POST COMMISSION MEETING
Embassy Suites - San Francisco Waterfront, Burlingame
150 Anza Boulevard, Burlingame, CA 94010; (650) 342-4600

October 24, 2013
AGENDA
10:00 AM

                                       

CALL TO ORDER AND WELCOME

COLOR GUARD AND FLAG SALUTE
The Honor Guard will be provided by the San Mateo County Sheriff's 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 Jon Coutchie, Laguna Beach 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
Chief Edward Wood, Burlingame 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.

APPROVAL OF MINUTES(A)
A.      Approval of the Action Summary and minutes of the previous Commission meeting.
•Action Summary - June 27, 2013
•Action Summary - July 16, 2013
•Meeting Minutes - June 27, 2013
•Meeting Minutes - July 16, 2013

CONSENTB.
B.      Consent Items
1.Report on First Quarter FY 2013-14 Course Certifications
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 Strategic Plan.

Of the 13 objectives, staff reports that:

   12 Are in progress (being researched and/or implemented) 
     1 On hold
     0 Recommended for deletion
   13 Total

There are no objectives recommended for deletion at this time.

In approving the Consent Calendar, the Commission accepts the progress report and approves the recommendations of staff concerning the Strategic Plan.
3.Report on Agency Requesting Entry Into The POST Reimbursable Program Public Safety Dispatcher Program
The Shasta County Marshal's Office - Public Safety Dispatchers is requesting entry into the POST Reimbursable Public Safety Dispatchers Program.
4.Report on Status of Regular Basic Course Student e-Workbooks
POST staff have developed a prototype iPad-based electronic workbook ("e-Workbook") which is ready for pilot testing by selected academies.  Plans are underway to convert the remaining Student Workbooks to the e-book format.

This report is presented for information only.  No action is required.
5.Report on the Status of the Model Respiratory Program for Law Enforcement

At the February 2012 Commission meeting, staff presented a report on the update to the Model Respiratory Program for Law Enforcement that was developed in 2004 to address Cal OSHA requirements and enforcement of CCR Title 8 – Section 5144.  The 2004 guidelines needed to be updated to reflect the changes in the Regulation that directs agencies on maintenance and replacement of respiratory protection masks provided to their employees.

POST staff met with Cal OSHA and appropriate stakeholders to complete the revision of the guidelines.  The revised document is being prepared for publication.

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

6.Report on SPO B.3.04, Regarding the Provision of Driver Training and Force Options Simulators to the Regional Skills Training Centers
Staff, stakeholders, and representatives of the Department of General Services (DGS) Procurement Division finalized specifications for the new Force Options Simulator (FOS) that meet the needs of the POST Regional Skills Training Centers (RSTCs).  The Invitation to Bid was published on March 14, responses to questions from potential bidders clarifying the intent and content of the IFB were posted, and bids were received and reviewed by DGS Procurement Division for the lowest responsive and responsible bidder meeting all administrative and technical requirements for the solicitation.

The final Notice of Intent to Award was posted on May 28.  After two unsuccessful protests were reviewed by DGS, the Contract Execution of Purchase Order was executed on July 12, 2013.  IES Interactive Training in Ann Arbor, Michigan was awarded the contract to provide twenty-four (24) fixed installations and six (6) portable Law Enforcement Force Option Training Simulator Systems to the RSTCs.  On August 14, staff and and the subject matter experts involved in the development of the solicitation attended a pre-award demonstration of both the permanently installed (fixed) system and a portable MILO Range system to ensure the equipment meets all the requirements of the solicitation.  Staff recommended approval of the award.

Delivery of the new Force Options systems began in September and should be completed in January 2014.  The delivery, installation and setup of the equipment at each site will take one day, followed by a full day of train-the-trainer instruction for the RSTC instructors.

This report is presented for information only.  No action is required.
7.Report on SAFE Driving Campaign

SAFE Driving Campaign members are meeting November 19 – 20, 2013 in San Diego.  They will receive an in-depth briefing on the Research Team’s findings that are being presented to the Commission during its October meeting.  The November meeting will also serve as the kick-off for the SAFE Driving Pledge, designed as an educational tool for organizations to reinforce their commitment to safe driving practices.

The SAFE Driving News Alert continues to be an effective tool in communicating the SAFE Driving message and has reached almost 2,200 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.  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. 

