POST COMMISSION MEETING
Sheraton Garden Grove, Anaheim South
12221 Harbor Blvd. Garden Grove, CA 92840

February 28, 2013
AGENDA
10:00 AM

                                       

CALL TO ORDER AND WELCOME

COLOR GUARD AND FLAG SALUTE
The Color Guard will be provided by the Garden Grove Police Department.

MOMENT OF SILENCE HONORING THE OFFICERS WHO LOST THEIR LIVES IN THE LINE OF DUTY SINCE THE LAST MEETING
The following officers died in the line of duty since the last meeting:
  • Officer Kevin Tonn, Galt Police Department
  • Officer Michael Crain, Riverside Police Department
  • Detective Jeremiah MacKay, San Bernardino County Sheriff's Department
  • Officer Elizabeth Butler, Santa Cruz Police Department
  • Officer Loren Baker, Santa Cruz Police Department

ROLL CALL OF COMMISSION MEMBERS

INTRODUCTION OF POST ADVISORY COMMITTEE CHAIR, POST LEGAL COUNSEL, AND THE EXECUTIVE DIRECTOR
Commission Chair will introduce the POST Advisory Committee Chair, POST Legal Counsel, and the Executive Director.

WELCOMING ADDRESS
Captain Travis Whitman, Garden Grove Police Department will provide opening remarks.

PUBLIC COMMENT
Commission Chair will advise the audience of the following:

This is the time on the agenda for public comment. This is time set aside for members of the public to comment on either items on the Commission agenda or issues not on the agenda but pertaining to POST Commission business. Members of the public who wish to speak are asked to limit their remarks to no more than five minutes each. Please be advised that the Commission cannot take action on items not on the agenda.
•Public Comment

APPROVAL OF MINUTES(A)
A.      Approval of the Action Summary and minutes of the previous Commission meeting.
•Action Summary
•Approval of Meeting Minutes

CONSENTB.
B.      Consent Items
1.Report on Second Quarter FY 2012-13 Course Certification
In approving the consent calendar, the Commission receives the report.
2.Report on POST Strategic Plan Implementation
This is a status report on the POST Strategic Plan. The report is provided to the Commission and the Advisory at each regular meeting to summarize the progress in researching and implementing the Stategic Plan.

Of the 16 objectives, staff reports that:

  14 -Are in progress (being researched and/or implemented)
  01 -On hold
  01 -Recommended for deletion
  16 -Total

In approving the Consent Calendar, the Commission accepts the progress report and recommendations from staff concerning the Stategic Plan.
3.Report of Agency Requesting Removal from the POST Public Safety Dispatch Program - Grass Valley Police Department
The Grass Valley Public Safety Dispatch Center has withdrawn from the POST Reimbursable Public Safety Dispatcher Program.
4.Report Of Agency Requesting Removal from the POST Public Safety Dispatch Program - Pacifica Police Department
The Pacifica Police Department, Public Safety Dispatch Center has withdrawn from the POST Public Safety Dispatcher Program.
5.Report of Agency Requesting Removal from the POST Program - Millbrae Police Department
Millbrae Police Department, has withdrawn from the POST Program.
6.Report of Agency Requesting Removal from the POST Program - San Anselmo Police Department
The San Anselmo Police Department has disbanded.
7.Report of Agency Requesting Removal from the POST Program - Twin Cities Police Authority
Twin Cities Police Authority has disbanded.
8.Report on Agency Requesting Removal from the POST Program - Isleton Police Department
The Isleton Police Department has disbanded.
9.Report on Computer Services Bureau Projects and Strategy
The previous chief of the POST Computer Services Bureau (CSB) has retired and a new chief was appointed. This item updates the Commission on CSB's long-term strategy and goals for technology use at POST.
10.Report on Review of Reimbursement Plans
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. The Commission’s reimbursement funding is allocated from the POTF. The reimbursement program is structured in four different plans that provide reimbursement to local jurisdictions for a combination of costs (e.g. per diem, travel, tuition, and backfill) associated with training.

The POST Course Certification Guidelines incorporate Commission Regulation and general management philosophy for plan assignments and expenditures of the POTF related to course certification. Staff is currently reviewing and updating Commission Procedure E 2-2 and the Course Certification Guidelines.

This report is presented for information only. No action is required.
11.Report on the Status to Implement Commission Direction Related to Training Presented by International Training Resources
On July 21, 2011, a student was injured during the presentation of a training course, Distraction Device Breaching - Instructor (CCN 1025-33566) certified to and presented by International Training Resources (ITR). POST staff conducted an investigation which led to the decertification of 22 courses certified to ITR. On June 28, 2012, ITR appealed the staff decision to the Commission. A written decision was rendered by the Commission on July 9, 2012. Three determinations were made in this decision and POST staff has begun work with ITR to implement the Commission's direction regarding ITR’s sedentary courses. 

This report is presented for information only. No action is required.
12.Report on SPO B.3.04 - Provide to POST's Regional Skills Training Centers Updated Driver Training and Force Options Simulators and Program Software
Staff has held ongoing specification meetings with subject matter experts and representatives of the Department of General Services (DGS) to identify which system(s) will meet the needs of Regional Skills Training Centers (RSTCs) and POST. Finalization of the specifications for the new Force Options Simulator (FOS) systems is nearly completed. The contract award date is expected to be in March 2013.

This report is presented for information only. No action is required.
13.Report on SPO B.7.06 - Develop a Major Case Management Training Course for Managers/Executives
In 2007, the Robert Presley Institute of Criminal Investigation (ICI) Advisory Council supported a POST-proposed plan to develop a major case management training course for law enforcement personnel. A statewide survey was conducted to determine the need for such training with responses identifying the need for two courses: one for supervisors/managers of investigative units, and one at an executive level for those who have overall responsibility for major case investigations.

To date, a training course for supervisors and managers of investigative units has been developed, certified and presented numerous times. The training course for executives is in the final stages of development, and is expected to be completed with its first presentation date scheduled during spring 2013.

