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AGENDA ITEM REPORT

Title: Report on Personal Services Contracts
REPORT PROFILE
MEETING DATE
10/24/2013		 BUREAU SUBMITTING THIS REPORT
Executive Office
RESEARCHED BY (PRINT NAME)
Charles Evans		 REVIEWED BY (PRINT NAME)
Alan B. Deal
REPORT DATE
10/24/2013		 APPROVED BY
Robert A. Stresak		 DATE APPROVED
10/18/13
PURPOSE
Decision Requested		 FINANCIAL IMPACT
No

ISSUE, BACKGROUND, ANALYSIS, & RECOMMENDATION
ISSUE:
Should the Commission authorize the Executive Director to develop and pursue legislation allowing POST greater flexibility in the use of personal services contracts to meet the training needs of California law enforcement agencies that participate in the POST program?
BACKGROUND:
The State Civil Service Act authorizes state agencies to use personal services contracts if prescribed conditions are met.  Current law prohibits a state agency from executing a personal services contract, except in specified sudden and unexpected situations, until it has certified that all employee organizations that perform the type of work being contracted out have been notified.

Although many personal services required by POST contracts can be performed by existing state employees, the curriculum development and instructional services necessary to carry out the training activities in compliance with Chapter 1 (commencing with Section 13500 of Title 4 of part 4 of the Penal Code) are not consistently available within state civil service.

The American Federation of State, County and Municipal Employees (AFSCME) and the Service Employee’s International Union (SEIU) affirm that California spends millions of dollars paying for contracts and temporary employees at State institutions rather than hiring State employees at a lower cost.  However, POST privatization contracts do not displace state employees and are necessary to address technical and critical law enforcement/public safety training needs.

This distinction is particularly relevant in the wake of domestic terrorism and the homegrown radicalization movement.  As a law enforcement training organization, POST recognizes that training provides the foundation and values officers entering the workforce will incorporate into their daily responsibilities.  For this reason, POST must be afforded the flexibility to proactively implement a full spectrum of strategic training endeavors, designed to close the knowledge awareness gaps that threaten public safety.

The Commission on Peace Officer Standards and Training (POST) is established in law (Penal Code section 13500 et. seq).  Among other duties, it is responsible for developing and providing selection standards and training for peace officers and public safety dispatchers throughout the state.  Training approved and certified by POST occurs as a result of identified training needs, creation of regulation by the Commission and direction from the Legislature.  POST certifies and maintains over 4,200 training courses that are offered at 800 venues throughout California.  POST certifies over 2 million hours of law enforcement training each year and is nationally recognized for its high standards and rigor of its course development and certification practices for law enforcement training.
ANALYSIS:

Existing law requires the Commission to:

  • “Develop and implement programs to increase the effectiveness of law enforcement and when those programs involve training and education courses to cooperate with and secure the cooperation of state-level officers, agencies, and bodies having jurisdiction over systems of public higher education in continuing the development of college-level training and educations programs.”
  • “To cooperate with and secure the cooperation of every department, agency, or instrumentality in the state government.”
  • “To do any and all things necessary or convenient to enable it fully and adequately to perform its duties and to exercise the power granted to it.”

In the pursuit of these enumerated powers, it is incumbent upon the Commission to identify the best qualified subject matter experts to address the training needs of California law enforcement agencies that participate in, and comply with Commission regulations.

The use of personal services contracts to timely and effectively address the public safety needs of law enforcement is an essential tool to ensure the Commission can meet its responsibility.  Existing requirements limit the ability of the Commission to use personal services contracts as a means to obtain the services of the most highly qualified individuals to develop and deliver law enforcement training.  The Commission needs to pursue legislative remedy to overcome the barriers that limit its ability to secure the most qualified individuals to complete its mission.

To this end, the Commission must contract with instructors and subject matter experts for “the purpose of raising the level of competence of local law enforcement officers.”  Non-state civil service law enforcement officers are often the primary resource for the development and presentation of law enforcement training.
RECOMMENDATION:
Staff recommends that the Commission authorize the Executive Director to develop and pursue legislation allowing POST autonomy in the use of personal services contracts, to address the training needs of California law enforcement agencies that participate in the POST program.
 
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