8.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 five 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 Regulation pertaining to instructor-led course certification and self-paced course certification.  This will be followed by a review of the reimbursement plans and  Commission Procedure E 2-2. 

This report is presented for information only.  No action is required.
9.Report on the Status to Implement Commission Direction Related to Training Presented by the California Association of Tactical Trainers, formally 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.  ITR has changed the organization’s name to the California Association of Tactical Trainers (CATT) and will be referred to by this new name in subsequent Commission reports.

This report is presented for information only. No action is required.
10.Report on Status of POST Testing System Procurement
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 Testing System (PTS) requirements focus on technical security, enhanced access controls, functionality for new test question formats, and Training and Testing Specifications (TTS).

This report is presented for information only.  No action is required.
11.Report to Address Revenue Shortfall in FY 2014-15
At the June 26, 2013 Finance Committee meeting, and the July 16, 2013 (teleconference) Commission meeting, staff briefed the Commission on the possibility of a $5 million budget shortfall at the end of FY 2014-15.  Due to continuing low revenues and a greater than expected number of reimbursable trainees in FY 2012-13, the deficit is now projected to be $7.8 million.

Department of Finance (DOF) projects that POST revenues from the State Penalty Assessment Fund to the Peace Officer Training Fund (POTF) will remain relatively flat from FY 2011-12 through FY 2016-17. 

Since the July meeting, staff has worked with DOF staff to identify cost cutting measures that will result in POST ending the FY 2014-15 with a modest reserve. 

This agenda item identifies spending reductions that will begin January 1, 2014 and continue through at least June 30, 2015.  Because DOF needed POST’s action plan prior to the October meeting, this item is presented on the Consent calendar. 

While no action is needed by the Commission, future adjustments to the plan are subject to discussion and direction from the Commission.
12.Report on Efforts to Update the POST Strategic Plan
At the February 2013 Commission meeting, the Commission authorized the Executive Director to enter into a contract with an entity to facilitate an update of the POST Strategic Plan in an amount not to exceed $132,250.  The California State University Sacramento Center for Collaborative Policy (CCP) has been identified to assist POST and provide this service.  This item details the progress to date.

This report is presented for information only.  No action is required.
13.Report on SAFE Driving Research Team Findings
This is an informational report on the status of SAFE Driving Research.  The SAFE Driving Campaign developed over time from an internal POST staff discussion in November 2007, to a successful, internationally-recognized multi-stakeholder effort today.  Research—systematic inquiry—has been a key component of the Campaign’s goal to reduce career-ending and fatal law enforcement traffic collisions.  Several research studies funded by POST and other entities have identified meaningful findings for the law enforcement community.  This report provides an overview of the latest findings and details about dissemination plans.

This report is presented for information only.  No action is required.
14.Report on Entry-Level Dispatcher Test Delivery
POST has delivered the Entry-Level Dispatcher Test via contract with Cooperative Personnel Services (CPS) for approximately 17 years.  Due to increased scrutiny with regard to enforcement of Government Code Section 19130 and Department of General Services' (DGS) interpretation of CPS's authority pursuant to its JPA, the most recent request to renew a contract with CPS was denied by DGS in April.  Since then, staff has sought alternative means of producing and delivering the test with reasonable cost controls and dependable test security.  This has proven to be a significant challenge.

Due to continued obstacles with contract options and increasingly urgent need for the test expressed by the field, staff identified an alternative delivery method similar to that currently employed for delivery of the POST Entry-Level Law Enforcement Test Battery (PELLETB).  This alternative delivery method is intended as a temporary measure to alleviate the backlog of orders for the Entry-Level Dispatcher Test while staff continues to pursue a long term solution.

This item is presented for information only.  No action is required.
15.Resolution
  • Ron Cottingham
16.Letter of Appreciation
  • Richard W. Reed, Assistant Executive Director, Commission on POST

FINANCE
A.Financial Report
The Chair of the Finance Committee will report on the results of the Finance Committee meeting held on Wednesday, October 23, 2014, in Burlingame, California.

STANDARDS, EVALUATIONS, AND RESEARCH BUREAU
B.Report on Changes to the Basic Courses Test Management and Security Protocols

As part of an ongoing process, the Basic Course Test Task Force reviews regulations and procedures related to the security of POST-supplied test material. This report covers revisions to the POST Basic Courses Test Management and Security Protocols, 2012.  The revisions add the ability for presenters to utilize a boot device for online testing to eliminate the need for dedicated computers, replace outdated Report Writing Test Videos with new videos, and outline provisions for videotaping a scenario retest session.  Additional revisions have been made for the purpose of clarity 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 August 1, 2014.  

