POST COMMISSION MEETING
Pacific Palms Resort
One Industry Hills Parkway, City of Industry, CA 91744

October 23, 2014
AGENDA
10:00 AM

                                       


CALL TO ORDER AND WELCOME

COLOR GUARD AND FLAG SALUTE
The Color Guard will be provided by the Covina Police Department

MOMENT OF SILENCE HONORING THE OFFICERS WHO LOST THEIR LIVES IN THE LINE OF DUTY SINCE THE LAST MEETING
The following officers died in the line of duty since the last meeting:
  • Officer Jordan Corder, Covina 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 Kimber Raney, Covina Police Department will provide opening remarks.

AWARDS PRESENTATIONS
Awards Presentations
  • The 2013 POST Excellence in Training Awards will be presented to the recipients.

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 - June 26, 2014
Meeting Minutes - June 26, 2014

CONSENT
B.Consent Items
1.Report on First Quarter FY 2014-15 Course Certification

This item reflects a status report of training courses that have been certified, decertified or modified during the First Quarter of FY 2014-15.  It also reflects the total number of certified courses and presenters of courses.

This report is presented for information only.  No action is required.
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 Committee at each regular meeting to summarize the progress in researching and implementing the Strategic Plan.

Of the 12 objectives, staff reports that:

    11    Are in progress (being researched and/or implemented)
      1    On hold
      0    Recommended for deletion
    12    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 Proposed Regulation Changes to Peace Officer First Aid Training

The California Emergency Medical Services Authority (EMSA) establishes first aid/CPR training standards for public safety personnel pursuant to the Health and Safety Code.  In early 2014, EMSA proposed changes to its regulations that increases the level of first aid/CPR training and authorized skills for peace officers.  The regulations will affect the Basic Course (Learning Domain 34) and in-service training.

POST initiated a dialogue with EMSA to address concerns regarding the effect of the proposed regulations.  Basic Training Bureau (BTB) staff facilitated two informational meetings with statewide stakeholders, including personnel from a variety of public safety disciplines, EMSA, and major law enforcement professional associations to assess implications of the regulation changes.  The meetings were productive.  EMSA and POST will collaborate in the development of the curriculum based on the new regulations.

On September 17, the EMSA Commission approved the revised first aid/CPR regulations.  And if approved by the Office of Administrative Law (OAL), will go into effect on January 1, 2015.  The proposed regulations allow for a 24-month implementation period for POST to revise its curricula, develop revised instructor requirements, change related Commission regulations and for agencies to implement the training requirements.  

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

4.Report on Computer Services Bureau Technology Projects and Strategies
This item updates the Commission on POST’s recent improvements in technology use to better serve law enforcement agencies in the POST program.  It also provides a long-term roadmap of goals for technology use.  This item serves as a status report and is a follow-up to the February 2013 agenda item of the same subject.

This report is presented for information only.  No action is required.
5.Report on Pilot Program to Reimburse Modular Basic Academies

POST has implemented a pilot project to extend reimbursement to agency-sponsored students in the Modular Basic Course, commensurate with Commission Procedure E.  The proposed reimbursement rates will be equitably distributed between the various modules to reflect a distribution totaling the rate for the completed Regular Basic Course (RBC).  Staff has taken this initiative to assist stakeholders (agencies, presenters, and prospective students), to increase and diversify the candidate pool, and to provide highly qualified law-enforcement candidates to law enforcement agencies.

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

6.Report on the Implementation of the Electronic Data Interchange Professional Certificate Application Program
The POST Professional Certificate Program was introduced in 1964; the process requires applicants to submit a paper application and attachments to support their eligibility (e.g., official college transcripts, certificates of completion for required POST training, etc.).  This is a time consuming, costly and cumbersome process.

The Electronic Professional Certificate Application Program will allow the applicant to complete the application online, scan and upload all supporting documentation, and submit to POST.  After the application package is submitted to POST, the sender will receive an auto-generated email confirming receipt of the application.   

POST Certificate Unit Staff will continue to review and score the applications and determine eligibility.  If the applicant meets the requirements, staff prints and mails the Certificate(s) and the individual peace officer profile(s) is automatically updated.

This report is presented for information only.  No action is required.
7.Report on the Status to Implement Commission Direction Related to Training Presented by the California Association of Tactical Trainers, Formerly 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.  In keeping with the component of the direction to return sedentary courses to active status; four courses have been certified and four more are under review.   ITR changed the organization’s name to the California Association of Tactical Trainers (CATT) which has been used in all subsequent Commission reports.

