NovusAGENDA

	POST COMMISSION MEETING Courtyard by Marriott - Cal Expo 1782 Tribute Road Sacramento, CA 95815 June 27, 2013 AGENDA 10:00 AM


CALL TO ORDER AND WELCOME


COLOR GUARD AND FLAG SALUTE


The Color Guard will be provided by the Fairfield Public Safety Academy.


MOMENT OF SILENCE HONORING THE OFFICERS WHO LOST THEIR LIVES IN THE LINE OF DUTY SINCE THE LAST MEETING


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


Chief Samuel Somers, Sacramento Police Department will provide opening remarks.


AWARDS PRESENTATIONS


Awards Presentations
	The 2012 POST Excellence in Training Awards will be presented to the recipients. The 2012 O.J. "Bud" Hawkins Exceptional Services Award, will be presented to the recipient. Emmy Award Presentation DYK -- Executive Office, Assistant Executive Director Jan Bullard.


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.


APPROVAL OF MINUTES				(A)


A. Approval of the Action Summary and minutes of the previous Commission meeting.


	•	Action Summary
	•	Approval of Meeting Minutes


CONSENT				B.


B. Consent Items

Report on Third Quarter FY 2012-13 Course Certification

In approving the consent calendar, the Commission receives the report.

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 Strategic Plan.

Of the 15 objectives, staff reports that:

12 -	Are in progress (being researched and/or implemented)
01 -	On hold
02 -	Recommended for deletion
15 -	Total

In approving the Consent Calendar, the Commission accepts the progress report and approves the recommendations of staff concerning the Strategic Plan.

Report on the Status of the POST Testing System

This is an informational report on the status of the POST Testing System (PTS), formerly known as Testing System Replacement Project. This project will result in replacement of the Testing Management and Assessment System (TMAS) computer-based testing system. POST will select a qualified vendor through a competitive bidding process to design and configure the testing system. Estimated vendor solicitation start date is September 2013.

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

Report on Investigative Report Writing Instructor Requirements

At its February 2013 meeting, the Commission approved revisions to Regulations 1070 and 1082 of the POST Administrative Manual to include an Investigative Report Writing for Instructors class. At the May 2013 Consortium, some academy directors voiced a desire to reevaluate the proposed amendments to the Investigative Report Writing Instructor requirements. Staff is currently in collaboration with stakeholders in order to address any concerns that they may have on the subject.

This report is presented for information only. Not action is required.

Report on SPO B.12.08 – Study the Feasibility of Establishing Instructor Training Requirements for the Public Safety Dispatcher Instructors for the Public Safety Dispatcher Course

Strategic Plan Objective B.12.08 directed staff to study the feasibility of establishing instructor training requirements for public safety dispatcher instructors for the Public Safety Dispatcher (PSD) Course. Since its initial development in 2009, POST annually presents two Academy Instructor Certification Course (AICC) classes designed specifically for public safety dispatchers who teach in the PSD Basic Course. This class also features a course development component to assist students in the design and certification of a PSD specialty courses.

Staff received favorable feedback from students and stakeholders including requests to implement this training as a requirement for instructors of the PSD basic course. Statewide surveys responded to by students, stakeholders and presenters resulted in a general consensus the training proved to enhance instructional delivery skills and increase professionalism in the Public Safety Dispatchers' Basic Course. However, implementing this instructor standard as a mandate for all presenters of the PSD basic course would be financially burdensome, negatively impact their employee staffing levels, and reduce the pool of qualified instructors. POST will continue to support PSD specific training and offer PSD AICC courses for voluntary attendance.

In approving the Consent Calendar, the Commission approves the staff recommendation to delete Strategic Plan Objective B.12.08 - Study the feasibility of establishing instructor training requirements for public safety dispatcher instructors of the Public Safety Dispatchers' Basic Course as completed.

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 continues to work with ITR to implement the Commission's direction regarding ITR’s courses.

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

Report on Reimbursement Plan Review

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.

Report on Planning of a Leadership Summit

Law enforcement leaders from across the nation are encountering multiple critical issues that impact the professional conduct and image of police officers and the agencies they represent; California is no exception.

POST staff proposes a Leadership Summit to focus on issues impacting today's law enforcement agencies. A three track delivery system will offer customized training for executives, command and/or management personnel, and line staff.

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

Report on SAFE Driving Campaign

SAFE Driving Campaign members met May 21-22, 2013 in San Diego. Presentations included Research Team findings, the Prince George's County MD Police Department’s Arrive Alive Program and risk management best practices. The SAFE Driving News Alert continues to be an effective tool in communicating the SAFE Driving message and has reached over 2,100 subscribers. Previously distributed alerts are now archived on the SAFE Driving Campaign webpage.

The MOTORS Advisory Group is working on guidelines for the operation of law enforcement motorcycle programs as well as the development of a pilot program to track motor officer near-miss collision reporting. The new “Did You Know? Distracted” video is now available on the SAFE Driving Campaign website as well as the POST Learning Portal. Staff continues to make presentations on the SAFE Driving Campaign to various law enforcement and related professional organizations.

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

10.