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


TRAINING DELIVERY AND COMPLIANCE BUREAU
C.Report on Proposed Regulation Changes to Coroner Entry Level Training
Prior to being appointed a Coroner or Deputy Coroner pursuant to Penal Code 830.35(c) an individual must complete the 64 hour PC 832 Laws of Arrest and Firearms Training Course per Commission Regulation 1005(a)(4).  A recent survey of all Coroner and Sheriff-Coroner agencies in California determined not all individuals appointed in this capacity carry a firearm which is ultimately determined by the agency head.  As such, Commission Regulations 1005(a)(4) and 1011(a)(2)(A) need to be updated to reflect the appropriate mandated entry level training for the Coroner position. 

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 1005(a)(4) and Commission Regulations 1011(a)(2)(A) and 1011(a)(4)(c), as enumerated in this report.

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

TRAINING PROGRAM SERVICES BUREAU
D.Report on a Request to Contract for LEDS Instructor Update Training and Associated Manuals
At its October 2008 meeting, the Commission approved the recommendations from the Driver Training Study, Volume I to enhance driver training curriculum in the Regular Basic Course (RBC). 

This required a revision of the Law Enforcement Driving Simulators (LEDS) scenarios for both in-service and basic training needs.  During the use of the new scenarios a need was identified for additional instructor training to mitigate the effects of Simulator Adaption Syndrome (SAS), as well as the necessity to update the Driver Awareness Instructor Course Manual and the Emergency Vehicle Operations Course Instructor Manual.

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 present LEDS Instructor update training and to update the Driver Awareness Instructor Course Manual and the Emergency Vehicle Operations Course Instructor Manual in the amount not to exceed $61,150.   (ROLL CALL VOTE)

Finance Committee Discussion   [  ] Yes  [  ] No     Recommended Action [  ] Yes  [  ] No
Advisory Committee Discussion [  ] Yes  [  ] No   Recommended Action   [  ] Yes  [  ] No
E.Report on Request to Contract for Additional AICC Presentations
POST Regulation 1009 requires all basic academy instructors complete the Academy Instructor Certification Course (AICC) prior to teaching in the Regular Basic Course. With the increase of Regular Basic Courses being presented statewide there is currently a backlog of students requiring the AICC training. 

POST is requesting the Commission to authorize the Executive Director to enter into a contract with a qualified presenter to conduct additional courses in an amount not to exceed $145,998. 

The funding for this will come from a previously approved contract with the Oakland Police Department for critical thinking training.  This contract has recently been declined by Oakland Police Department due to higher priority for court-ordered training. 

If the Commission concurs, the appropriate action would be a MOTION to authorize the Executive Director to use the funds allocated for critical thinking training to enter into a contract with a qualified presenter to provide additional AICC courses in an amount not to exceed $145,998.  (ROLL CALL VOTE) 

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

COMMITTEE REPORTS
F.Advisory Committee
The Chair of the POST Advisory Committee will report on the results of the Advisory Committee meeting held on Wednesday, October 23, 2013, in Burlingame, California.
G.Legislative Review Committee
The Chair of the Legislative Review Committee will report on the results of the Legislative Review Committee meeting held on Thursday, October 24, 2013, in Burlingame, California.

CORRESPONDENCE
H.From POST to:
  • Bulletin to POST stakeholders, Executive Director Stresak announced Governor Jerry Brown has signed legislation, Senate Bill 514, recognizing Law Enforcement Joint Powers Agencies.
  • Shirley N. Weber, Assembly Member, announcing POST removal of opposition to Assembly Bill 979.
  • Edmund G. Brown, Jr., Governor, State of California, announcing POST is opposed to Assembly Bill 906 unless the bill is amended.
  • Paul C. Workman, Chief, Laguna Beach Police Department, expressing sympathy for the on duty death of Officer Jon Coutchie.
  • Richard W. Reed, Assistant Executive Director, Commission on POST, expressing appreciation for many years of services to POST and the law enforcement community, and congratulations on his retirement.

OLD BUSINESS
I.Report on Request for Approval of Nominations of Members to the Advisory Committee
Due to an inadvertent oversight, the nominations received by the Commission for appointment to the POST Advisory Committee were not acted upon during the June 27, 2013 meeting.  The nominations are resubmitted for review and action by the Commission at its October 24, 2013 meeting.   