This report is presented for information only. No action is required.
14.Report on SPO B.12.08 - Study the Feasibility of Establishing Instructor Training Requirements for Public Safety Dispatcher Instructors for the Public Safety Dispatcher Basic Course
In 2009, staff developed an Academy Instructor Certification Course for Public Safety Dispatcher (PSD) instructors who teach in the PSD Basic Course. The course has been presented numerous times since its development and receives positive feedback. This entry level requirement was mandated in 2008 for instructors teaching in the Regular Basic Course. Many stakeholders have expressed interest in imposing this same instructor standard for PSD basic course instructors. As a result, staff have begun a feasibility study of establishing instructor training requirements for instructors of the PSD Basic Course. A final report and recommendation will be submitted to the Commission at its June 2013 meeting.

This report is presented for information only. No action is required.
15.Report on Cal EPA Grant Funding for Environmental Crimes Training
The Environmental Crimes Symposium, presented in cooperation with Cal EPA, was held in Sacramento on November 6-8, 2012. The theme of the symposium was “Collaboration, Partnership and Integration in Environmental Crimes Enforcement.”

Staff is working to schedule the “Responding to Environmental Crimes” course for 2013. The intent is to offer two classes for the year, one in northern California and one in southern California. This report describes the above work to date.

This report is presented for information only. No action is required.
16.Report on SAFE Driving Campaign
The State of California did not lose a single officer in a vehicle-related line-of-duty death during 2012. That is a first. This milestone is an encouraging sign that the collective efforts associated with the SAFE Driving Campaign are making a difference. It is impossible to determine how many line-of-duty deaths or career ending injuries have been averted but unquestionably the issue of SAFE Driving is at the forefront like never before.

Action in several areas to address this critical issue included a regular meeting of the SAFE Driving Campaign working groups and a SAFE Driving Symposium that occurred during October 2012; the SAFE Driving Research Team update of its work at the symposium and the working groups meeting; the electronic SAFE Driving News Alert, which has proven to be an effective tool in communicating the SAFE Driving message; the MOTORS Advisory Group, a subcommittee of the Vehicle Operations and Training Advisory Council, update to develop a pilot program to track near-miss collision reporting; the new “Did You Know? Fatigue” video, available on the SAFE Driving Campaign website as well as the POST Learning Portal; and continued staff presentations regarding the SAFE Driving Campaign to various law enforcement and related professional organizations.  

This report is presented for information only. No action is required. 
17.Report on the Status of the 9/11 Memorial License Plate Program Funds and Terrorism Related Training Plan
At its October 2012 meeting, the Commission approved a request to authorize the Executive Director to pursue the acquisition of additional 9/11 Memorial License Plate Funds in an amount not to exceed $1.75 million for the development of a 3-year training plan and presentation of anti-terrorism training for FYs 2012-13, 2013-14 and 2014-15.

Additional funding from the 9/11 Memorial License Plate Fund will allow POST to continue the development and delivery of anti-terrorism training for state and local law enforcement agencies within the POST program.

The completion of the three year training plan was interrupted due to the tragic passing of Project Manager Ken Whitman in October 2012. Homeland Security Program staff has continued efforts to acquire funds from the 9/11 Memorial License Plate Fund. Completion of the training needs assessment is eminent, design of the training plan is on track and stakeholders have been identified. Possible training programs include: enhancing terrorism-based active shooter tactics and response, countering violent extremism (CVE) detecting and mitigating terrorism events before they occur, and an "Edge of Chaos" critical incident command response.

A comprehensive three year training plan will be provided to the Commission at its June 2013 meeting.

This report is presented for information only. No action is required.
18.Report on the Status of the Federal Fiscal Year 2012 Homeland Security Grant Funds and Terrorism Related Training
At its October 2012 meeting, the Commission approved a request to authorize the Executive Director to submit the Federal Fiscal Year (FFY) 2012 grant application for federal homeland security funds to the California Emergency Management Agency (Cal EMA) as required.

Staff submitted applications for federal grant funding in 2009, 2010, 2011 and 2012, and has consistently received funding to support terrorism related training for law enforcement. Staff reviewed training needs and requests from the field to address specific training that would fall within the federal and state priorities, and submitted the grant application package to Cal EMA prior to the August 17, 2012 deadline.

No awards have been announced by DHS for FFY 2012.

This report is presented for information only. No action is required.
19.Report on the Status of the Model Respiratory Program for Law Enforcement
At the February 2012 Commission meeting, staff presented a report on the Model Respiratory Program for Law Enforcement that was developed in 2004 to address issues related to Cal OSHA and enforcement of CCR Title 8 – Section 5144. The 2004 guidelines need to be updated in order to provide agencies who issue respiratory protection masks to their employees direction on maintenance and replacement.

Staff and Cal OSHA representatives will meet with stakeholders during March 2013 to begin the revision of the guidelines.  It is anticipated that the project will be completed and ready for Commission review at its June 2013 meeting.

This report is presented for information only. No action is required.
20.Report on Self Paced Course Certification
Commission Regulation 1052 (b) defines the requirements for self-paced training course certification. Self-paced courses are web based and completed by the student, online, without instructor interaction. Courses available on the Learning Portal are examples of self paced training. Staff has developed a process for self-paced training course certification. Staff can assist presenters wishing to create an online, self-paced training course and an internal process has been establish to certify existing self paced training through an established website.

This report is presented for information only. No action is required.
21.Resolutions

The following individual received a resolution:

  • Paul A. Cappitelli, retired POST employee.
  • Michael K. Hooper, retired POST employee.


PRESENTATION OF RESOLUTION

Michael K. Hooper

    FINANCE
    A.Financial Report
    The Chair of the Finance Commmittee, will report on the results of the Finance Committee meeting held on Wednesday, February 27, 2013, in Garden Grove, California.

    BASIC TRAINING BUREAU
    B.Report on Proposed Changes to the Training and Testing Specifications for Peace Officer Basic Courses
    As part of an ongoing review of Peace Officer Basic Course content, POST staff and curriculum consultants (academy instructors and other subject matter experts) thoroughly review Learning Domain (LD) content to determine if revisions are necessary. The Training and Testing Specifications and supporting materials for the Learning Domains have been updated to reflect emerging training needs, compliance with legislatively mandated subject matter, changes in the law, or to improve student learning and evaluation.