Report on the Status of the Model Respiratory Program for Law Enforcement

At the February 2013 Commission meeting, staff presented a report on the Model Respiratory Program for Law Enforcement that was developed in 2004 to address issues surrounding Cal OSHA and enforcement of California Code of Regulations (CCR) Title 8 – Section 5144. In addition to Section 5144, Cal OSHA adopted Section 5199 dealing with protecting law enforcement employees from Aerosol Transmissible Diseases. The 2004 guidelines need to be updated in order to provide agencies that issue respiratory protection masks to their employees’ direction on maintenance and replacement, and ensure all pertinent and existing regulations are updated and addressed in the guidelines.

Staff is working with Cal OSHA to clarify and address issues raised by the field and ensure Cal OSHA's support in making the updates to the 2004 guidelines.

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

11.

Report on the Status of the 9/11 Memorial License Plate Program Funds and Terrorism Related Training

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 three year training plan and presentation of anti-terrorism training for FYs 2012-13, 2013-14 and 2014-15.

Additional funding would allow POST to continue the development and delivery of anti-terrorism training for state and local law enforcement agencies.

A three-year training needs assessment is nearing completion, 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.

Existence of the funding source has been confirmed. Staff is in the process of seeking acquisition and completing development of a comprehensive three year training plan that will be presented to the Commission at its October 2013 meeting.

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

12.

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 over the past three years. The training course for executives has also been developed with its first presentation scheduled for June 27, 2013 in Irvine.

Following this offering, the course will be presented as a one-day training workshop Statewide, as needed basis.

In approving the Consent Calendar, the Commission is approving the staff recommendation to delete Strategic Plan Objective B.7.06 - Develop a major-case management training course for managers/executives, as completed.


FINANCE


A.	Financial Report
	The Chair of the Finance Committee will report on the results of the Finance Committee meeting held on Wednesday, June 26, 2013, in Sacramento, 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) Standard Format Minimum Content and Hourly Requirements Regular Basic Course (RBC) Modular Format - Module I Minimum Content and Hourly Requirements Regular Basic Course (RBC) Modular Format - Module II Minimum Content and Hourly Requirements Regular Basic Course (RBC) Modular Format - Module III Minimum Content and Hourly Requirements Specialized Investigators' Basic Course LD 18, Investigative Report Writing LD 25, Domestic Violence LD 33, Arrest and Control 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 February 1, 2014. Finance Committee Discussion [ ] Yes [ ] No Recommended Action [ ] Yes [ ] No Advisory Committee Discussion [ ] Yes [ ] No Recommended Action [ ] Yes [ ] No
C.	Report on Request to Increase the Maximum Reimbursable Tuition for Basic Course Driver Training
	As a result of the implementation of recommendations from the Commission, new Training and Testing Specifications for Learning Domain (LD) 19 Vehicle Operations in the Regular Basic Course (RBC), will go into affect on August 1, 2013. The revised RBC curricula will include new content and 16 additional training hours. More instructional staff will be required due to the addition of the Law Enforcement Driver Training Simulators (LEDS) in the RBC. All presenters will be required to have lighting systems for the Collision Avoidance Exercise; add instructional staff to drive interference vehicles, and use more fuel due to the 65 mph speed exercise test. The last time there was an increase in the Basic Course Driver Training tuition was July 2000 when it was established as $445.00 for academies that receive subvention and $525.00 for those that do not. Since then costs for vehicle maintenance and fuel have drastically increased. A survey of academies was conducted to establish per student cost with the implementation of the new curricula. Based on the results of the survey, it is recommended that the Basic Course Driver Training tuition be increased to $1,000.00 per student. If the Commission concurs, the appropriate action would be a MOTION to authorize the Executive Director to increase the maximum reimbursable tuition for Basic Course Driver Training to $1,000.00 per student. (ROLL CALL VOTE) Finance Committee Discussion [ ] Yes [ ] No Recommended Action [ ] Yes [ ] No Advisory Committee Discussion [ ] Yes [ ] No Recommended Action [ ] Yes [ ] No
D.	Report on Revision to Commission Regulation in Relation to the Delivery of Basic Training and Test Management and Security Protocols
	As part of an ongoing process, staff reviews regulations and procedures relating to basic courses to determine if revisions are necessary. This report covers revisions to POST Administrative Manual Regulations 1001, 1006, 1007, 1052, 1055, 1070, 1071, 1950, Procedures D-1, D-10, D-11 and the Test Management and Security Protocols (protocols). The revisions add definitions and training requirements for basic courses, replace outdated Report Writing Test Videos with new videos, and outline the process for a presenter to investigate and report an incident of cheating. Additional revisions have been made for the purpose of clarity in training requirements and consistency in language. 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 February 1, 2014. Finance Committee Discussion [ ] Yes [ ] No Recommended Action [ ] Yes [ ] No Advisory Committee Discussion [ ] Yes [ ] No Recommended Action [ ] Yes [ ] No
E.	Report on Request to Contract to Administer the Peace Officer Critical Incident Review Program
	POST, with the assistance of the LEOKA Advisory Council, has studied line of duty deaths and assaults on California peace officers for over 25 years. The findings are published every five years in the ‘California Law Enforcement Officers Killed and Assaulted in the Line of Duty’ report ("LEOKA"). Additionally, as required by legislative mandate, the research reveals training issues which lead to necessary updates to training material. The five-year interval for the LEOKA reports is intended to track incidents over an extended period to determine if there are any trends in the accidental and felonious deaths of, or assaults on, peace officers. However, incidents arise that can have major implications for officer safety and therefore the analysis and dissemination of the resulting data cannot wait for the publication of the next five-year report. The Critical Incident Review Program is designed to deal with these types of incidents in the near-term and publish timely independent reports. Low-staffing levels have created a backlog of reviews for line of duty death incidents. Staff is now positioned to better support the Program; however, additional outside assistance is needed to complete the review of prior incidents in a timely manner. Moving forward, staff will complete studies of more recent incidents within the calendar year. In addition, staff will expand research into peace officer assaults in the line of duty in order to better correlate current training methods with contemporary field situations. Plans are in place for development of a web-based incident questionnaire which will provide secured access for agency and Council input. The use of this data, will allow POST to provide more timely information to the field through intermediate reports while concurrently preparing for a more timely release of the five-year report. The ultimate goal of the LEOKA and Critical Incident Review Programs is to incorporate the findings into academy and in-service training while increasing officer safety and decreasing line of duty deaths (see Attachment A). 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 administer and coordinate the LEOKA and Critical Incident Review Programs in an amount not to exceed $100,000. (ROLL CALL) Finance Committee Discussion [ ] Yes [ ] No Recommended Action [ ] Yes [ ] No Advisory Committee Discussion [ ] Yes [ ] No Recommended Action [ ] Yes [ ] No


