-compliance with retiree health policy” determination of February 27, 2026; and the April 1, 2026 Anthem termination — collides head-on with the Captain’s own statement, with Jacobs, and with UC’s own Gold Book policy that binds the institution.
UC cannot, on a single set of facts, treat Officer 341 as both medically separated (the Department’s position, classification #4 above) and retired (the systemwide benefits office’s position) when its own controlling case law and its own published policy expressly forbid the hybrid. One office is right and the other is wrong; under Jacobs, the office that is right is the one whose classification matches the underlying factual record — and on that record, the Department’s “medically separated” finding is the one supported by the August 8, 2001 Octagon permanent-and-stationary determination, the WCAB-approved settlement in Claim No. 199650445, the WCAB’s exclusive jurisdiction under California Labor Code §§ 5803–5804, and the federal tax treatment Officer 341 actually received from 2010 through 2014 (Code 3, Disability, 92.7% tax-free).
The name UC’s own case law gives Officer 341 is therefore not “retiree.” It is Duty Disability Income recipient — and that classification was confirmed on University police-department letterhead, by the Captain himself, on August 25, 2023, citing the very appellate decision that bound UC then and binds UC now.
For the Record — UC Police Are Full State Peace Officers
POST Certifies Individual Officers — It Does Not License Departments
SB 2 — The Kenneth Ross Jr. Police Decertification Act of 2021
The Enforcement Gap — Voluntary Participation and the “Penalty” of Ineligibility
POST already has direct personal jurisdiction over every commanding officer who signed off on a late report, buried a complaint in “other,” or retaliated against a whistleblower. Most of the people running California police departments — the chiefs, captains, lieutenants, and commanders — are themselves POST-certified peace officers. POST was built to uphold the Law Enforcement Code of Ethics, and the certification lever already exists. The gap is not a missing law or a missing agency. It is a missing decision — by the body that already holds the power — to use the tool it already has.
California’s decertification system, created by Senate Bill 2, went live January 1, 2023. After three years of operation, here is the record — reported by POST itself in its 2025 Peace Officer Standards and Accountability Division Annual Report.
Read the list yourself. Then read the news coverage of the cases. Look at the language the reporters use: “while on patrol,” “responded to the call,” “during the traffic stop,” “working the shift,” “arrested for,” “falsified records during a stop.”
Count how many read like a patrol officer’s shift. Count how many read like a chief’s calendar.
The only command-rank case this reporter could identify in public press coverage is San Rafael Lieutenant Dan Fink, who voluntarily surrendered his certification in May 2023. POST did not push the case. He walked away on his own terms.
300 chief complaints in. Zero chiefs out.
When a member of the public files a complaint against a chief or a sheriff, POST says those complaints go to “the Professional Conduct Bureau Chiefs” for priority review. POSAD 2025 Annual Report, p. 7. Here are the three people who hold that title, per the POST Management Team page.
Above the three Bureau Chiefs:
Every person in the chain that screens a complaint against a chief or sheriff at POST is a retired peace officer or a retired federal agent. Two of the three Bureau Chiefs ran internal affairs or professional standards units at their own departments before being promoted to POST.
The Record Is Unclear. If a complaint against a chief or sheriff survives the Bureau Chief screening and the Executive Director’s sign-off, the final decision on decertification is a vote by the POST Commission itself. The Commission has 18 seats. Sixteen are currently publicly listed by name and bio. Here is who holds them, by official title and prior career.
To decertify a peace officer, California Penal Code § 13510.85(a)(5) requires “a two-thirds vote of Commissioners present.”
On an 18-seat commission at full attendance, that means 12 yes votes to decertify. Seven no votes block it.
Ten of the sixteen publicly-listed Commissioners come from sworn law enforcement or police-union leadership.
California Penal Code § 13510.8(b) lists nine categories of serious misconduct on which POST can strip a peace officer’s certification. Read them in order. Watch what happens at Category 1. Then watch what happens again at Category 5.
Dishonesty. False reports, perjury, tampering with or destroying evidence, body-worn camera tampering.
Most people, hearing “police misconduct,” picture force first. Category 1 is what the public almost never sees and what every command staff knows is the hardest charge to survive: dishonesty in writing, on department letterhead, by sworn personnel. Once a peace officer’s candor is documented as compromised, every prior arrest report, search-warrant affidavit, and use-of-force narrative that officer authored becomes Brady material the District Attorney must disclose to defense counsel for the rest of that officer’s career.
Section IV of this Preface catalogues, in the Department’s own words, seven mutually inconsistent written classifications of the same retired officer’s status, issued by the same agency over a 30-month window, and four mutually inconsistent written statements — from the same Lieutenant, on the same day, in a single afternoon, then again 51 days later — about whether the personnel file supporting one of those classifications is located, archived, mis-shipped, or no longer in existence. All of it postdates a written litigation hold served on the Captain in February 2026. These are not anecdotes. They are the documentary record of Category 1 conduct, on the agency’s own letterhead, available to POST without a single subpoena.