If the Commission concurs, the appropriate action would be a MOTION (either individually or collectively) to approve the nominations and appoint the individuals identified in the agenda item to a three-year term as members of the Commission’s Advisory Committee.

NEW BUSINESS
J.Building a Career Pipeline to Meet Law Enforcement Recruitment and Community Challenges for the 21st Century

FUTURE COMMISSION DATES
K.Future Commission Dates
  • February 19-20, 2014 - Renaissance Long Beach Hotel, Long Beach
  • June 25-26, 2014 - Sheraton Universal Hotel, Universal City
  • October 22-23, 2014 - Hyatt Regency, Irvine

CLOSED SESSION
L.Closed 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:  

a)


b)


c)


d)

Knowledge and Intelligence Professional Programs v. Lukin et al; Second Appellate District, Case No. B234495.

Knowledge and Intelligence Professional Programs v. POST, Los Angeles Superior Court, Case # NC058217.

Orange County Employee Association v. County of Orange et al., Case # 30-2012-0581412.

Aaron Raiser v. City of Los Angels, et al., US District Court, Central District, Case # CIV13-02925.  

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)



b)

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.

Claims before the Equal Employment Opportunity Commission (EEOC)

i)


ii)


iii)

Department of Fair Employment and Housing, Charge # 65195-30829 (administrative charge of discrimination) – dismissed, no basis.

Department of Fair Employment and Housing, Charge # 53744-25560 (administrative charge of discrimination) – withdrawn.

EEOC, Charge # 846-2013-34422 (administrative charges of discrimination) – pending investigation.

c)

Matters Before the State Personnel Board (SPB):

i)


ii)

SPB Case # 13-0355 (Employee Appeal of Termination decision) and SPB Case # 13-0736W (Whistleblower) – cases consolidated.

M.E. v. CHP/SPB et al., SPB Case # 112040-NA.

d)

Matters before the Victim’s Compensation and Government Claim Board:

 i)

ii)

Martin: Government contract claim – approved for payment/payment made.  

Evans: Wrongful termination - yet to be heard by VCGCB.

ADJOURNMENT

POST COMMISSION MEETING
Embassy Suites - San Francisco Waterfront, Burlingame
150 Anza Boulevard, Burlingame, CA 94010; (650) 342-4600

October 24 2013
AGENDA
10:00 AM

                              

CALL TO ORDER AND WELCOME

COLOR GUARD AND FLAG SALUTE
The Honor Guard will be provided by the San Mateo County Sheriff's 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 Jon Coutchie, Laguna Beach 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
Chief Edward Wood, Burlingame 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.

APPROVAL OF MINUTES(A)
A.      Approval of the Action Summary and minutes of the previous Commission meeting.
•Action Summary - June 27, 2013
•Action Summary - July 16, 2013
•Meeting Minutes - June 27, 2013
•Meeting Minutes - July 16, 2013

CONSENTB.
B.      Consent Items
1.Report on First Quarter FY 2013-14 Course Certifications
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 Strategic Plan.

Of the 13 objectives, staff reports that:

   12 Are in progress (being researched and/or implemented) 
     1 On hold
     0 Recommended for deletion
   13 Total

There are no objectives recommended for deletion at this time.

In approving the Consent Calendar, the Commission accepts the progress report and approves the recommendations of staff concerning the Strategic Plan.
3.Report on Agency Requesting Entry Into The POST Reimbursable Program Public Safety Dispatcher Program
The Shasta County Marshal's Office - Public Safety Dispatchers is requesting entry into the POST Reimbursable Public Safety Dispatchers Program.
4.Report on Status of Regular Basic Course Student e-Workbooks
POST staff have developed a prototype iPad-based electronic workbook ("e-Workbook") which is ready for pilot testing by selected academies.  Plans are underway to convert the remaining Student Workbooks to the e-book format.

This report is presented for information only.  No action is required.
5.Report on the Status of the Model Respiratory Program for Law Enforcement

At the February 2012 Commission meeting, staff presented a report on the update to the Model Respiratory Program for Law Enforcement that was developed in 2004 to address Cal OSHA requirements and enforcement of CCR Title 8 – Section 5144.  The 2004 guidelines needed to be updated to reflect the changes in the Regulation that directs agencies on maintenance and replacement of respiratory protection masks provided to their employees.