     The proposed changes affect the following Learning Domains:

    • Minimum Content and Hourly Requirements Regular Basic Course (RBC) Modular Format - Module I
    • Minimum Content and Hourly Requirements Regular Basic Course (RBC) Standard Format
    • LD 18, Investigative Report Writing
    • LD 19, Vehicle Operations
    • LD 25, Domestic Violence
    • LD 32, Lifetime Fitness
    • LD 34, First Aid and CPR
    • LD 35, Firearms/Chemical Agents

    If the Commission concurs, the appropriate action would be a MOTION to approve the changes as described in the staff report. If no one requests a public hearing, the changes will become effective August 1, 2013. 
     
    The revisions to Learning Domain 19 are the result of the pilot study directed by the Commission to incorporate four new components into vehicle operations training in the RBC. Some academies reported that with the implementation of the new training they might have challenges with facilities and/or equipment. During the course of the pilot, the participating academies encountered similar challenges but were able to overcome them. For the academies that did not participate in the pilot, additional time may be needed in order to implement these changes. Therefore, staff is recommending a waiver process be authorized to allow academies, on a case-by-case basis, up to an additional six months after the proposed implementation date to meet the new specifications.

    If the Commission concurs, the appropriate action would be a MOTION to approve the waiver process to allow academies, on a case-by-case basis, up to an additional six months after the proposed implementation date to meet the new specifications. 

     Finance Committee Discussion  [ ] Yes [ ] No       Recommended Action [ ] Yes [ ] No
    Advisory Committee Discussion [ ] Yes [ ] No       Recommended Action [ ] Yes [ ] No

    CENTER FOR LEADERSHIP DEVELOPMENT
    C.Report on Request for Augmentation of the Supervisory Course Facilitators' Training Course Contract for FY 2012-13
    The Supervisory Course Facilitators’ Training (SCFT) course contract with SDRTC represents the only source of funding for maintenance of the Supervisory Course, for conducting training of Supervisory Course facilitators, and for acquisition of Situational Leadership II (SL II) training materials (provided to all students and facilitators of the Supervisory Course).

    Due to extraordinary circumstances, the SCFT FY 2012-13 contract’s budgeted funds are almost depleted at the eight-month mark of the current fiscal year.  This deficit is traceable to the updating of the Supervisory Course, which has required training of the 17 Supervisory Course presenters' cadres of facilitators in the updated curriculum and in the application of the SL II model of leadership development. Far fewer than those slotted for attendance at SCFT and SL II training sessions have actually attended when scheduled, attributable in large part to the reluctance of several agencies to follow through and release those who have been scheduled for training. This has necessitated scheduling of additional training sessions. Too, POST staff and SCFT cadre have had to be responsive to agencies' requests to provide hands-on facilitation assistance, further depleting funds. In addition, there has been an increase in the number of students attending the Supervisory Course, requiring purchase of SL II materials (at $40 per student) beyond the quantity originally estimated.

    If the Commission concurs, the appropriate action would be a MOTION to authorize the Executive Director to augment the existing contract with SDRTC in an amount not to exceed $62,040. (ROLL CALL VOTE)

    Finance Committee Discussion   [ ] Yes [ ] No       Recommended Action [ ] Yes [ ] No
    Advisory Committee Discussion [ ] Yes [ ] No       Recommended Action [ ] Yes [ ] No
    D.Report on Development of a Process to Update the Commission's Strategic Plan
    Since 1996, the Commission has used strategic planning to commit resources and guide the work of staff toward completion of objectives that are meaningful to POST’s stakeholders. The POST Strategic Plan has been updated several times since its inception;  it was most recently updating in 2008.
     
    Preparatory steps in furtherance of updating the current version of the strategic plan have been completed. In September 2012 integration of the environmental scan performed by POST’s Future Vision Team was discussed. This was followed by in-depth interviews of nationally prominent strategic planning subject matter experts (SMEs) to obtain consensus for a model process for preparing the next iteration of the strategic plan.  

    In conjunction with SMEs, consideration has been given to several key aspects of the plan development process: length of the time to be allocated for plan creation, time span to be encompassed within the strategic plan, composition of the team crafting the plan, identification of key stakeholders, methods for gathering information, and costs for consulting services. Staff is confident that sufficient information has been obtained to proceed with creating the specifications that would lead to contracting with an entity to facilitate the plan update process.
     
    If the Commission concurs, the appropriate action would be a MOTION to authorize the Executive Director to enter into a contract with an entity to facilitate updating of the POST Strategic Plan, in an amount not to exceed $132,250. (ROLL CALL VOTE)  

    Finance Committee Discussion   [ ] Yes [ ] No       Recommended Action [ ] Yes [ ] No
    Advisory Committee Discussion [ ] Yes [ ] No       Recommended Action [ ] Yes [ ] No

    EXECUTIVE OFFICE
    E.Report on Request to Amend Commission Policy A.3
    In 1981 the Commission adopted Policy A.3 – Contracts. It was revised in 1985, then, again in 2010.

    Existing policy authorizes the Executive Director to enter into contracts or interagency agreements of $50,000 or less without prior approval of the Commission. It also authorizes the Executive Director to make modifications/amendments for (1) extension of time, (2) an increase in cost up to $12,500, and (3) changes in contractual services or solutions to other technical problems without prior commission approval.

    Training contracts are becoming an increasingly significant portion of POST’s portfolio. There is a four-month interval between Commission meetings. For the Fiscal Year 2013-14, the average training contract is $172,744.

    Due to the increased reliance on training contracts to deliver specialized training, staff could expedite delivery of some training products to the field if the Executive Director was authorized to approve new contracts and amend contracts above the existing authorized amounts.

    Staff recommends that the Commission assess whether to revise Commission Policy A.3, to allow the Executive Director to contract at an amount greater than $50,000 and to modify contracts at an amount greater than $12,500, without prior Commission approval.  

    If the Commission concurs, the appropriate action would be a MOTION to revise Commission Policy A.3 – Contracts, to authorize the Executive Director to approve new contracts and amend contracts at amounts specified by the Commission.

