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AGENDA ITEM REPORT

Title: Report on Reimbursement Plan Review
REPORT PROFILE
MEETING DATE
2/20/2014
BUREAU SUBMITTING THIS REPORT
Training Delivery and Compliance Services Bureau
RESEARCHED BY (PRINT NAME)
Frank Decker
REVIEWED BY (PRINT NAME)
Alan Deal
REPORT DATE
01/31/2014
APPROVED BY
Robert A. Stresak
DATE APPROVED
2/5/2014
PURPOSE
Information Only
FINANCIAL IMPACT
No

ISSUE:
This is an informational report on the Commission Reimbursement Plan review.
BACKGROUND:
The Peace Officer Training Fund (POTF) was created in the State Treasury by enabling legislation, P.C. 13520, for the costs of administration and for grants to local governments.  Financial aid to local governments and districts as described is structured as reimbursement for expenditures directly related to compliance with Commission standards and participation in training courses.  California Penal Code 13523 authorizes the Commission to allocate aid to cities, counties and districts that have applied and qualify for aid pursuant to Commission Regulations.  The Commission shall grant aid that is “equally proportionate among the cities, counties and districts.”  The Commission established reimbursement as the means of providing aid to eligible local agencies. 

Since the inception of reimbursement, each course has been certified with a specific POST reimbursement plan.  The reimbursement program is structured in five different plans that provide reimbursement for a combination of costs (e.g. per diem, travel, tuition, and backfill) associated with training.  The Commission establishes the rates of reimbursement for the various categories of expenses.

The reimbursement plans are:

  • Plan I:  per diem, travel, tuition, and backfill
  • Plan II:  per diem, travel, and backfill
  • Plan III:  per diem, travel and tuition
  • Plan IV:  per diem and travel
  • Plan V:  per diem, travel, tuition and development costs
The per diem reimbursement includes an allocation for lodging, meals and incidentals.  It is paid at a flat rate for all ranks and categories of personnel.  Travel reimbursement is paid for travel to and from the training.

Plan V, as approved by the Commission in 1993, was originally designed to relieve departments of the need to pay tuition in advance of sending officers to training presented by other law enforcement agencies.  This was, and is, especially beneficial to departments with strained or depleted training budgets.   Plan V also reimburses “Training Presentation Costs” to agencies that develop and present training.  Colleges, universities, private presenters, other public entities and joint powers agencies were excluded from receiving Training Presentation Costs.
ANALYSIS:
Training courses are certified to local law enforcement agencies, joint power authorities, community colleges and private presenters.  Presenters are encouraged to affiliate with a community college to reduce presentation costs and minimize the impact to the Peace Officer Training Fund.  The affiliation of POST certified training with a community college extends the capability of local agencies and academies to deliver training.  Private presenters may be considered for training courses that cannot be met by local law enforcement agencies or community colleges. 

When a training course is submitted for POST certification, specific factors are evaluated before certification is granted.  These include determination of the training need, appropriateness of course content, methods of instruction, number of students per course, adequacy of testing or evaluation process and presentation cost. 

POST staff has extensive experience with all reimbursement plans.  Staff monitors expenditures and revenue, and has effectively managed the budget and reimbursement program through years of fiscal difficulties and fluctuating revenues. 

Staff has determined a phased approach to this review is in order.  Staff is currently reviewing and updating Commission Regulations 1052 and 1053 defining Instructor-Led Training and Self-Paced (on-line delivered) Training courses.  Discussions have been held with the Consortium Advisory Council and the Instructor Standards Advisory Council.  Once these Regulations are finalized and vetted with stakeholders they will be submitted to the Commission for approval.  Staff will then commence a review of Commission Regulations and Procedures pertaining to course budgets and reimbursement plans. 

Several challenges have recently occurred that affect this project: (1) The state per diem and lodging rates have increased, resulting in an un-budgeted increase in reimbursement costs.  (2) POST is facing an approximately 8 million dollar deficit which will cause a reduction to all reimbursement plans through at least FY 2014-15.  While staff continues with this project in a phased approach, these short term variables must be considered in the overall scope of the reimbursement plan review.

As part of this process, staff has also reviewed contract training courses.  Since Plan V was approved in 1993, the number of POST-certified training courses has substantially increased, and there has been a corresponding rise in the number of contract training courses, from 63 in FY 1992-93 to 106 in FY 2012-13.  As a consequence of the expanded use of contract training courses, the cost of these courses has increased from $3.4 million to $22.1 million in the same time period.  Contract training courses are labor-intensive and costly to administer.  Additionally, in recent years, state contracting regulations have become increasingly difficult to navigate.  To shift away from this time-consuming and costly model of contracting for course presentations and maximize the use of reimbursement Plan V, the Commission approved adding colleges, universities, private presenters, other public entities and joint powers agencies as entities that may receive training presentation costs at its July 16, 2013 meeting. 

The revision to Plan V has been approved by the Office of Administrative Law with an effective date of April 1, 2014.  Converting contract training courses to reimbursement Plan V will have the effect of accelerating review of course material and budgets, and enable staff to deliver training in a fraction of the time required to execute a contract. 

It is the intent of staff to ensure the Commission reimbursement program is current and consistent with the requirements of Penal Code 13523 so that grant aid continues to be “equally proportionate among the cities, counties and districts.”  
RECOMMENDATION:
This report is presented for information only.  No action is required.
 
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