POST staff met with Cal OSHA and appropriate stakeholders to complete the revision of the guidelines.  The revised document is being prepared for publication.

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

6.Report on SPO B.3.04, Regarding the Provision of Driver Training and Force Options Simulators to the Regional Skills Training Centers
Staff, stakeholders, and representatives of the Department of General Services (DGS) Procurement Division finalized specifications for the new Force Options Simulator (FOS) that meet the needs of the POST Regional Skills Training Centers (RSTCs).  The Invitation to Bid was published on March 14, responses to questions from potential bidders clarifying the intent and content of the IFB were posted, and bids were received and reviewed by DGS Procurement Division for the lowest responsive and responsible bidder meeting all administrative and technical requirements for the solicitation.

The final Notice of Intent to Award was posted on May 28.  After two unsuccessful protests were reviewed by DGS, the Contract Execution of Purchase Order was executed on July 12, 2013.  IES Interactive Training in Ann Arbor, Michigan was awarded the contract to provide twenty-four (24) fixed installations and six (6) portable Law Enforcement Force Option Training Simulator Systems to the RSTCs.  On August 14, staff and and the subject matter experts involved in the development of the solicitation attended a pre-award demonstration of both the permanently installed (fixed) system and a portable MILO Range system to ensure the equipment meets all the requirements of the solicitation.  Staff recommended approval of the award.

Delivery of the new Force Options systems began in September and should be completed in January 2014.  The delivery, installation and setup of the equipment at each site will take one day, followed by a full day of train-the-trainer instruction for the RSTC instructors.

This report is presented for information only.  No action is required.
7.Report on SAFE Driving Campaign

SAFE Driving Campaign members are meeting November 19 – 20, 2013 in San Diego.  They will receive an in-depth briefing on the Research Team’s findings that are being presented to the Commission during its October meeting.  The November meeting will also serve as the kick-off for the SAFE Driving Pledge, designed as an educational tool for organizations to reinforce their commitment to safe driving practices.

The SAFE Driving News Alert continues to be an effective tool in communicating the SAFE Driving message and has reached almost 2,200 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.  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. 

8.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 five 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 Regulation pertaining to instructor-led course certification and self-paced course certification.  This will be followed by a review of the reimbursement plans and  Commission Procedure E 2-2. 

This report is presented for information only.  No action is required.
9.Report on the Status to Implement Commission Direction Related to Training Presented by the California Association of Tactical Trainers, formally 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.  ITR has changed the organization’s name to the California Association of Tactical Trainers (CATT) and will be referred to by this new name in subsequent Commission reports.

This report is presented for information only. No action is required.
10.Report on Status of POST Testing System Procurement
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 Testing System (PTS) requirements focus on technical security, enhanced access controls, functionality for new test question formats, and Training and Testing Specifications (TTS).

This report is presented for information only.  No action is required.
11.Report to Address Revenue Shortfall in FY 2014-15
At the June 26, 2013 Finance Committee meeting, and the July 16, 2013 (teleconference) Commission meeting, staff briefed the Commission on the possibility of a $5 million budget shortfall at the end of FY 2014-15.  Due to continuing low revenues and a greater than expected number of reimbursable trainees in FY 2012-13, the deficit is now projected to be $7.8 million.

Department of Finance (DOF) projects that POST revenues from the State Penalty Assessment Fund to the Peace Officer Training Fund (POTF) will remain relatively flat from FY 2011-12 through FY 2016-17. 

Since the July meeting, staff has worked with DOF staff to identify cost cutting measures that will result in POST ending the FY 2014-15 with a modest reserve. 

This agenda item identifies spending reductions that will begin January 1, 2014 and continue through at least June 30, 2015.  Because DOF needed POST’s action plan prior to the October meeting, this item is presented on the Consent calendar. 

While no action is needed by the Commission, future adjustments to the plan are subject to discussion and direction from the Commission.
12.Report on Efforts to Update the POST Strategic Plan
At the February 2013 Commission meeting, the Commission authorized the Executive Director to enter into a contract with an entity to facilitate an update of the POST Strategic Plan in an amount not to exceed $132,250.  The California State University Sacramento Center for Collaborative Policy (CCP) has been identified to assist POST and provide this service.  This item details the progress to date.