    Finance Committee Discussion   [ ] Yes [ ] No       Recommended Action [ ] Yes [ ] No
    Advisory Committee Discussion [ ] Yes [ ] No       Recommended Action [ ] Yes [ ] No

    STANDARDS, EVALUATIONS, AND RESEARCH BUREAU
    F.Report on Request to Revise Commission Regulations in Relation to Training Standards and Requirements for Investigative Report Writing Instructors
    At its October 2012 meeting, the Commission approved a request to revise Regulations 1070 and 1082 to include an instructor course requirement for report writing instructors. Recent efforts have been made to involve in-service report writing instructors to ensure full support for the revisions of the regulations. In addition, minor content changes and a later implementation date were identified as beneficial. Staff recommends approving revisions to include a later implementation date and minor content changes to the report writing instructor requirement.

    If the Commission concurs, the appropriate action would be a MOTION to authorize the Executive Director to revise Regulations 1070 and 1082 of the POST Administrative Manual to include an instructor course requirement for report writing instructors pursuant to the Office of Administrative Law (OAL) rulemaking process.

    Finance Committee Discussion   [ ] Yes [ ] No       Recommended Action [ ] Yes [ ] No
    Advisory Committee Discussion [ ] Yes [ ] No       Recommended Action [ ] Yes [ ] No

    TRAINING PROGRAM SERVICES BUREAU
    G.Report on Request to Contract for Critical Thinking Training Course Project for Oakland Police Department

    Since 2007, the Instructor Development Institute (IDI) Program has incorporated the essential elements of critical thinking as both an instructional methodology and as a specific instructor development course. The dynamics of a public safety career necessitates the ability to think critically. IDI staff recently explored the possibility of developing additional critical thinking programs that could be infused statewide throughout public safety curricula. This approach has the potential of being a highly valuable and effective method toward enhancing the overall thinking skills of public safety professionals. Infusing critical thinking within a teaching curriculum will minimally cause students to be aware of and evaluate the quality of their own thinking, ask essential questions, reflect and internalize concepts, distinguish between fact and opinion, and identify and evaluate alternatives. 

     

    As a first step toward incorporating critical thinking programs within public safety curricula, IDI staff will collaborate with the Oakland Police Department (OPD) and facilitate training of staff and academy students as a pilot project.  The effectiveness of this training project will be evaluated by POST, assessed for its quality and thereafter the data used for consideration of program training expansion.

    If the Commission concurs, the appropriate action would be a MOTION to authorize the Executive Director to enter into a contract with Napa Valley College or another entity to provide critical thinking training for public safety in an amount not to exceed $150,000.  (ROLL CALL VOTE)
    Finance Committee Discussion   [ ] Yes [ ] No       Recommended Action [ ] Yes [ ] No
     Advisory Committee Discussion [ ] Yes [ ] No       Recommended Action [ ] Yes [ ] No


    COMMITTEE REPORTS
    H.Advisory Committee
    Mario Casas, Chair of the POST Advisory Committee, will report on the results of the Advisory Committee meeting held on Wednesday, February 27, 2013, in Garden Grove, California.
    I.Legislative Review Committee
    The chair of the Legislative Review Committee, will report on the results of the Legislative Review Committee meeting held on Thursday, February 28, 2013, in Garden Grove, California.

    Staff recommend that the Commission authorizes the Interim Executive Director to pursue legislation to mitigate the unattended negative consequences percipitated by California Government Code 19130.

    CORRESPONDENCE
    J.From POST to:
    • Chief William V. Bowen, Galt Police Department, expressing deepest sympathy over the tragic, on-duty death of Officer Kevin Tonn.
    • Chief Sergio Diaz, Riverside Police Department, expressing deepest sympathy over the tragic, on-duty death of Officer Michael Crain.
    • Sheriff John P. McMahon, San Bernardino County Sheriff's Department, expressing deepest sympathy over the tracgic, on-duty death of Detective Jeremiah MacKay.
    K.To POST from:
    • California Academy Directors Association (CADA) members whom unanimously agreed to formally endorse Interim Executive Director Robert Stresak as permanent Executive Director of POST.

    OLD BUSINESS

    NEW BUSINESS

    FUTURE COMMISSION DATES
    L.Future Commission Dates:
    • June 26-27, 2013 - Courtyard by Marriott - Cal Expo, Sacramento
    • October 23-24, 2013 - Embassy Suites, Burlingame

    CLOSED SESSION
    M.Closed Executive Session
    • Executive Director Appointment:  Pursuant to Government Code section 11126(a)(1), the Commission hereby provides public notice that it intends to discuss the appointment of an Executive Director of POST in closed session.
    • Conference with Legal Counsel - Existing Litigation: Under Government Code Section 11126(e)(1), the Commission hereby provides public notice that the following pending litigation matters may be considered and acted upon, as necessary and appropriate, in closed session: 
    Knowledge and Intelligence Professional Programs v. Lukin et al; Second Appellate District, Case No. B234495.
    • Conference with Legal Counsel - Potential Litigation: Under Government Code Section 11126(e)(2), the Commission hereby provides public notice that it may meet in closed session to determine whether, based on existing facts and circumstances, any matter presents a significant exposure to litigation [see Government Code Section 11126(e)(2)(B)(ii)] and, if so, to proceed with closed session consideration and action on that matter, as necessary and appropriate [see Government Code Section 11126(e)(2)(B)(i)], or, based on existing facts and circumstances, if it has decided to initiate or is deciding to initiate litigation [see Government Code Section 11126(e)(2)(C)], or, if in the opinion of the state body on the advice of its legal counsel, based on existing facts and circumstances, there is significant exposure to litigation against the state body [see Government Code Section 11126(e)(2)(B)(i)]. Such consideration may include but is not limited to the following matters: 
      1. Assagai v. POST;  Demand letter and claims before the Department of Labor Standards Enforcement, Employment Development Departments and Victim’s Compensation and Government Claim Board. 
      2. Claims before the Department of Fair Employment and Housing:  
        • a.      Ingram v. POST (administrative charge of discrimination)
        • b.      Dotson v. POST (administrative charge of discrimination)
        • c.      Anonymous/Employee Complaint
        • d.      Martin: Government contract claim filed with Victim’s Compensation and Government Claim Board.

