POST COMMISSION MEETING
Sheraton Universal Hotel
333 Universal Hollywood Drive Universal City, CA 91608

June 25, 2015
AGENDA
10:00 AM

                                       


CALL TO ORDER AND WELCOME

COLOR GUARD AND FLAG SALUTE
The Color Guard will be provided by the Los Angeles 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 Michael Johnson, San Jose 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
Michael Durant, President, Peace Officers Research Association of California (PORAC) will provide opening remarks.

AWARDS PRESENTATIONS
Awards Presentations
  • The 2014 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 ACTION SUMMARY AND MINUTES
A.Approval of the Action Summary and Minutes of the previous Commission meeting
Action Summary - February 19, 2015
Meeting Minutes - February 19, 2015
If the Commission concurs, the appropriate action would be a MOTION to approve the Action Summary and Meeting Minutes from the last Commission meeting.

CONSENT
B.Consent Items
1.Report on Third Quarter FY 2014-15 Course Certification
This item reflects a status report of training courses that have been certified, decertified or modified during the Third Quarter of FY 2014-15.  It also reflects the total number of certified courses and presenters of courses.

This report is provided 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:

    8    Are in progress (being researched and/or implemented) 
    2  Postpone (until next fiscal year)
    1  On hold
    1  Recommended for deletion
  12  Total

One objective is recommended for deletion:
  • Strategic Plan Objective D.4.10 Study the feasibility of reorganizing POST of the needs of law enforcement and the future vision of the organization.

Reason:  This objective has been completed.  Staff anticipates making full recommendations to the Commission at it's June 2015 meeting.

Recommendation:  Delete as completed.

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

3.Report on New Agency Admission to the POST Program
The San Bernardino Community College District Police Department is seeking entry into the POST Reimbursable Public Safety dispatcher Program.

This report is presented for information only.  No action is required.
4.Report on Review of People with Disabilities (LD 37) Training Requirements
Since January 2014, there has been growing concern regarding mental health training for law enforcement. The interest has been reinforced by high-profile incidents involving peace officers' contacts with persons with mental illness.

POST has taken a lead role in the effort to ensure that training needed in this area addresses the concerns of the legislature, other mental health organizations, stakeholders and Subject Matter Experts (SME’s) to ensure California peace officers are well-equipped to serve their respective communities.

Two Senate Bills, SB 11 and 29 (Beall) were introduced this year to increase mental health training for peace officers in four areas: basic training, field training, training of field training officers and recurring in-service training.  Staff has collaborated with Senator Beall’s office, POST stakeholders, and Subject Matter Experts (SME’s) regarding SB 11 and SB 29 and offered to complete an assessment to identify any gaps in existing mental health training.  This report describes that effort.

This report is presented for information only.  No action is required.
5.Report on Progress of Changes to Peace Officer First Aid/CPR Training Requirements
The California Emergency Medical Services Authority (EMSA) is authorized to establish First Aid/CPR/AED training standards for public safety personnel pursuant to California Code of Regulations, Division 9, Title 22, Chapter 1.5, First Aid Standards for Public Safety Personnel.

On September 17, 2014 the EMSA Commission approved revised regulations, which were vetted through the Office of Administrative Law (OAL), and went into effect on April 1, 2015. The proposed regulations provide for a 24-month implementation period for POST to revise its curricula, develop revised instructor requirements, and change related POST Commission regulations for agencies to implement the training requirements.

The recently adopted regulations contain additional authorized skills and training including, but not limited to: Automated External Defibrillator (AED); EMS integration with active shooter; assisting in the administration of a patient’s physician-prescribed naloxone and epinephrine auto-injector; and control of bleeding, to include direct pressure, tourniquet, hemostatic dressings, chest seals and other dressings. 

POST has collaborated with EMSA to develop and revise curriculum to meet the new requirements. The regulations will affect the Basic Course (Learning Domain 34), in-service training, and instructor training. 

Since the February 2015 Commission meeting, POST Basic Training Bureau has coordinated the facilitation of workshops to develop the new curriculum in several courses that will be required to address the new regulations.

This report is presented for information only.  No action is required.
6.Report on Progress of Changes to and Consolidation of Unusual Occurrences (LD 26), Hazardous Materials Awareness (LD 41), and Emergency Management (LD 43)
The Regular Basic Course (RBC) is the entry-level training requirement for many California peace officers. The curriculum of the course is divided into 42 Learning Domains (LD’s), which are supported by supplemental content in the student workbooks.  Staff regularly reviews the curriculum to determine relevancy and to ensure it is contemporary. A review of existing training material revealed an opportunity to consolidate the content of three LD’s, Unusual Occurrences (LD 26), Hazardous Materials Awareness (LD  41),  and Emergency Management (LD 43) while also increasing the efficiency of curriculum delivery, ensuring continuity in the progression of subject matter and eliminating unnecessary redundancy.

Basic Training Bureau (BTB) and Training Program Services (TPS) have addressed this need by using grant funds to support a contract facilitator and the curriculum development.