This report is presented for information only.  No action is required.
13.Report on SAFE Driving Research Team Findings
This is an informational report on the status of SAFE Driving Research.  The SAFE Driving Campaign developed over time from an internal POST staff discussion in November 2007, to a successful, internationally-recognized multi-stakeholder effort today.  Research—systematic inquiry—has been a key component of the Campaign’s goal to reduce career-ending and fatal law enforcement traffic collisions.  Several research studies funded by POST and other entities have identified meaningful findings for the law enforcement community.  This report provides an overview of the latest findings and details about dissemination plans.

This report is presented for information only.  No action is required.
14.Report on Entry-Level Dispatcher Test Delivery
POST has delivered the Entry-Level Dispatcher Test via contract with Cooperative Personnel Services (CPS) for approximately 17 years.  Due to increased scrutiny with regard to enforcement of Government Code Section 19130 and Department of General Services' (DGS) interpretation of CPS's authority pursuant to its JPA, the most recent request to renew a contract with CPS was denied by DGS in April.  Since then, staff has sought alternative means of producing and delivering the test with reasonable cost controls and dependable test security.  This has proven to be a significant challenge.

Due to continued obstacles with contract options and increasingly urgent need for the test expressed by the field, staff identified an alternative delivery method similar to that currently employed for delivery of the POST Entry-Level Law Enforcement Test Battery (PELLETB).  This alternative delivery method is intended as a temporary measure to alleviate the backlog of orders for the Entry-Level Dispatcher Test while staff continues to pursue a long term solution.

This item is presented for information only.  No action is required.
15.Resolution
  • Ron Cottingham
16.Letter of Appreciation
  • Richard W. Reed, Assistant Executive Director, Commission on POST

FINANCE
A.Financial Report
The Chair of the Finance Committee will report on the results of the Finance Committee meeting held on Wednesday, October 23, 2014, in Burlingame, California.

STANDARDS, EVALUATIONS, AND RESEARCH BUREAU
B.Report on Changes to the Basic Courses Test Management and Security Protocols

As part of an ongoing process, the Basic Course Test Task Force reviews regulations and procedures related to the security of POST-supplied test material. This report covers revisions to the POST Basic Courses Test Management and Security Protocols, 2012.  The revisions add the ability for presenters to utilize a boot device for online testing to eliminate the need for dedicated computers, replace outdated Report Writing Test Videos with new videos, and outline provisions for videotaping a scenario retest session.  Additional revisions have been made for the purpose of clarity 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 August 1, 2014.  

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


TRAINING DELIVERY AND COMPLIANCE BUREAU
C.Report on Proposed Regulation Changes to Coroner Entry Level Training
Prior to being appointed a Coroner or Deputy Coroner pursuant to Penal Code 830.35(c) an individual must complete the 64 hour PC 832 Laws of Arrest and Firearms Training Course per Commission Regulation 1005(a)(4).  A recent survey of all Coroner and Sheriff-Coroner agencies in California determined not all individuals appointed in this capacity carry a firearm which is ultimately determined by the agency head.  As such, Commission Regulations 1005(a)(4) and 1011(a)(2)(A) need to be updated to reflect the appropriate mandated entry level training for the Coroner position. 

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 1005(a)(4) and Commission Regulations 1011(a)(2)(A) and 1011(a)(4)(c), as enumerated in this report.

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

TRAINING PROGRAM SERVICES BUREAU
D.Report on a Request to Contract for LEDS Instructor Update Training and Associated Manuals
At its October 2008 meeting, the Commission approved the recommendations from the Driver Training Study, Volume I to enhance driver training curriculum in the Regular Basic Course (RBC). 

This required a revision of the Law Enforcement Driving Simulators (LEDS) scenarios for both in-service and basic training needs.  During the use of the new scenarios a need was identified for additional instructor training to mitigate the effects of Simulator Adaption Syndrome (SAS), as well as the necessity to update the Driver Awareness Instructor Course Manual and the Emergency Vehicle Operations Course Instructor Manual.

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 present LEDS Instructor update training and to update the Driver Awareness Instructor Course Manual and the Emergency Vehicle Operations Course Instructor Manual in the amount not to exceed $61,150.   (ROLL CALL VOTE)

Finance Committee Discussion   [  ] Yes  [  ] No     Recommended Action [  ] Yes  [  ] No
Advisory Committee Discussion [  ] Yes  [  ] No   Recommended Action   [  ] Yes  [  ] No
E.Report on Request to Contract for Additional AICC Presentations
POST Regulation 1009 requires all basic academy instructors complete the Academy Instructor Certification Course (AICC) prior to teaching in the Regular Basic Course. With the increase of Regular Basic Courses being presented statewide there is currently a backlog of students requiring the AICC training. 