EXECUTIVE OFFICE


F.	Report on Request to Expand Reimbursement Plans to Include a Plan V
	At the July 22, 1993 meeting, the Commission approved an agenda item entitled “Implementation of Reimbursement Reconfiguration”, which included the newly introduced reimbursement Plan V. Plan V provides for Subsistence, Commuter Lunch and Travel reimbursement to agencies sending officers to training., as well as reimbursement to agencies that incur "Training Presentation Costs”. Colleges, universities and private presenters were excluded from receiving Training Presentation Costs. Plan V was designed to relieve departments of the need to pay tuition in advance of sending officers to training presented by other law enforcement agencies. Plan V was established when POST was adjusting to a 30% reduction in revenues from the Penalty Assessment Fund due to the enactment of the Trial Court Funding Act of 1988. At that time, the Commission eliminated salary reimbursement and modified several reimbursement plans to keep training available and affordable to the field. Since 1993 the number of certified courses has doubled, from approximately 2,400 courses, then, to over 5,600 courses, today. Correspondingly, the number of contract training courses has increased from 63 in 1993, to 106 in FY 2012-13. Contract training courses are labor-intensive and costly to administer. To shift away from this time-consuming and costly model of contracting for course presentations and maximize the use of reimbursement Plan V, staff recommends the Commission consider adding colleges, universities, private presenters, other public entities and joint powers agencies as entities that may receive training presentation costs. POST presently certifies courses under Plans I, II, III and IV to colleges, universities and private presenters, as well as to agency presenters. If approved, the above action will necessitate a revision to Commission Regulation 1015 (c) – Reimbursement for Training Presentation and to Commission Procedure E-2-2 – Reimbursement Plans. If the Commission concurs, the appropriate action would be a MOTION to approve, subject to a Notice of Proposed Regulatory Action process, the changes to Commission Regulation 1015 (c) and Commission Procedure E-2-2, as enumerated in this report. Finance Committee Discussion [ ] Yes [ ] No Recommended Action [ ] Yes [ ] No Advisory Committee Discussion [ ] Yes [ ] No Recommended Action [ ] Yes [ ] No


STANDARDS, EVALUATIONS, AND RESEARCH BUREAU


G.	Report on Proposed Regulation Changes Establishing Administrative Procedures for the Continuing Professional Education Requirement for Peace Officer Screening Psychologists
	At the October 2012 meeting, the Commission approved changes to Regulation 1955 requiring peace officer screening psychological evaluators to complete 12 hours of POST-approved continuing professional education (CPE) biennially. CPE courses will be evaluated based on course quality and content. Courses provided by bona fide associations will be reviewed on a case by case basis to determine if they meet the requirements for POST approval. An online CPE Tracking System is being created to assist with the administration of the CPE requirement. The system will allow for the electronic submission of course and evaluator information providing an efficient means for the gathering and dispensing of information. A list of screening psychologists and POST-approved CPE courses will be maintained on the POST website. If the Commission concurs, the appropriate action would be a MOTION to amend Commission Regulation 1955 to establish administrative procedures for the continuing professional education requirement for peace officer screening psychologists. Finance Committee Discussion [ ] Yes [ ] No Recommended Action [ ] Yes [ ] No Advisory Committee Discussion [ ] Yes [ ] No Recommended Action [ ] Yes [ ] No


TRAINING PROGRAM SERVICES BUREAU


H.	Report on Request to Amend Contract for the Supervisory Course
	At its February 2013 meeting, the Commission approved the recurring contract for presentations of the Supervisory Course for FY 2013-14 in an amount not to exceed $222,630. This item will not change the amount of the Supervisory Course contract but will revise the current course presenters and number of presentations per entity. The contract will still provide for 41 presentations of the course. All of these contractors have requested to adjust the number of presentations they plan to provide based on projected student demand and instructor availability. The changes enumerated will accommodate each presenter as requested, without changing the dollar amount approved by the Commission in February. If the Commission concurs, the appropriate action would be a MOTION to authorize the Executive Director to amend the FY 2013-14 contract for the Supervisory Course as described in the staff report. (ROLL CALL VOTE) Finance Committee Discussion [ ] Yes [ ] No Recommended Action [ ] Yes [ ] No Advisory Committee Discussion [ ] Yes [ ] No Recommended Action [ ] Yes [ ] No


COMMITTEE REPORTS


I.	Advisory Committee
	The Chair of the POST Advisory Committee will report on the results of the Advisory Committee meeting held on Wednesday, June 26, 2013, in Sacramento, California.
J.	Legislative Review Committee
	The Chair of the Legislative Review Committee, will report on the results of the Legislative Review Committee meeting held on Thursday, June 27, 2013, in Sacramento, California.


