NovusAGENDA

	POST COMMISSION MEETING Renaissance Long Beach Hotel 111 East Ocean Blvd., Long Beach, CA 90802 February 20, 2014 AGENDA 10:00 AM


CALL TO ORDER AND WELCOME


COLOR GUARD AND FLAG SALUTE


The Color Guard will be provided by the Long Beach Police Department.


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


The following officers died in the line of duty since the last meeting:
	Sergeant Tom Smith, BART Police Department Officer Juan Gonzales, California Highway Patrol Officer Brian Law, California Highway Patrol


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 Jim McDonnell, Long Beach Police Department will provide opeing 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.	Approval of the Action Summary and Minutes of the previous Commission meeting


	•	Action Summary - October 24, 2013
	•	Meeting Minutes - October 24, 2013


CONSENT


B.	Consent Items

Report on Second Quarter FY 2013-14 Course Certification

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

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 is an informational item that describes the progress to date.

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

Report on Request for Mendocino County Health and Human Services Agency to Enter the POST Non-Reimbursable Program

The Mendocino County Health and Human Services Agency is seeking entry into the POST Non-Reimbursable Regular Program.

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 Committee at each regular meeting to summarize the progress in researching and implementing the Strategic Plan.

Of the 13 objectives, staff reports that:

11	Are in progress (being researched and /or implemented)
1	On Hold
1	Recommended for deletion
13	Total

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

Report on SPO C.9.08, Study the Feasibility of Creating a FTO/PTO type Program and Workbook for New First-Line Supervisors

Strategic Plan Objective C.9.08 proposed a study of the feasibility of creating an FTO/PTO-type program and workbook for new first-line supervisors.

POST staff surveyed law enforcement department heads throughout California to capture their perspectives on the need for a field training program for new first-line supervisors.

Overall, responses indicated they did not support a formalized training program; however, they requested POST prepare and provide training resources for new and acting supervisors to be made available online. POST has created these resources to meet this training request.

In approving the Consent Calendar, the Commission is approving the staff recommendation to delete Strategic Plan Objective C.9.08 as completed.

Report on Efforts to Address POST Facility Needs

POST Headquarters has been located at 1601 Alhambra Blvd. in Sacramento for 30 years. The current facility is a historic Cannery built between 1912 and 1918. Over the years, the building has undergone major remodeling to comply with current building standards and POST's needs. POST staff comprises 8 bureaus and is divided on two floors. Due to building limitations there is no contiguous flow causing a lack of functional cohesion among work groups. The main elevator is a continual safety concern as is it regularly inoperative. The current facility no longer serves the needs of staff and the vision of the Executive Director. The Department of General Services is currently leading negotiations to locate a more contemporary facility to serve POST's needs.

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

Report on Status of Public Safety Realignment Project

On November 12, 2013, POST met with the leadership of statewide law enforcement associations and other selected agencies to obtain input regarding Public Safety Realignment. The purpose of this meeting was to conduct a training needs assessment pertaining to the core realignment issues for local agencies, and to ascertain how POST can best utilize resources to support California law enforcement.

Specific training topics were identified that would prove advantageous at all ranks of law enforcement personnel. POST staff will develop a training video to make this training available to all agencies.

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

Report on the Merger of the Management Counseling Services Bureau and the Center for Leadership Development Bureau

The Management Counseling Services Bureau (MCSB) and the Center for Leadership Development (CLD) have functioned as separate bureaus for several years.

The resignation of the CLD Bureau Chief provided POST staff an opportunity to analyze the functions of both bureaus, and concluded that a merger would be advantageous to the operation of both CLD and MCSB, and provide an opportunity to better serve the field.

The Bureau is renamed Management Counseling/Leadership Bureau (MCLB).

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

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 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.


FINANCE COMMITTEE


BASIC TRAINING BUREAU


C.	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: LD 28, Traffic Enforcement 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
D.	Report on Proposed Changes to the Training and Testing Requirements for the Investigation and Trial Preparation Course
	As part of an ongoing review of the Investigation and Trial Preparation Course, POST staff and curriculum consultants (subject matter experts) thoroughly review Learning Domain (LD) content to determine if revisions are necessary. The Specifications for the Investigation and Trial Preparation Course have been revised and updated to reflect emerging training needs, contemporary enforcement protocol, changes in law, changes in investigative technology, and to improve student learning and evaluation. The proposed changes affect all Learning Domains in the course, and are described in the Analysis Section of this report If the Commission concurs, the appropriate action would be a MOTION to approve the changes to training and testing requirements of the Investigation and Trial Preparation Course 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
E.	Report on Revision of Commission Regulation 1082 in Relation to the Driver Training Instructor Courses
	This is a report on revisions to Commission Regulation 1082. As part of an ongoing process, staff reviews regulations and procedures relating to basic courses to determine if revisions are necessary. The regulations have been updated to add the hours and prerequisite information to the driver training courses. 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