POST is requesting the Commission to authorize the Executive Director to enter into a contract with a qualified presenter to conduct additional courses in an amount not to exceed $145,998. 

The funding for this will come from a previously approved contract with the Oakland Police Department for critical thinking training.  This contract has recently been declined by Oakland Police Department due to higher priority for court-ordered training. 

If the Commission concurs, the appropriate action would be a MOTION to authorize the Executive Director to use the funds allocated for critical thinking training to enter into a contract with a qualified presenter to provide additional AICC courses in an amount not to exceed $145,998.  (ROLL CALL VOTE) 

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

COMMITTEE REPORTS
F.Advisory Committee
The Chair of the POST Advisory Committee will report on the results of the Advisory Committee meeting held on Wednesday, October 23, 2013, in Burlingame, California.
G.Legislative Review Committee
The Chair of the Legislative Review Committee will report on the results of the Legislative Review Committee meeting held on Thursday, October 24, 2013, in Burlingame, California.

CORRESPONDENCE
H.From POST to:
  • Bulletin to POST stakeholders, Executive Director Stresak announced Governor Jerry Brown has signed legislation, Senate Bill 514, recognizing Law Enforcement Joint Powers Agencies.
  • Shirley N. Weber, Assembly Member, announcing POST removal of opposition to Assembly Bill 979.
  • Edmund G. Brown, Jr., Governor, State of California, announcing POST is opposed to Assembly Bill 906 unless the bill is amended.
  • Paul C. Workman, Chief, Laguna Beach Police Department, expressing sympathy for the on duty death of Officer Jon Coutchie.
  • Richard W. Reed, Assistant Executive Director, Commission on POST, expressing appreciation for many years of services to POST and the law enforcement community, and congratulations on his retirement.

OLD BUSINESS
I.Report on Request for Approval of Nominations of Members to the Advisory Committee
Due to an inadvertent oversight, the nominations received by the Commission for appointment to the POST Advisory Committee were not acted upon during the June 27, 2013 meeting.  The nominations are resubmitted for review and action by the Commission at its October 24, 2013 meeting.   

If the Commission concurs, the appropriate action would be a MOTION (either individually or collectively) to approve the nominations and appoint the individuals identified in the agenda item to a three-year term as members of the Commission’s Advisory Committee.

NEW BUSINESS
J.Building a Career Pipeline to Meet Law Enforcement Recruitment and Community Challenges for the 21st Century

FUTURE COMMISSION DATES
K.Future Commission Dates
  • February 19-20, 2014 - Renaissance Long Beach Hotel, Long Beach
  • June 25-26, 2014 - Sheraton Universal Hotel, Universal City
  • October 22-23, 2014 - Hyatt Regency, Irvine

CLOSED SESSION
L.Closed 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:  

a)


b)


c)


d)

Knowledge and Intelligence Professional Programs v. Lukin et al; Second Appellate District, Case No. B234495.

Knowledge and Intelligence Professional Programs v. POST, Los Angeles Superior Court, Case # NC058217.

Orange County Employee Association v. County of Orange et al., Case # 30-2012-0581412.

Aaron Raiser v. City of Los Angels, et al., US District Court, Central District, Case # CIV13-02925.  

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)



b)

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.

Claims before the Equal Employment Opportunity Commission (EEOC)

i)


ii)


iii)

Department of Fair Employment and Housing, Charge # 65195-30829 (administrative charge of discrimination) – dismissed, no basis.

Department of Fair Employment and Housing, Charge # 53744-25560 (administrative charge of discrimination) – withdrawn.

EEOC, Charge # 846-2013-34422 (administrative charges of discrimination) – pending investigation.

c)

Matters Before the State Personnel Board (SPB):

i)


ii)

SPB Case # 13-0355 (Employee Appeal of Termination decision) and SPB Case # 13-0736W (Whistleblower) – cases consolidated.

M.E. v. CHP/SPB et al., SPB Case # 112040-NA.

d)

Matters before the Victim’s Compensation and Government Claim Board:

 i)

ii)

Martin: Government contract claim – approved for payment/payment made.  

Evans: Wrongful termination - yet to be heard by VCGCB.

ADJOURNMENT