CORRESPONDENCE


K.	To POST from:
	Keith, Royal, President, California State Sheriffs' Association (CSSA), requesting reappointment of Sheriff Ed Bonner, Placer County Sheriff's Department to the POST Advisory Committee representing CSSA. Alex Bernard, Public Member, requesting reappointment to the POST Advisory Committee. Greg Dossey, President, California Academy Directors Association (CADA), requesting reappointment of Mr. Richard Lindstrom, Academy Director, State Center Regional Training Facility to the POST Advisory Committee representing CADA. Tim Willmore, Executive Director, California Association of Police Training Officers (CAPTO) requesting Fresno County District Attorney Investigator Randy Waltz be nominated to serve as the CAPTO representative to the POST Advisory Committee. Stephen E. James, President, California Coalition of Law Enforcement Associations (CCLEA), requesting reappointment of Mario A. Casas, Training & Recruitment Officer, Irvine Police Department to the POST Advisory Committee representing CCLEA. Rick Braziel, President, California Peace Officers Association (CPOA), requesting reappointment of Chief Sandra Spagnoli, San Leandro Police Department, to the POST Advisory Committee representing CPOA. Ron Cottingham, President, Peace Officers Research Association (PORAC), requesting reappointment of Officer Jim Bock, San Joaquin Delta College to the POST Advisory Committee representing PORAC's Specialized Police Association Coalition. Ron Cottingham, President, Peace Officers Research Association (PORAC), requesting reappointment of Detective Sergeant Joe Flannagan, Alhambra Police Department to the POST Advisory Committee representing PORAC. Elmo Banning, Public Member, requesting reappointment to the POST Advisory Committee. Kim J. Raney, President, California Police Chief Association Inc. (CPCA), requesting reappointment of Chief Andrew Bidou, Benicia Police Department, to the POST Advisory Committee representing CPCA. Dean R. Milligan, Captain, Downey Police Department, regarding the State Controller's Office audit and POST's back-fill reimbursement procedure. J.A. Farrow, Commissioner, California Highway Patrol (CHP), requesting Captain Chuck King to replace Commander Mitch Mueller to the POST Advisory Committee representing CHP. Larry Ellsworth, Senior Consultant, Commission on POST, requesting reappointment of Alan McFadon to the POST Advisory Committee representing POST Public Safety Dispatch Advisory Council (PPSDAC).
L.	From POST to:
	Chief Kevin Vogel, Santa Cruz Police Department, expressing deepest sympathy over the tragic, on-duty death of Sergeant Loran "Butch" Baker and Officer Elizabeth Butler. Assembly Member Nora Campos, California State Assembly, informing her that POST took the position of OPPOSE, unless amended to AB 25. Assembly Member Richard Pan, California State Assembly, informing him that POST took the position of OPPOSE, unless amended to AB 906. Assembly Member Shirley N. Weber, California State Assembly, informing her that POST took the position of OPPOSE, unless amended to AB 979. Dean R. Milligan, Captain, Downey Police Department, responding to his inquiries regarding the State Controller's Office audit and POST's backfill reimbursement procedures. Assembly Member Rudy Salas, California State Assembly, informing him that POST took the position of OPPOSE, unless amended to AB 739. Assembly Member Shirley N. Weber, California State Assembly, informing her that POST will recommend to the Commission to remove its opposition to Assembly Bill 979. Senate Member Jim Beall, California State Senate, informing him that POST took the position of OPPOSE, unless amended to AB 906.


OLD BUSINESS


NEW BUSINESS


M.	New Business
	Election of New Commission Chair and Vice Chair Review and Action on Nominations to the Advisory Committee


FUTURE COMMISSION DATES


N.	Future Commission Dates:
October 23-24, 2013 - Embassy Suites, Burlingame February 19-20, 2014 - Renaissance Long Beach Hotel, Long Beach June 25-26, 2014 - To be Announced October 22-23, 2014 - Hyatt Regency, Irvine


CLOSED SESSION


O.	Closed Executive Session:
1) 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: i) Knowledge and Intelligence Professional Programs v. Lukin et al; Second Appellate District, Case No. B234495. ii) Knowledge and Intelligence Professional Programs v. POST, Los Angeles Superior Court, Case No. NC058217. 2) Conference with Legal Counsel – Existing/Potential Litigation: Under Government Code Section 11126(e)(1) and (2), the Commission hereby provides public notice that it may meet in closed session to consider the following matters, and/or 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: a) 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. b) Claims before the Department of Fair Employment and Housing: i) Department of Fair Employment and Housing, Charge # 65195-30829 (administrative charge of discrimination) ii) Department of Fair Employment and Housing, Charge # 53744-25560 (administrative charge of discrimination) iii) Department of Fair Employment and Housing, Charge # 86148-39223; EEOC # 846-2013-34422 (administrative charges of discrimination) c) Matters Before the State Personnel Board: i) SPB Case # 13-0355 (Employee Appeal of Termination decision) ii) M.E. v. CHP/SPB et al., SPB Case # 112040-NA d) Matters before the Victim’s Compensation and Government Claim Board: i) Martin: Government contract claim


ADJOURNMENT

	POST COMMISSION MEETING Courtyard by Marriott - Cal Expo 1782 Tribute Road Sacramento, CA 95815 June 27 2013 AGENDA 10:00 AM


CALL TO ORDER AND WELCOME


COLOR GUARD AND FLAG SALUTE


The Color Guard will be provided by the Fairfield Public Safety Academy.