This report is presented for information only.  No action is required.
8.Report on Mental Health Training for Law Enforcement

In recent years, encounters by law enforcement with persons experiencing mental illness or developmental disabilities have been more closely scrutinized by the public.  Inquiries from the Legislature related to training of peace officers to handle encounters with persons with mental illness have increased.  While most contacts have been handled without incident, some have become high profile incidents due to mass murders, other acts of violence and/or officer involved use of force.  The Legislature has begun to examine ways to improve law enforcement training as a means to reduce or prevent these encounters. 

From 2011 to 2013, there has been a 33 percent increase in the number of law enforcement personnel attending POST-certified courses that provide training in the areas of mental illness, crisis intervention and persons with developmental disabilities.  There are currently 24 POST-certified Plan IV courses related to mental illness.  However, reimbursement for these courses was discontinued as part of an 18-month Budget Expenditure Reduction Plan that began January 1, 2014 and extending through June 30, 2015. The reduction plan was implemented due to a February 2013 report by the Department of Finance (DOF) that a 5-year decline in revenues to the Peace Officer Training Fund (POTF) was exhausting POST’s reserve account to the point that, if left unchecked, would result in a deficit by the end of FY 2014-15. 


On June 15, 2014, the Legislature approved a one time allocation from the state’s General Fund of $3.2 million to be allocated for reimbursement to local agencies for Fiscal Year 2014 -15 pursuant to Penal Code Section 13523.

On June 26, 2014, the Commission took action to approve using these funds to reinstate reimbursement for all Plan IV courses relating to mental illness, crisis intervention, persons with disabilities and autism training. 

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

9.Report on the Peace Officer Job Analysis Project
In September 2012, POST began a project to update the entry-level peace officer job analysis. The purpose of the job analysis is to identify the tasks, skills, abilities, and traits which are critical to successful job performance as a peace officer. Results of the job analysis will be used to validate the content of training and testing in the Basic Course (including the Work Sample Test Battery and skills testing) and guide the update of the POST Entry-Level Law Enforcement Test Battery (PELLETB) and other POST projects (e.g., physical ability testing).

This report is presented for information only.  No action is required.
10.Certificate Of Appreciation
  • Joe Flanagan, Lieutenant (ret.), Alhambra Police Department
  • Anthony Munoz, Lieutenant, Alameda Police Department

FINANCE COMMITTEE

EXECUTIVE OFFICE
C.Report on Request for Approval of Participants for the Strategic Planning Workshop

In November 2013 POST staff began working with the California State University Sacramento Center for Collaborative Policy (CCP) to update the Strategic Plan.  Internal and external interviews and surveys have been completed and the validation of the Assessment Summary document has taken place. 

The Strategic Planning workshop is scheduled in November to develop the actual goals and objectives.  Staff must identify external participants who represent all stakeholders served by POST to participate in this workshop.

This item seeks the approval of the Commission for all members of the Advisory Committee to participate as representatives of their associations and agencies, and for the Commission Chair to designate representatives from the Commission. 

If the Commission concurs, the appropriate action would be a MOTION to approve the Advisory Committee, and designated Commission members to participate in the Strategic Planning workshop.

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


MANAGEMENT COUNSELING, LEADERSHIP DEVELOPMENT BUREAU
D.Report on Request to Augment the Strategic Plan Inter-Agency Agreement
In February 2013, the Commission authorized the Executive Director to enter into an inter-agency agreement with a qualified governmental entity for the update of the POST Strategic Plan in an amount not to exceed $100,990.  In working with California State University Sacramento Center for Collaborative Policy (CCP), the selected vendor, the POST Strategic Plan Design team determined additional work must take place to optimize the plan and provide vital information for future decisions of the organization.

Staff is requesting the Commission authorize the Executive Director to augment the Strategic Plan Update inter-agency agreement with CCP in an amount not to exceed $42,000. 