The work performed has involved modifying the Training and Testing Specifications (TTS and the respective student workbooks. The effort has resulted in eliminating unnecessary redundancy. The end result is likely to be a reduction in hours required to cover the revised material.  It will also provide POST an ability to add new training to address future needs in other LD's without adding additional time to complete basic training.  

The consolidation process is still in progress as staff analyzes the findings of the subject matter group, and it is anticipated that the changes to curriculum will be presented to the Commission at its October 2015 meeting. 

This report is presented for information only.  No action is required.
7.Report on Response to Commission Inquiry
At the October 2014 meeting, Commissioner Joyce Dudley posed several questions to the Commission and to POST staff regarding POST’s purpose, current performance in regards to that purpose, and future direction.

POST staff completed an analysis of programs and processes and have responded to these questions.

This report is presented for information only.  No action is required. 
8.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.  One non-sedentary course has also been certified and three 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.
9.Report on the Museum of Tolerance, Tools for Tolerance, Racial Profiling Update and Racial Profiling Train-The-Trainer Course
At the February 2015 meeting the Commission directed staff to evaluate the curricula and programs presented by the Simon Wiesenthal Museum of Tolerance (MOT) to determine if they are relevant, contemporary and meet the current needs of law enforcement.

Staff researched the history of the MOT and completed an analysis on the Tools for Tolerance program for Law Enforcement.  It was determined that the training has high attendance, is still current and effective, and has a positive impact on the attendees.

This report is presented for information only.  No action is required.
10.Report on the Study of the Feasiblity of Instituting Fees for POST Products
The Peace Officer Training Fund (POTF) is the Commission's main source of revenue. This fund has experienced steadily declining revenue from the State Penalty Assessment Fund since 2008. Staff has worked to mitigate these declining revenues through a recent cost savings reduction plan.  The Governor's FY 2015-16 budget (May revision) decreases the Commission's authorized expenditures by an additional $5.2 million. 

Staff continued to analyze POST services and products in relation to POST's budget as revenue into the POTF continues to decline. POST participating agencies have access to many POST products free of charge. It has become apparent that the concept of charging reasonable fees for some POST products has emerged.

This item reports on the Commission approved feasibility study as it relates to a potential fee based structure for some POST products and services.
11.Commission Resolution
  • Katherine Hobson, Retired, Management Counseling Leadership Development Bureau, Commission on POST

If the Commission concurs, the appropriate action would be a MOTION to approve the Consent Items.


FINANCE COMMITTEE
C.Financial Report
The chair of the Finance Committee will report on the results of the Finance Committee meeting held on Wednesday, June 24, 2015, in Universal City, California.

If the Commission concurs, the appropriate action would be a MOTION to approve the Finance Committee report.

BASIC TRAINING BUREAU
D.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, and/or to improve student learning and evaluation.

The proposed changes affect the following Learning Domains:

LD 6, Property Crimes
LD 12, Controlled Substances
LD 19, Vehicle Operations

If the Commission concurs, the appropriate action would be a MOTION to approve the changes to the Training and Testing Specifications for Peace Officer Basic Courses as described in the staff report. If no one requests a public hearing, the changes will become effective February 1, 2016.

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

EXECUTIVE OFFICE
E.Report on the Request to Approve the 2015 Strategic Plan
At the February 2013 meeting the Commission authorized the Executive Director to enter into a contract with an entity, later identified as California State University Sacramento Center for Collaborative Policy (CCP), to facilitate updating the POST Strategic Plan. 

In collaboration with POST staff and external stakeholders, CCP developed a draft strategic plan document based on extensive research, interviews and surveys.  The 2015 Strategic Plan will guide POST’s efforts through the next three to five years. 

The document has been completed and is being presented to the Commission for approval.   

If the Commission concurs, the appropriate action would be a MOTION to approve the 2015 Strategic Plan, and to approve the deletion of the 2008 Strategic Plan Objective D.4.10, Update of the Strategic Plan, as completed.

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

MANAGEMENT COUNSELING, LEADERSHIP DEVELOPMENT BUREAU
F.Report on Revision to Commission Regulation in Relation to Course Certification
As part of an ongoing process, staff reviews regulations and procedures to determine if they are consistent with current practice, clear and concise or in need of revision based on changes of procedure.

A review was conducted of Regulations 1001, 1052 and 1053 related to the requirements for course certification and the course certification process.

The revisions clarify the requirements for course certification and the course certification process, and separate the two regulations into the categories of Instructor-Led Training Course Certification (Regulation 1052) and Self-Paced Training Course Certification (Regulation 1053).  The definition of "Learning Activity" was also added to Regulation 1001.

The Self-Paced Training Course Certification Request form (2-124) was revised and a Self-Paced Training Subject-Matter Expert Resume form (2-121) was developed to address provisions proposed in revised Regulation 1053.

If the Commission concurs, the appropriate action would be a MOTION to approve the changes as described in the staff report.  If there is no request for a public hearing, the changes will become effective January 1, 2016.