MOMENT OF SILENCE HONORING THE OFFICERS WHO LOST THEIR LIVES IN THE LINE OF DUTY SINCE THE LAST MEETING


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


Chief Samuel Somers, Sacramento Police Department will provide opening remarks.


AWARDS PRESENTATIONS


Awards Presentations
	The 2012 POST Excellence in Training Awards will be presented to the recipients. The 2012 O.J. "Bud" Hawkins Exceptional Services Award, will be presented to the recipient. Emmy Award Presentation DYK -- Executive Office, Assistant Executive Director Jan Bullard.


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.


APPROVAL OF MINUTES				(A)


A. Approval of the Action Summary and minutes of the previous Commission meeting.


	•	Action Summary


	•	Approval of Meeting Minutes


CONSENT				B.


B. Consent Items


	1.	Report on Third Quarter FY 2012-13 Course Certification
		In approving the consent calendar, the Commission receives the report.

Report on POST Strategic Plan Implementation

12 -	Are in progress (being researched and/or implemented)
01 -	On hold
02 -	Recommended for deletion
15 -	Total

In approving the Consent Calendar, the Commission accepts the progress report and approves the recommendations of staff concerning the Strategic Plan.


	3.	Report on the Status of the POST Testing System
		This is an informational report on the status of the POST Testing System (PTS), formerly known as Testing System Replacement Project. This project will result in replacement of the Testing Management and Assessment System (TMAS) computer-based testing system. POST will select a qualified vendor through a competitive bidding process to design and configure the testing system. Estimated vendor solicitation start date is September 2013. This report is presented for information only. No action is required.


	4.	Report on Investigative Report Writing Instructor Requirements
		At its February 2013 meeting, the Commission approved revisions to Regulations 1070 and 1082 of the POST Administrative Manual to include an Investigative Report Writing for Instructors class. At the May 2013 Consortium, some academy directors voiced a desire to reevaluate the proposed amendments to the Investigative Report Writing Instructor requirements. Staff is currently in collaboration with stakeholders in order to address any concerns that they may have on the subject. This report is presented for information only. Not action is required.


	5.	Report on SPO B.12.08 – Study the Feasibility of Establishing Instructor Training Requirements for the Public Safety Dispatcher Instructors for the Public Safety Dispatcher Course
		Strategic Plan Objective B.12.08 directed staff to study the feasibility of establishing instructor training requirements for public safety dispatcher instructors for the Public Safety Dispatcher (PSD) Course. Since its initial development in 2009, POST annually presents two Academy Instructor Certification Course (AICC) classes designed specifically for public safety dispatchers who teach in the PSD Basic Course. This class also features a course development component to assist students in the design and certification of a PSD specialty courses. Staff received favorable feedback from students and stakeholders including requests to implement this training as a requirement for instructors of the PSD basic course. Statewide surveys responded to by students, stakeholders and presenters resulted in a general consensus the training proved to enhance instructional delivery skills and increase professionalism in the Public Safety Dispatchers' Basic Course. However, implementing this instructor standard as a mandate for all presenters of the PSD basic course would be financially burdensome, negatively impact their employee staffing levels, and reduce the pool of qualified instructors. POST will continue to support PSD specific training and offer PSD AICC courses for voluntary attendance. In approving the Consent Calendar, the Commission approves the staff recommendation to delete Strategic Plan Objective B.12.08 - Study the feasibility of establishing instructor training requirements for public safety dispatcher instructors of the Public Safety Dispatchers' Basic Course as completed.


	6.	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 continues to work with ITR to implement the Commission's direction regarding ITR’s courses. This report is presented for information only. No action is required.


	7.	Report on Reimbursement Plan Review
		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.


	8.	Report on Planning of a Leadership Summit
		Law enforcement leaders from across the nation are encountering multiple critical issues that impact the professional conduct and image of police officers and the agencies they represent; California is no exception. POST staff proposes a Leadership Summit to focus on issues impacting today's law enforcement agencies. A three track delivery system will offer customized training for executives, command and/or management personnel, and line staff. This report is presented for information only. No action is required.

Report on SAFE Driving Campaign


	10.	Report on the Status of the Model Respiratory Program for Law Enforcement
		At the February 2013 Commission meeting, staff presented a report on the Model Respiratory Program for Law Enforcement that was developed in 2004 to address issues surrounding Cal OSHA and enforcement of California Code of Regulations (CCR) Title 8 – Section 5144. In addition to Section 5144, Cal OSHA adopted Section 5199 dealing with protecting law enforcement employees from Aerosol Transmissible Diseases. The 2004 guidelines need to be updated in order to provide agencies that issue respiratory protection masks to their employees’ direction on maintenance and replacement, and ensure all pertinent and existing regulations are updated and addressed in the guidelines. Staff is working with Cal OSHA to clarify and address issues raised by the field and ensure Cal OSHA's support in making the updates to the 2004 guidelines. This report is presented for information only. No action is required.