If the Commission concurs, the appropriate action would be a MOTION to approve and authorize the Executive Director to augment the inter-agency agreement with CCP for completion of the update of the POST Strategic Plan by an amount not to exceed $42,000. (ROLL CALL VOTE)

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

STANDARDS, EVALUATIONS, AND RESEARCH BUREAU
E.Report on a Request for the Development and Administration of Fee-based Continuing Education Courses for Peace Officer Screening Psychologists
Commission Regulation 1955 stipulates the procedural requirements for peace officer psychological evaluations as mandated by California Government Code 1031(f).  The recently published POST Peace Officer Psychological Screening Manual provides guidance to assist screening psychologists and agencies in the conduct of these evaluations consistent with POST regulations and other relevant federal and state requirements.  To this end, and in support of Commission Regulation 1955(b) requiring evaluators to take a minimum number of POST-approved continuing professional education hours, two courses are being planned for development and administration by POST.  Course costs will be passed on to the participants, as is consistent with the vast majority of continuing education courses certified by an accrediting body approved by the California Psychological Association. 

If the Commission concurs, the appropriate action would be a MOTION to approve the development and administration of fee-based continuing education courses 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
F.Report on Proposed Changes to Regulation 1009 to add the Academy Instructor Certification Course Recertification

POST Regulation 1009 outlines the requirements for triennial re-certification of the Academy Instructor Certificate Program (AICP).  Completion of the Academy Instructor Certification Course (AICC) and continued adherence with the related regulation is required of instructors teaching in the Regular Basic Course.

Prior to January 1, 2014 all instructors had a grace period and/or had just completed the AICC within the triennial period.  January 1, 2014 was the first time instructors could fall out of compliance with the AICP regulation. Regulation 1009 currently does not provide for a method for instructors who did not complete the re-certification requirement to come back into compliance with regulation.  An amendment to Regulation 1009 will provide a process for instructors who are out of compliance with the AICP requirements to re-qualify.  

If the Commission concurs, the appropriate action would be a MOTION to approve the changes to Regulation 1009 as described in the staff report. If no one requests a public hearing, the changes will become effective April 1, 2015.

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

COMMITTEE REPORTS
G.Advisory Committee
The Chair of the POST Advisory Committee will report on the results of the Advisory Committee meeting held on Wednesday, October 22, 2014, in City of Industry, California.
H.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 23, 2014, in City of Industry, California.

CORRESPONDENCE
I.The Following is Correspondence Send From POST and To POST:
From POST to:
  • Kimber Raney, Chief, Covina Police Department, expressing sympathy over the tragic on-duty death of Officer Jordan Corder.

To POST from:

  • Joe Flanagan, Alhambra Police Department (retired), Commission Advisory Committee Member, announcing his resignation as the PORAC representative on the Commission Advisory Committee.
  • Mike Durant, President, PORAC, announcing the appointment of Sergeant Marcelo Blanco, Upland Police Department, as the PORAC representative on the Commission Advisory Committee.

OLD BUSINESS
J.There are no Old Business items at this time.

NEW BUSINESS
K.Nomination of Replacement for Advisory Committee Member
Detective Sergeant Joe Flannagan, Alhambra Police Department who represented the Peace Officers Research Association of California (PORAC) on the POST Advisory Committee has resigned.  PORAC President Mike Durant recommended that Sergeant Marcelo Blanco of the Upland Police Department act as the PORAC replacement appointee on the POST Advisory Committee.

If the Commission concurs, the appropriate action would be a MOTION to approve Sergeant Marcelo Blanco as the PORAC replacement appointee, on the POST Advisory Committee.

FUTURE COMMISSION DATES
L.Upcoming Commission meetings will be held:
  • February 18 - 19, 2015 - Wyndham Anaheim/Garden Grove
  • June 24 - 25, 2015 - Sheraton Universal Hotel, Universal City
  • October 21 - 22, 2015 - Double Tree Mission Valley, San Diego

CLOSED SESSION
M.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.
a)   Orange County Employee Association v. County of Orange et al., Case #30-2012-0581412.
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 litigation, or 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 Department of Fair Employment & Housing (DFEH):             
i)   DFEH, Charge #145651-61953-R (administrative charges of discrimination), dual filing with the Equal Employment Opportunity Commission, EEOC Charge 37A-2014-03208-C.    
b)  Matters Before the State Personnel Board (SPB):
i)    SPB Case #13-0355 (Employee Appeal of Termination decision) and SPB Case #13-0736W (Whistleblower.)
c)  Matters before the Department of Industrial Relations (DIR):
i)  DIR Case #32909 (Whistleblower.)
ii)  DIR Case #  08-73707 CM (Notice of Claim and Conference regarding wages.)

ADJOURNMENT
Minutes have not been generated.