CATEGORY 2 — Abuse of Power. Intimidating witnesses, knowingly obtaining a false confession, knowingly making a false arrest.
CATEGORY 3 — Physical Abuse. Excessive or unreasonable use of force.
CATEGORY 4 — Sexual Assault.
Demonstrating Bias — on the basis of race, national origin, religion, gender identity or expression, housing status, sexual orientation, mental or physical disability, or other protected status.
CATEGORY 6 — Acts That Violate the Law — sufficiently egregious or repeated.
CATEGORY 7 — Participation in a Law Enforcement Gang.
CATEGORY 8 — Failure to Cooperate with a Misconduct Investigation.
CATEGORY 9 — Failure to Intercede when observing another officer use unnecessary force.
Most people, if they think about civil-rights violations at all, picture Category 3. Rodney King. Video. Blood. That is the only one the public recognizes on sight.
But read Category 5 again. Every word of it is 42 U.S.C. § 1983. Same protected categories. Same constitutional source — the Fourteenth Amendment. One gets prosecuted administratively by POST. The other gets prosecuted in federal court by the person who was harmed. Same conduct. Two doors.
The filing to POST does not beg POST to recognize a civil-rights violation. The filing to POST says: you already codified it at Category 5. Here is one. Act on it — or explain in writing why the state’s own statute does not apply when the officer being harmed is one of your own.
Playbook No. 341 is about one of those.
Officer 341 already knows the outcome. Not because the complaints lack merit. Not because the evidence is insufficient. But because he went down this road thirty-seven years ago and faced off against the Regents of the University of California — which, as we will see later, is literally the fourth branch of government in California.
Back in the day, he reported corruption. He documented command-level misconduct. He filed grievances, contacted the FBI, the DA, the Bureau of State Audits, the Little Hoover Commission. He did everything the system says he was required to do.
And not a single thing was done.
What follows in this report is not a prediction. It is a documented pattern — decades of evidence showing exactly what happens when an officer inside the University of California system reports the truth up the chain. The officer pays the price. The University retains its authority, and the agencies that are supposed to provide oversight discover — if they even try — that the constitutional wall surrounding the Regents of the University of California makes enforcement structurally impossible.
This is not the story of one campus. The chapters that follow document a pattern that repeats across all ten University of California police departments — the same structural failures, the same lack of external accountability, the same constitutional shield. Ten departments. Ten campuses. One system. No oversight with teeth.
These POST complaints will follow the same path. Not because POST lacks the power to act against the individuals involved — it has that power today. But because the institution those individuals work for operates under a set of rules that no other employer in California is subject to. In fact, as the chapters that follow will demonstrate, virtually no other employer in America is subject to them.
The chapters that follow explain why.
The University of California is recognized worldwide as a leader in medicine, health sciences, public health research, and patient care. UCLA Health consistently ranks among the finest medical institutions on earth. The University produces the physicians, researchers, and public health leaders who set the standard for how healthcare should work.
Officer 341 respectfully suggests that the University’s mistreatment of its own retired peace officer’s retirement status and medical benefits — a peace officer who served and protected the leaders of UCLA — falls far short of the standard of excellence, integrity, and adherence to law that the University demands of its students, its faculty, and its physicians.
Heroes of medicine and science — that’s the world’s view of the University of California. Officer 341 asks only that UC behave like heroes — the heroes the world believes them to be.
Cal. Code Regs. Title 11, § 1010
“Participating in the POST Program is voluntary.”
The Constitutional Oath of Office — is not.
Neither is the Law Enforcement Code of Ethics,
administered under 11 CCR § 1013.
POST can still enforce both.
The complete documented record of the University of California Police System. Each chapter is independently verifiable. All sources cited. Readers are encouraged to verify every citation independently.
Live links to every statute, regulation, and source referenced above. Every fact in this report is independently verifiable.
[S-1] California Penal Code § 830.2(b) — UC police classified as full state peace officers (same tier as CHP and CSU).
[S-2] California Education Code § 92600 — Statutory authority under which UC appoints peace officers.
[S-3] Senate Bill 2 (2021) — Kenneth Ross Jr. Police Decertification Act — Enacted Penal Code §§ 13509.5, 13510.8, 13510.85.
[S-4] California Penal Code § 13510.9 — POST certification record duties.
[S-5] California Penal Code § 13510.1 — POST basic certificate authority.
[S-6] Assembly Bill 48 (2021) — Protest Use-of-Force Reporting — UC campus police compliance subject of LAist reporting.
[S-7] California Government Code § 3306.5 — Peace officer personnel records access.
[S-8] 11 Cal. Code Regs. § 1010 — POST minimum standards for peace officers.
[S-9] 18 U.S.C. § 926C (LEOSA) — Law Enforcement Officers Safety Act.
[S-10] California POST — Agency Home
[S-11] POST — Law Enforcement Agencies Directory
[S-12] POST — Peace Officer Certification Actions (public SB 2 decertification record).
[S-13] POST — SB 2 Frequently Asked Questions
[S-14] International Association of Chiefs of Police — Law Enforcement Code of Ethics