	11.	Report on the Status of the 9/11 Memorial License Plate Program Funds and Terrorism Related Training
		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 three year training plan and presentation of anti-terrorism training for FYs 2012-13, 2013-14 and 2014-15. Additional funding would allow POST to continue the development and delivery of anti-terrorism training for state and local law enforcement agencies. A three-year training needs assessment is nearing completion, 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. Existence of the funding source has been confirmed. Staff is in the process of seeking acquisition and completing development of a comprehensive three year training plan that will be presented to the Commission at its October 2013 meeting. This report is presented for information only. No action is required.


	12.	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 over the past three years. The training course for executives has also been developed with its first presentation scheduled for June 27, 2013 in Irvine. Following this offering, the course will be presented as a one-day training workshop Statewide, as needed basis. In approving the Consent Calendar, the Commission is approving the staff recommendation to delete Strategic Plan Objective B.7.06 - Develop a major-case management training course for managers/executives, as completed.


FINANCE


A.	Financial Report
	The Chair of the Finance Committee will report on the results of the Finance Committee meeting held on Wednesday, June 26, 2013, in Sacramento, 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) Standard Format Minimum Content and Hourly Requirements Regular Basic Course (RBC) Modular Format - Module I Minimum Content and Hourly Requirements Regular Basic Course (RBC) Modular Format - Module II Minimum Content and Hourly Requirements Regular Basic Course (RBC) Modular Format - Module III Minimum Content and Hourly Requirements Specialized Investigators' Basic Course LD 18, Investigative Report Writing LD 25, Domestic Violence LD 33, Arrest and Control 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 February 1, 2014. Finance Committee Discussion [ ] Yes [ ] No Recommended Action [ ] Yes [ ] No Advisory Committee Discussion [ ] Yes [ ] No Recommended Action [ ] Yes [ ] No


C.	Report on Request to Increase the Maximum Reimbursable Tuition for Basic Course Driver Training
	As a result of the implementation of recommendations from the Commission, new Training and Testing Specifications for Learning Domain (LD) 19 Vehicle Operations in the Regular Basic Course (RBC), will go into affect on August 1, 2013. The revised RBC curricula will include new content and 16 additional training hours. More instructional staff will be required due to the addition of the Law Enforcement Driver Training Simulators (LEDS) in the RBC. All presenters will be required to have lighting systems for the Collision Avoidance Exercise; add instructional staff to drive interference vehicles, and use more fuel due to the 65 mph speed exercise test. The last time there was an increase in the Basic Course Driver Training tuition was July 2000 when it was established as $445.00 for academies that receive subvention and $525.00 for those that do not. Since then costs for vehicle maintenance and fuel have drastically increased. A survey of academies was conducted to establish per student cost with the implementation of the new curricula. Based on the results of the survey, it is recommended that the Basic Course Driver Training tuition be increased to $1,000.00 per student. If the Commission concurs, the appropriate action would be a MOTION to authorize the Executive Director to increase the maximum reimbursable tuition for Basic Course Driver Training to $1,000.00 per student. (ROLL CALL VOTE) Finance Committee Discussion [ ] Yes [ ] No Recommended Action [ ] Yes [ ] No Advisory Committee Discussion [ ] Yes [ ] No Recommended Action [ ] Yes [ ] No


D.	Report on Revision to Commission Regulation in Relation to the Delivery of Basic Training and Test Management and Security Protocols
	As part of an ongoing process, staff reviews regulations and procedures relating to basic courses to determine if revisions are necessary. This report covers revisions to POST Administrative Manual Regulations 1001, 1006, 1007, 1052, 1055, 1070, 1071, 1950, Procedures D-1, D-10, D-11 and the Test Management and Security Protocols (protocols). The revisions add definitions and training requirements for basic courses, replace outdated Report Writing Test Videos with new videos, and outline the process for a presenter to investigate and report an incident of cheating. Additional revisions have been made for the purpose of clarity in training requirements and consistency in language. 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 February 1, 2014. Finance Committee Discussion [ ] Yes [ ] No Recommended Action [ ] Yes [ ] No Advisory Committee Discussion [ ] Yes [ ] No Recommended Action [ ] Yes [ ] No


E.	Report on Request to Contract to Administer the Peace Officer Critical Incident Review Program
	POST, with the assistance of the LEOKA Advisory Council, has studied line of duty deaths and assaults on California peace officers for over 25 years. The findings are published every five years in the ‘California Law Enforcement Officers Killed and Assaulted in the Line of Duty’ report ("LEOKA"). Additionally, as required by legislative mandate, the research reveals training issues which lead to necessary updates to training material. The five-year interval for the LEOKA reports is intended to track incidents over an extended period to determine if there are any trends in the accidental and felonious deaths of, or assaults on, peace officers. However, incidents arise that can have major implications for officer safety and therefore the analysis and dissemination of the resulting data cannot wait for the publication of the next five-year report. The Critical Incident Review Program is designed to deal with these types of incidents in the near-term and publish timely independent reports. Low-staffing levels have created a backlog of reviews for line of duty death incidents. Staff is now positioned to better support the Program; however, additional outside assistance is needed to complete the review of prior incidents in a timely manner. Moving forward, staff will complete studies of more recent incidents within the calendar year. In addition, staff will expand research into peace officer assaults in the line of duty in order to better correlate current training methods with contemporary field situations. Plans are in place for development of a web-based incident questionnaire which will provide secured access for agency and Council input. The use of this data, will allow POST to provide more timely information to the field through intermediate reports while concurrently preparing for a more timely release of the five-year report. The ultimate goal of the LEOKA and Critical Incident Review Programs is to incorporate the findings into academy and in-service training while increasing officer safety and decreasing line of duty deaths (see Attachment A). 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 administer and coordinate the LEOKA and Critical Incident Review Programs in an amount not to exceed $100,000. (ROLL CALL) Finance Committee Discussion [ ] Yes [ ] No Recommended Action [ ] Yes [ ] No Advisory Committee Discussion [ ] Yes [ ] No Recommended Action [ ] Yes [ ] No