    ADJOURNMENT

    POST COMMISSION MEETING
    Sheraton Garden Grove, Anaheim South
    12221 Harbor Blvd. Garden Grove, CA 92840

    February 28 2013
    AGENDA
    10:00 AM

                                  

    CALL TO ORDER AND WELCOME

    COLOR GUARD AND FLAG SALUTE
    The Color Guard will be provided by the Garden Grove Police Department.

    MOMENT OF SILENCE HONORING THE OFFICERS WHO LOST THEIR LIVES IN THE LINE OF DUTY SINCE THE LAST MEETING
    The following officers died in the line of duty since the last meeting:
    • Officer Kevin Tonn, Galt Police Department
    • Officer Michael Crain, Riverside Police Department
    • Detective Jeremiah MacKay, San Bernardino County Sheriff's Department
    • Officer Elizabeth Butler, Santa Cruz Police Department
    • Officer Loren Baker, Santa Cruz Police Department

    ROLL CALL OF COMMISSION MEMBERS

    INTRODUCTION OF POST ADVISORY COMMITTEE CHAIR, POST LEGAL COUNSEL, AND THE EXECUTIVE DIRECTOR
    Commission Chair will introduce the POST Advisory Committee Chair, POST Legal Counsel, and the Executive Director.

    WELCOMING ADDRESS
    Captain Travis Whitman, Garden Grove Police Department will provide opening remarks.

    PUBLIC COMMENT
    Commission Chair will advise the audience of the following:

    This is the time on the agenda for public comment. This is time set aside for members of the public to comment on either items on the Commission agenda or issues not on the agenda but pertaining to POST Commission business. Members of the public who wish to speak are asked to limit their remarks to no more than five minutes each. Please be advised that the Commission cannot take action on items not on the agenda.
    •Public Comment

    APPROVAL OF MINUTES(A)
    A.      Approval of the Action Summary and minutes of the previous Commission meeting.
    •Action Summary
    •Approval of Meeting Minutes

    CONSENTB.
    B.      Consent Items
    1.Report on Second Quarter FY 2012-13 Course Certification
    In approving the consent calendar, the Commission receives the report.
    2.Report on POST Strategic Plan Implementation
    This is a status report on the POST Strategic Plan. The report is provided to the Commission and the Advisory at each regular meeting to summarize the progress in researching and implementing the Stategic Plan.

    Of the 16 objectives, staff reports that:

      14 -Are in progress (being researched and/or implemented)
      01 -On hold
      01 -Recommended for deletion
      16 -Total

    In approving the Consent Calendar, the Commission accepts the progress report and recommendations from staff concerning the Stategic Plan.
    3.Report of Agency Requesting Removal from the POST Public Safety Dispatch Program - Grass Valley Police Department
    The Grass Valley Public Safety Dispatch Center has withdrawn from the POST Reimbursable Public Safety Dispatcher Program.
    4.Report Of Agency Requesting Removal from the POST Public Safety Dispatch Program - Pacifica Police Department
    The Pacifica Police Department, Public Safety Dispatch Center has withdrawn from the POST Public Safety Dispatcher Program.
    5.Report of Agency Requesting Removal from the POST Program - Millbrae Police Department
    Millbrae Police Department, has withdrawn from the POST Program.
    6.Report of Agency Requesting Removal from the POST Program - San Anselmo Police Department
    The San Anselmo Police Department has disbanded.
    7.Report of Agency Requesting Removal from the POST Program - Twin Cities Police Authority
    Twin Cities Police Authority has disbanded.
    8.Report on Agency Requesting Removal from the POST Program - Isleton Police Department
    The Isleton Police Department has disbanded.
    9.Report on Computer Services Bureau Projects and Strategy
    The previous chief of the POST Computer Services Bureau (CSB) has retired and a new chief was appointed. This item updates the Commission on CSB's long-term strategy and goals for technology use at POST.
    10.Report on Review of Reimbursement Plans
    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. The Commission’s reimbursement funding is allocated from the POTF. The reimbursement program is structured in four different plans that provide reimbursement to local jurisdictions for a combination of costs (e.g. per diem, travel, tuition, and backfill) associated with training.

    The POST Course Certification Guidelines incorporate Commission Regulation and general management philosophy for plan assignments and expenditures of the POTF related to course certification. Staff is currently reviewing and updating Commission Procedure E 2-2 and the Course Certification Guidelines.

    This report is presented for information only. No action is required.
    11.Report on the Status to Implement Commission Direction Related to Training Presented by International Training Resources
    On July 21, 2011, a student was injured during the presentation of a training course, Distraction Device Breaching - Instructor (CCN 1025-33566) certified to and presented by International Training Resources (ITR). POST staff conducted an investigation which led to the decertification of 22 courses certified to ITR. On June 28, 2012, ITR appealed the staff decision to the Commission. A written decision was rendered by the Commission on July 9, 2012. Three determinations were made in this decision and POST staff has begun work with ITR to implement the Commission's direction regarding ITR’s sedentary courses. 

    This report is presented for information only. No action is required.
    12.Report on SPO B.3.04 - Provide to POST's Regional Skills Training Centers Updated Driver Training and Force Options Simulators and Program Software
    Staff has held ongoing specification meetings with subject matter experts and representatives of the Department of General Services (DGS) to identify which system(s) will meet the needs of Regional Skills Training Centers (RSTCs) and POST. Finalization of the specifications for the new Force Options Simulator (FOS) systems is nearly completed. The contract award date is expected to be in March 2013.

    This report is presented for information only. No action is required.
    13.Report on SPO B.7.06 - Develop a Major Case Management Training Course for Managers/Executives
    In 2007, the Robert Presley Institute of Criminal Investigation (ICI) Advisory Council supported a POST-proposed plan to develop a major case management training course for law enforcement personnel. A statewide survey was conducted to determine the need for such training with responses identifying the need for two courses: one for supervisors/managers of investigative units, and one at an executive level for those who have overall responsibility for major case investigations.

    To date, a training course for supervisors and managers of investigative units has been developed, certified and presented numerous times. The training course for executives is in the final stages of development, and is expected to be completed with its first presentation date scheduled during spring 2013.