EXECUTIVE OFFICE


F.	Report on Proposed Legislation to Exempt POST from the Provisions of Government Code 19132
	Staff proposes that Legislation to amend Government Code section 19132 and Penal Code section 13503 to exempt POST's personal services contracts from the provisions described in Government Code section 19132 be pursued. The changes recently made to Government Code section 19132 have substantially delayed the ability of staff to deliver critical law enforcement training statewide. If the Commission concurs, the appropriate action would be a MOTION to authorize the Executive Director to pursue legislation to amend Government Code section 19132 and Penal Code section 13503, to exempt the Commission from the provisions of Government Code section 19132, as it relates to the use of personal services contracts necessary to provide training and other services to law enforcement. Finance Committee Discussion [ ] Yes [ ] No Recommended Action [ ] Yes [ ] No Advisory Committee Discussion [ ] Yes [ ] No Recommended Action [ ] Yes [ ] No


TRAINING PROGRAM SERVICES BUREAU


G.	Report on Proposed Amendments to Regulation 1001, 1057, 1058, and Addition of Procedure D-16
	POST Regulation 1057 and 1058 describe the provisions for decertifying a training course and the appeals process for refusal of course certification and decertification. The proposed amendments clarify the process and gives explicit authority to staff to suspend or decertify a certified training course. The amendments also clarify the appeal process to the Executive Director and to the Commission. POST Regulation 1001 would be amended to provide definitions of suspension and decertification. POST Procedure D-16 would be created to describe the Commission appeal process for the above described actions. If the Commission concurs, the appropriate action would be a MOTION to approve the changes described in the staff report, subject to the Notice of Proposed Regulatory Action process. If no one requests a public hearing, the changes will become effective January 1, 2015. Finance Committee Discussion [ ] Yes [ ] No Recommended Action [ ] Yes [ ] No Advisory Committee Discussion [ ] Yes [ ] No Recommended Action [ ] Yes [ ] No


COMMITTEE REPORTS


H.	Advisory Committee
	The Chair of the POST Advisory Committee will report on the results of the Advisory Committee meeting held on Wednesday, February 19, 2014, in Long Beach, California.
I.	Legislative Review Committee
	The Chair of the Legislative Review Committee will report on the results of the Legislative Review Committee meeting held on Thursday, February 20, 2014, in Long Beach, California.


CORRESPONDENCE


J.	From POST to and To POST from:
	From POST to: Kenton Rainey, Chief, BART Police Department, expressing deepest sympathy over the tragic on-duty death of Sergeant Tom Smith.


OLD BUSINESS


K.	Old Business
	There are no items of Old Business at this time.


NEW BUSINESS


L.	New Business
	There are no New Business items to discuss at this time.


FUTURE COMMISSION DATES


M.	Future Commission Dates
June 25-26, 2014 - Sheraton Universal Hotel, Universal City October 22-23, 2014 - Hotel Irvine - Jamboree Center, Irvine


CLOSED SESSION

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.
iii) Orange County Employee Association v. County of Orange et al., Case #30-2012-0581412. Motion to dismiss POST from case granted on February 4, 2014 with 20 days leave to amend.
iv) Aaron Raiser v. City of Los Angeles, et al., US District Court, Central District, Case #CIV13-0295. Motion to dismiss POST from case granted on January 7, 2014 – with 30 days leave to amend.

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)   Claims before the Equal Employment Opportunity Commission (EEOC):

i)   EEOC, Charge # 846-2013-34422 (administrative charges of discrimination) – Dismissed on January 16, 2014.

b)    Matters Before the State Personnel Board (SPB):

i)    SPB Case # 13-0355 (Employee Appeal of Termination decision) and SPB Case # 13-0736W (Whistleblower) – cases consolidated. Pending Administrative Law Judge decision and SPB review.

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

i)    Evans: Wrongful termination – rejected by VCGCB on November 21, 2013.
ii)   Cooperative Personnel Services – contract claim for $104,659.86. POST has recommended allowing this claim pending final determination by VCGCB.


ADJOURNMENT

Minutes have not been generated.