EXECUTIVE OFFICE


F.	Report on Request to Expand Reimbursement Plans to Include a Plan V
	At the July 22, 1993 meeting, the Commission approved an agenda item entitled “Implementation of Reimbursement Reconfiguration”, which included the newly introduced reimbursement Plan V. Plan V provides for Subsistence, Commuter Lunch and Travel reimbursement to agencies sending officers to training., as well as reimbursement to agencies that incur "Training Presentation Costs”. Colleges, universities and private presenters were excluded from receiving Training Presentation Costs. Plan V was designed to relieve departments of the need to pay tuition in advance of sending officers to training presented by other law enforcement agencies. Plan V was established when POST was adjusting to a 30% reduction in revenues from the Penalty Assessment Fund due to the enactment of the Trial Court Funding Act of 1988. At that time, the Commission eliminated salary reimbursement and modified several reimbursement plans to keep training available and affordable to the field. Since 1993 the number of certified courses has doubled, from approximately 2,400 courses, then, to over 5,600 courses, today. Correspondingly, the number of contract training courses has increased from 63 in 1993, to 106 in FY 2012-13. Contract training courses are labor-intensive and costly to administer. To shift away from this time-consuming and costly model of contracting for course presentations and maximize the use of reimbursement Plan V, staff recommends the Commission consider adding colleges, universities, private presenters, other public entities and joint powers agencies as entities that may receive training presentation costs. POST presently certifies courses under Plans I, II, III and IV to colleges, universities and private presenters, as well as to agency presenters. If approved, the above action will necessitate a revision to Commission Regulation 1015 (c) – Reimbursement for Training Presentation and to Commission Procedure E-2-2 – Reimbursement Plans. If the Commission concurs, the appropriate action would be a MOTION to approve, subject to a Notice of Proposed Regulatory Action process, the changes to Commission Regulation 1015 (c) and Commission Procedure E-2-2, as enumerated in this report. Finance Committee Discussion [ ] Yes [ ] No Recommended Action [ ] Yes [ ] No Advisory Committee Discussion [ ] Yes [ ] No Recommended Action [ ] Yes [ ] No


STANDARDS, EVALUATIONS, AND RESEARCH BUREAU


G.	Report on Proposed Regulation Changes Establishing Administrative Procedures for the Continuing Professional Education Requirement for Peace Officer Screening Psychologists
	At the October 2012 meeting, the Commission approved changes to Regulation 1955 requiring peace officer screening psychological evaluators to complete 12 hours of POST-approved continuing professional education (CPE) biennially. CPE courses will be evaluated based on course quality and content. Courses provided by bona fide associations will be reviewed on a case by case basis to determine if they meet the requirements for POST approval. An online CPE Tracking System is being created to assist with the administration of the CPE requirement. The system will allow for the electronic submission of course and evaluator information providing an efficient means for the gathering and dispensing of information. A list of screening psychologists and POST-approved CPE courses will be maintained on the POST website. If the Commission concurs, the appropriate action would be a MOTION to amend Commission Regulation 1955 to establish administrative procedures for the continuing professional education requirement for peace officer screening psychologists. Finance Committee Discussion [ ] Yes [ ] No Recommended Action [ ] Yes [ ] No Advisory Committee Discussion [ ] Yes [ ] No Recommended Action [ ] Yes [ ] No


TRAINING PROGRAM SERVICES BUREAU


H.	Report on Request to Amend Contract for the Supervisory Course
	At its February 2013 meeting, the Commission approved the recurring contract for presentations of the Supervisory Course for FY 2013-14 in an amount not to exceed $222,630. This item will not change the amount of the Supervisory Course contract but will revise the current course presenters and number of presentations per entity. The contract will still provide for 41 presentations of the course. All of these contractors have requested to adjust the number of presentations they plan to provide based on projected student demand and instructor availability. The changes enumerated will accommodate each presenter as requested, without changing the dollar amount approved by the Commission in February. If the Commission concurs, the appropriate action would be a MOTION to authorize the Executive Director to amend the FY 2013-14 contract for the Supervisory Course as described in the staff report. (ROLL CALL VOTE) Finance Committee Discussion [ ] Yes [ ] No Recommended Action [ ] Yes [ ] No Advisory Committee Discussion [ ] Yes [ ] No Recommended Action [ ] Yes [ ] No


COMMITTEE REPORTS


I.	Advisory Committee
	The Chair of the POST Advisory Committee will report on the results of the Advisory Committee meeting held on Wednesday, June 26, 2013, in Sacramento, California.