    This report is presented for information only. No action is required.
    14.Report on SPO B.12.08 - Study the Feasibility of Establishing Instructor Training Requirements for Public Safety Dispatcher Instructors for the Public Safety Dispatcher Basic Course
    In 2009, staff developed an Academy Instructor Certification Course for Public Safety Dispatcher (PSD) instructors who teach in the PSD Basic Course. The course has been presented numerous times since its development and receives positive feedback. This entry level requirement was mandated in 2008 for instructors teaching in the Regular Basic Course. Many stakeholders have expressed interest in imposing this same instructor standard for PSD basic course instructors. As a result, staff have begun a feasibility study of establishing instructor training requirements for instructors of the PSD Basic Course. A final report and recommendation will be submitted to the Commission at its June 2013 meeting.

    This report is presented for information only. No action is required.
    15.Report on Cal EPA Grant Funding for Environmental Crimes Training
    The Environmental Crimes Symposium, presented in cooperation with Cal EPA, was held in Sacramento on November 6-8, 2012. The theme of the symposium was “Collaboration, Partnership and Integration in Environmental Crimes Enforcement.”

    Staff is working to schedule the “Responding to Environmental Crimes” course for 2013. The intent is to offer two classes for the year, one in northern California and one in southern California. This report describes the above work to date.

    This report is presented for information only. No action is required.
    16.Report on SAFE Driving Campaign
    The State of California did not lose a single officer in a vehicle-related line-of-duty death during 2012. That is a first. This milestone is an encouraging sign that the collective efforts associated with the SAFE Driving Campaign are making a difference. It is impossible to determine how many line-of-duty deaths or career ending injuries have been averted but unquestionably the issue of SAFE Driving is at the forefront like never before.

    Action in several areas to address this critical issue included a regular meeting of the SAFE Driving Campaign working groups and a SAFE Driving Symposium that occurred during October 2012; the SAFE Driving Research Team update of its work at the symposium and the working groups meeting; the electronic SAFE Driving News Alert, which has proven to be an effective tool in communicating the SAFE Driving message; the MOTORS Advisory Group, a subcommittee of the Vehicle Operations and Training Advisory Council, update to develop a pilot program to track near-miss collision reporting; the new “Did You Know? Fatigue” video, available on the SAFE Driving Campaign website as well as the POST Learning Portal; and continued staff presentations regarding the SAFE Driving Campaign to various law enforcement and related professional organizations.  

    This report is presented for information only. No action is required. 
    17.Report on the Status of the 9/11 Memorial License Plate Program Funds and Terrorism Related Training Plan
    At its October 2012 meeting, the Commission approved a request to authorize the Executive Director to pursue the acquisition of additional 9/11 Memorial License Plate Funds in an amount not to exceed $1.75 million for the development of a 3-year training plan and presentation of anti-terrorism training for FYs 2012-13, 2013-14 and 2014-15.

    Additional funding from the 9/11 Memorial License Plate Fund will allow POST to continue the development and delivery of anti-terrorism training for state and local law enforcement agencies within the POST program.

    The completion of the three year training plan was interrupted due to the tragic passing of Project Manager Ken Whitman in October 2012. Homeland Security Program staff has continued efforts to acquire funds from the 9/11 Memorial License Plate Fund. Completion of the training needs assessment is eminent, design of the training plan is on track and stakeholders have been identified. Possible training programs include: enhancing terrorism-based active shooter tactics and response, countering violent extremism (CVE) detecting and mitigating terrorism events before they occur, and an "Edge of Chaos" critical incident command response.

    A comprehensive three year training plan will be provided to the Commission at its June 2013 meeting.

    This report is presented for information only. No action is required.
    18.Report on the Status of the Federal Fiscal Year 2012 Homeland Security Grant Funds and Terrorism Related Training
    At its October 2012 meeting, the Commission approved a request to authorize the Executive Director to submit the Federal Fiscal Year (FFY) 2012 grant application for federal homeland security funds to the California Emergency Management Agency (Cal EMA) as required.

    Staff submitted applications for federal grant funding in 2009, 2010, 2011 and 2012, and has consistently received funding to support terrorism related training for law enforcement. Staff reviewed training needs and requests from the field to address specific training that would fall within the federal and state priorities, and submitted the grant application package to Cal EMA prior to the August 17, 2012 deadline.

    No awards have been announced by DHS for FFY 2012.

    This report is presented for information only. No action is required.
    19.Report on the Status of the Model Respiratory Program for Law Enforcement
    At the February 2012 Commission meeting, staff presented a report on the Model Respiratory Program for Law Enforcement that was developed in 2004 to address issues related to Cal OSHA and enforcement of CCR Title 8 – Section 5144. The 2004 guidelines need to be updated in order to provide agencies who issue respiratory protection masks to their employees direction on maintenance and replacement.

    Staff and Cal OSHA representatives will meet with stakeholders during March 2013 to begin the revision of the guidelines.  It is anticipated that the project will be completed and ready for Commission review at its June 2013 meeting.

    This report is presented for information only. No action is required.
    20.Report on Self Paced Course Certification
    Commission Regulation 1052 (b) defines the requirements for self-paced training course certification. Self-paced courses are web based and completed by the student, online, without instructor interaction. Courses available on the Learning Portal are examples of self paced training. Staff has developed a process for self-paced training course certification. Staff can assist presenters wishing to create an online, self-paced training course and an internal process has been establish to certify existing self paced training through an established website.

    This report is presented for information only. No action is required.
    21.Resolutions

    The following individual received a resolution:

    • Paul A. Cappitelli, retired POST employee.
    • Michael K. Hooper, retired POST employee.


    PRESENTATION OF RESOLUTION

    Michael K. Hooper

      FINANCE
      A.Financial Report
      The Chair of the Finance Commmittee, will report on the results of the Finance Committee meeting held on Wednesday, February 27, 2013, in Garden Grove, California.

      BASIC TRAINING BUREAU
      B.Report on Proposed Changes to the Training and Testing Specifications for Peace Officer Basic Courses
      As part of an ongoing review of Peace Officer Basic Course content, POST staff and curriculum consultants (academy instructors and other subject matter experts) thoroughly review Learning Domain (LD) content to determine if revisions are necessary. The Training and Testing Specifications and supporting materials for the Learning Domains have been updated to reflect emerging training needs, compliance with legislatively mandated subject matter, changes in the law, or to improve student learning and evaluation.

       The proposed changes affect the following Learning Domains:

      • Minimum Content and Hourly Requirements Regular Basic Course (RBC) Modular Format - Module I
      • Minimum Content and Hourly Requirements Regular Basic Course (RBC) Standard Format
      • LD 18, Investigative Report Writing
      • LD 19, Vehicle Operations
      • LD 25, Domestic Violence
      • LD 32, Lifetime Fitness
      • LD 34, First Aid and CPR
      • LD 35, Firearms/Chemical Agents

      If the Commission concurs, the appropriate action would be a MOTION to approve the changes as described in the staff report. If no one requests a public hearing, the changes will become effective August 1, 2013. 
       
      The revisions to Learning Domain 19 are the result of the pilot study directed by the Commission to incorporate four new components into vehicle operations training in the RBC. Some academies reported that with the implementation of the new training they might have challenges with facilities and/or equipment. During the course of the pilot, the participating academies encountered similar challenges but were able to overcome them. For the academies that did not participate in the pilot, additional time may be needed in order to implement these changes. Therefore, staff is recommending a waiver process be authorized to allow academies, on a case-by-case basis, up to an additional six months after the proposed implementation date to meet the new specifications.

      If the Commission concurs, the appropriate action would be a MOTION to approve the waiver process to allow academies, on a case-by-case basis, up to an additional six months after the proposed implementation date to meet the new specifications. 

       Finance Committee Discussion  [ ] Yes [ ] No       Recommended Action [ ] Yes [ ] No
      Advisory Committee Discussion [ ] Yes [ ] No       Recommended Action [ ] Yes [ ] No

      CENTER FOR LEADERSHIP DEVELOPMENT
      C.Report on Request for Augmentation of the Supervisory Course Facilitators' Training Course Contract for FY 2012-13
      The Supervisory Course Facilitators’ Training (SCFT) course contract with SDRTC represents the only source of funding for maintenance of the Supervisory Course, for conducting training of Supervisory Course facilitators, and for acquisition of Situational Leadership II (SL II) training materials (provided to all students and facilitators of the Supervisory Course).

      Due to extraordinary circumstances, the SCFT FY 2012-13 contract’s budgeted funds are almost depleted at the eight-month mark of the current fiscal year.  This deficit is traceable to the updating of the Supervisory Course, which has required training of the 17 Supervisory Course presenters' cadres of facilitators in the updated curriculum and in the application of the SL II model of leadership development. Far fewer than those slotted for attendance at SCFT and SL II training sessions have actually attended when scheduled, attributable in large part to the reluctance of several agencies to follow through and release those who have been scheduled for training. This has necessitated scheduling of additional training sessions. Too, POST staff and SCFT cadre have had to be responsive to agencies' requests to provide hands-on facilitation assistance, further depleting funds. In addition, there has been an increase in the number of students attending the Supervisory Course, requiring purchase of SL II materials (at $40 per student) beyond the quantity originally estimated.

      If the Commission concurs, the appropriate action would be a MOTION to authorize the Executive Director to augment the existing contract with SDRTC in an amount not to exceed $62,040. (ROLL CALL VOTE)

      Finance Committee Discussion   [ ] Yes [ ] No       Recommended Action [ ] Yes [ ] No
      Advisory Committee Discussion [ ] Yes [ ] No       Recommended Action [ ] Yes [ ] No
      D.Report on Development of a Process to Update the Commission's Strategic Plan
      Since 1996, the Commission has used strategic planning to commit resources and guide the work of staff toward completion of objectives that are meaningful to POST’s stakeholders. The POST Strategic Plan has been updated several times since its inception;  it was most recently updating in 2008.
       
      Preparatory steps in furtherance of updating the current version of the strategic plan have been completed. In September 2012 integration of the environmental scan performed by POST’s Future Vision Team was discussed. This was followed by in-depth interviews of nationally prominent strategic planning subject matter experts (SMEs) to obtain consensus for a model process for preparing the next iteration of the strategic plan.  

      In conjunction with SMEs, consideration has been given to several key aspects of the plan development process: length of the time to be allocated for plan creation, time span to be encompassed within the strategic plan, composition of the team crafting the plan, identification of key stakeholders, methods for gathering information, and costs for consulting services. Staff is confident that sufficient information has been obtained to proceed with creating the specifications that would lead to contracting with an entity to facilitate the plan update process.
       
      If the Commission concurs, the appropriate action would be a MOTION to authorize the Executive Director to enter into a contract with an entity to facilitate updating of the POST Strategic Plan, in an amount not to exceed $132,250. (ROLL CALL VOTE)  

      Finance Committee Discussion   [ ] Yes [ ] No       Recommended Action [ ] Yes [ ] No
      Advisory Committee Discussion [ ] Yes [ ] No       Recommended Action [ ] Yes [ ] No

      EXECUTIVE OFFICE
      E.Report on Request to Amend Commission Policy A.3
      In 1981 the Commission adopted Policy A.3 – Contracts. It was revised in 1985, then, again in 2010.

      Existing policy authorizes the Executive Director to enter into contracts or interagency agreements of $50,000 or less without prior approval of the Commission. It also authorizes the Executive Director to make modifications/amendments for (1) extension of time, (2) an increase in cost up to $12,500, and (3) changes in contractual services or solutions to other technical problems without prior commission approval.

      Training contracts are becoming an increasingly significant portion of POST’s portfolio. There is a four-month interval between Commission meetings. For the Fiscal Year 2013-14, the average training contract is $172,744.

      Due to the increased reliance on training contracts to deliver specialized training, staff could expedite delivery of some training products to the field if the Executive Director was authorized to approve new contracts and amend contracts above the existing authorized amounts.

      Staff recommends that the Commission assess whether to revise Commission Policy A.3, to allow the Executive Director to contract at an amount greater than $50,000 and to modify contracts at an amount greater than $12,500, without prior Commission approval.  

      If the Commission concurs, the appropriate action would be a MOTION to revise Commission Policy A.3 – Contracts, to authorize the Executive Director to approve new contracts and amend contracts at amounts specified by the Commission.