J.	Legislative Review Committee
	The Chair of the Legislative Review Committee, will report on the results of the Legislative Review Committee meeting held on Thursday, June 27, 2013, in Sacramento, California.


CORRESPONDENCE


K.	To POST from:
	Keith, Royal, President, California State Sheriffs' Association (CSSA), requesting reappointment of Sheriff Ed Bonner, Placer County Sheriff's Department to the POST Advisory Committee representing CSSA. Alex Bernard, Public Member, requesting reappointment to the POST Advisory Committee. Greg Dossey, President, California Academy Directors Association (CADA), requesting reappointment of Mr. Richard Lindstrom, Academy Director, State Center Regional Training Facility to the POST Advisory Committee representing CADA. Tim Willmore, Executive Director, California Association of Police Training Officers (CAPTO) requesting Fresno County District Attorney Investigator Randy Waltz be nominated to serve as the CAPTO representative to the POST Advisory Committee. Stephen E. James, President, California Coalition of Law Enforcement Associations (CCLEA), requesting reappointment of Mario A. Casas, Training & Recruitment Officer, Irvine Police Department to the POST Advisory Committee representing CCLEA. Rick Braziel, President, California Peace Officers Association (CPOA), requesting reappointment of Chief Sandra Spagnoli, San Leandro Police Department, to the POST Advisory Committee representing CPOA. Ron Cottingham, President, Peace Officers Research Association (PORAC), requesting reappointment of Officer Jim Bock, San Joaquin Delta College to the POST Advisory Committee representing PORAC's Specialized Police Association Coalition. Ron Cottingham, President, Peace Officers Research Association (PORAC), requesting reappointment of Detective Sergeant Joe Flannagan, Alhambra Police Department to the POST Advisory Committee representing PORAC. Elmo Banning, Public Member, requesting reappointment to the POST Advisory Committee. Kim J. Raney, President, California Police Chief Association Inc. (CPCA), requesting reappointment of Chief Andrew Bidou, Benicia Police Department, to the POST Advisory Committee representing CPCA. Dean R. Milligan, Captain, Downey Police Department, regarding the State Controller's Office audit and POST's back-fill reimbursement procedure. J.A. Farrow, Commissioner, California Highway Patrol (CHP), requesting Captain Chuck King to replace Commander Mitch Mueller to the POST Advisory Committee representing CHP. Larry Ellsworth, Senior Consultant, Commission on POST, requesting reappointment of Alan McFadon to the POST Advisory Committee representing POST Public Safety Dispatch Advisory Council (PPSDAC).


L.	From POST to:
	Chief Kevin Vogel, Santa Cruz Police Department, expressing deepest sympathy over the tragic, on-duty death of Sergeant Loran "Butch" Baker and Officer Elizabeth Butler. Assembly Member Nora Campos, California State Assembly, informing her that POST took the position of OPPOSE, unless amended to AB 25. Assembly Member Richard Pan, California State Assembly, informing him that POST took the position of OPPOSE, unless amended to AB 906. Assembly Member Shirley N. Weber, California State Assembly, informing her that POST took the position of OPPOSE, unless amended to AB 979. Dean R. Milligan, Captain, Downey Police Department, responding to his inquiries regarding the State Controller's Office audit and POST's backfill reimbursement procedures. Assembly Member Rudy Salas, California State Assembly, informing him that POST took the position of OPPOSE, unless amended to AB 739. Assembly Member Shirley N. Weber, California State Assembly, informing her that POST will recommend to the Commission to remove its opposition to Assembly Bill 979. Senate Member Jim Beall, California State Senate, informing him that POST took the position of OPPOSE, unless amended to AB 906.


OLD BUSINESS


NEW BUSINESS


M.	New Business
	Election of New Commission Chair and Vice Chair Review and Action on Nominations to the Advisory Committee


FUTURE COMMISSION DATES


N.	Future Commission Dates:
October 23-24, 2013 - Embassy Suites, Burlingame February 19-20, 2014 - Renaissance Long Beach Hotel, Long Beach June 25-26, 2014 - To be Announced October 22-23, 2014 - Hyatt Regency, Irvine


CLOSED SESSION


O.	Closed Executive Session:
1) 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: i) Knowledge and Intelligence Professional Programs v. Lukin et al; Second Appellate District, Case No. B234495. ii) Knowledge and Intelligence Professional Programs v. POST, Los Angeles Superior Court, Case No. NC058217. 2) Conference with Legal Counsel – Existing/Potential Litigation: Under Government Code Section 11126(e)(1) and (2), the Commission hereby provides public notice that it may meet in closed session to consider the following matters, and/or 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: a) 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. b) Claims before the Department of Fair Employment and Housing: i) Department of Fair Employment and Housing, Charge # 65195-30829 (administrative charge of discrimination) ii) Department of Fair Employment and Housing, Charge # 53744-25560 (administrative charge of discrimination) iii) Department of Fair Employment and Housing, Charge # 86148-39223; EEOC # 846-2013-34422 (administrative charges of discrimination) c) Matters Before the State Personnel Board: i) SPB Case # 13-0355 (Employee Appeal of Termination decision) ii) M.E. v. CHP/SPB et al., SPB Case # 112040-NA d) Matters before the Victim’s Compensation and Government Claim Board: i) Martin: Government contract claim


ADJOURNMENT