      Finance Committee Discussion   [ ] Yes [ ] No       Recommended Action [ ] Yes [ ] No
      Advisory Committee Discussion [ ] Yes [ ] No       Recommended Action [ ] Yes [ ] No

      STANDARDS, EVALUATIONS, AND RESEARCH BUREAU
      F.Report on Request to Revise Commission Regulations in Relation to Training Standards and Requirements for Investigative Report Writing Instructors
      At its October 2012 meeting, the Commission approved a request to revise Regulations 1070 and 1082 to include an instructor course requirement for report writing instructors. Recent efforts have been made to involve in-service report writing instructors to ensure full support for the revisions of the regulations. In addition, minor content changes and a later implementation date were identified as beneficial. Staff recommends approving revisions to include a later implementation date and minor content changes to the report writing instructor requirement.

      If the Commission concurs, the appropriate action would be a MOTION to authorize the Executive Director to revise Regulations 1070 and 1082 of the POST Administrative Manual to include an instructor course requirement for report writing instructors pursuant to the Office of Administrative Law (OAL) rulemaking process.

      Finance Committee Discussion   [ ] Yes [ ] No       Recommended Action [ ] Yes [ ] No
      Advisory Committee Discussion [ ] Yes [ ] No       Recommended Action [ ] Yes [ ] No

      TRAINING PROGRAM SERVICES BUREAU
      G.Report on Request to Contract for Critical Thinking Training Course Project for Oakland Police Department

      Since 2007, the Instructor Development Institute (IDI) Program has incorporated the essential elements of critical thinking as both an instructional methodology and as a specific instructor development course. The dynamics of a public safety career necessitates the ability to think critically. IDI staff recently explored the possibility of developing additional critical thinking programs that could be infused statewide throughout public safety curricula. This approach has the potential of being a highly valuable and effective method toward enhancing the overall thinking skills of public safety professionals. Infusing critical thinking within a teaching curriculum will minimally cause students to be aware of and evaluate the quality of their own thinking, ask essential questions, reflect and internalize concepts, distinguish between fact and opinion, and identify and evaluate alternatives. 

       

      As a first step toward incorporating critical thinking programs within public safety curricula, IDI staff will collaborate with the Oakland Police Department (OPD) and facilitate training of staff and academy students as a pilot project.  The effectiveness of this training project will be evaluated by POST, assessed for its quality and thereafter the data used for consideration of program training expansion.

      If the Commission concurs, the appropriate action would be a MOTION to authorize the Executive Director to enter into a contract with Napa Valley College or another entity to provide critical thinking training for public safety in an amount not to exceed $150,000.  (ROLL CALL VOTE)
      Finance Committee Discussion   [ ] Yes [ ] No       Recommended Action [ ] Yes [ ] No
       Advisory Committee Discussion [ ] Yes [ ] No       Recommended Action [ ] Yes [ ] No


      COMMITTEE REPORTS
      H.Advisory Committee
      Mario Casas, Chair of the POST Advisory Committee, will report on the results of the Advisory Committee meeting held on Wednesday, February 27, 2013, in Garden Grove, California.
      I.Legislative Review Committee
      The chair of the Legislative Review Committee, will report on the results of the Legislative Review Committee meeting held on Thursday, February 28, 2013, in Garden Grove, California.

      Staff recommend that the Commission authorizes the Interim Executive Director to pursue legislation to mitigate the unattended negative consequences percipitated by California Government Code 19130.

      CORRESPONDENCE
      J.From POST to:
      • Chief William V. Bowen, Galt Police Department, expressing deepest sympathy over the tragic, on-duty death of Officer Kevin Tonn.
      • Chief Sergio Diaz, Riverside Police Department, expressing deepest sympathy over the tragic, on-duty death of Officer Michael Crain.
      • Sheriff John P. McMahon, San Bernardino County Sheriff's Department, expressing deepest sympathy over the tracgic, on-duty death of Detective Jeremiah MacKay.
      K.To POST from:
      • California Academy Directors Association (CADA) members whom unanimously agreed to formally endorse Interim Executive Director Robert Stresak as permanent Executive Director of POST.

      OLD BUSINESS

      NEW BUSINESS

      FUTURE COMMISSION DATES
      L.Future Commission Dates:
      • June 26-27, 2013 - Courtyard by Marriott - Cal Expo, Sacramento
      • October 23-24, 2013 - Embassy Suites, Burlingame

      CLOSED SESSION
      M.Closed Executive Session
      • Executive Director Appointment:  Pursuant to Government Code section 11126(a)(1), the Commission hereby provides public notice that it intends to discuss the appointment of an Executive Director of POST in closed session.
      • Conference with Legal Counsel - Existing Litigation: Under Government Code Section 11126(e)(1), the Commission hereby provides public notice that the following pending litigation matters may be considered and acted upon, as necessary and appropriate, in closed session: 
      Knowledge and Intelligence Professional Programs v. Lukin et al; Second Appellate District, Case No. B234495.
      • Conference with Legal Counsel - Potential Litigation: Under Government Code Section 11126(e)(2), the Commission hereby provides public notice that it may meet in closed session to determine whether, based on existing facts and circumstances, any matter presents a significant exposure to litigation [see Government Code Section 11126(e)(2)(B)(ii)] and, if so, to proceed with closed session consideration and action on that matter, as necessary and appropriate [see Government Code Section 11126(e)(2)(B)(i)], or, based on existing facts and circumstances, if it has decided to initiate or is deciding to initiate litigation [see Government Code Section 11126(e)(2)(C)], or, if in the opinion of the state body on the advice of its legal counsel, based on existing facts and circumstances, there is significant exposure to litigation against the state body [see Government Code Section 11126(e)(2)(B)(i)]. Such consideration may include but is not limited to the following matters: 
        1. Assagai v. POST;  Demand letter and claims before the Department of Labor Standards Enforcement, Employment Development Departments and Victim’s Compensation and Government Claim Board. 
        2. Claims before the Department of Fair Employment and Housing:  
          • a.      Ingram v. POST (administrative charge of discrimination)
          • b.      Dotson v. POST (administrative charge of discrimination)
          • c.      Anonymous/Employee Complaint
          • d.      Martin: Government contract claim filed with Victim’s Compensation and Government Claim Board.

      ADJOURNMENT