Finance Committee Discussion   [ ] Yes [ ] No Recommended Action [ ] Yes [ ] No
Advisory Committee Discussion [ ] Yes [ ] No Recommended Action [ ] Yes [ ] No
G.Report on Revision to Commission Regulation and Procedure in Relation to Reimbursements for Training
As part of an ongoing process, staff reviews regulations and procedures to determine if they are consistent with current practice, clear and concise or in need of revision based on changes of procedure. 

A review was conducted of Regulations 1001, 1014 and 1015 and the procedures contained in Section E of the POST Administrative Manual in relation to reimbursement of training costs for agencies participating in the POST Program, and for POST-approved Training Presenters. 

Revisions were made to add clarity and bring regulation into alignment with current practice, and language was added to define and clarify reimbursement for attendance of the Regular Basic Course Modular Format (Intensive).

Subsequently, POST Training Reimbursement Request form (2-273) and POST Presenter Reimbursement Request form (2-243) were also amended for consistency and to improve functionality. 

If the Commission concurs, the appropriate action would be a MOTION to approve the changes as described in the staff report.  If there is no request for a public hearing, the changes will become effective January 1, 2016. 

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 Advisory Committee will report on the results of the Advisory Committee meeting held on Wednesday, June 24, 2015, in Universal City, California.

If the Commission concurs, the appropriate action would be a MOTION to approve the Advisory Committee report.
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, June 25, 2015, in Universal City, California.

If the Commission concurs, the appropriate action would be a MOTION to approve the  Legislative Review Committee report.

CORRESPONDENCE
J.The Following is Correspondence Sent From POST and To POST:
From POST to:
  • Larry Esquivel, Chief, San Jose Police Department, expressing sympathy over the tragic on-duty death of Officer Michael Johnson.

To POST from:

  • David Bejarano, President, California Police Chiefs Association (CPCA), recommending Greg Garner, Chief, Selma Police Department, as the replacement of Andrew Bidou, Chief, Vallejo Police Department, as the CPCA representative on the POST Advisory Committee.
  • Michael Grabowski, President, California Association of Administration of Justice Educators (CAAJE), recommending the reappointment of Bradley Young, as the CAAJE representative to the POST Advisory Committee.
  • Joseph Farrow, Commissioner, California Highway Patrol (CHP), recommending Mark Brunet, Chief, CHP, as the replacement of Chuck King, Captain, CHP as the CHP Representative on the POST Advisory Committee.

 To the California Governor's Office from:

  • Natasha Minsker, Director, and Steven Meinrath, Advocate, ACLU of California, Center for Advocacy and Policy, expressing concern regarding the proposed reductions to the POST budget for FY 2015-16.
  • Adam Christianson, Sheriff, President, and Robert Doyle, Sheriff, Legislative Committee Chair of the California State Sheriff's Association (CSSA), expressing concern regarding the proposed reductions to the POST budget for FY 2015-16.
  • Mark Yokoyama, Chief, President, California Peace Officers Association (CPOA), expressing concern regarding the proposed reductions to the POST budget for FY 2015-16.
  • Kamela D. Harris, Attorney General, State of California, expressing concern regarding the proposed reductions to the POST budget for FY2015-16.

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

NEW BUSINESS
L.The following items are to be reviewed for New Business
1.  Nomination of Replacement for Advisory Committee Member

Andrew Bidou, Chief, Vallejo Police Department, who represented the California Police Chiefs Association (CPCA) on the POST Advisory Committee has resigned.  CPCA President David Bejarano recommended that Greg Garner, Chief, Selma Police Department, act as the CPCA replacement appointee on the POST Advisory Committee.

If the Commission concurs, the appropriate action would be a MOTION to approve Chief Greg Garner, as the CPCA replacement appointee on the POST Advisory Committee.

2.  Nomination of Reappointment of an Advisory Committee Member

CAAJE President Michael Grabowski recommends that Advisory Committee Representative Bradley Young be reappointed to the POST Advisory Committee.

If the Commission concurs the appropriate action would be a MOTION to approve Bradley Young, CAAJE Representative be reappointed to the POST Advisory Committee.

3.  Nomination of Replacement for Advisory Committee Member

Chuck King, Captain, California Highway Patrol (CHP), who represented the California Highway Patrol on the POST Advisory Committee has transferred.  CHP Commissioner Joseph Farrow recommended that Mark Brunet, Chief, CHP, as the replacement appointee on the POST Advisory Committee.

If the Commission concurs, the appropriate action would be a MOTION to approve Chief Mark Brunet, as the CHP replacement appointee on the POST Advisory Committee.

4.  Election of Commission Chair 

The Commission Chair will request nominations for the Commission Chair position effective at the October 2015 Commission meeting at the Double Tree Mission Valley, San Diego.

If the Commission concurs, the appropriate action would be a MOTION to approve the nominated Commissioner as the new Chair of the Commission effective at the October 2015 Commission meeting.

5.  Election of Commission Vice Chair

The Commission Chair will request nominations for the Commission Vice-Chair position effective at the October 2015 Commission meeting at the Double Tree Mission Valley, San Diego.

If the Commission concurs, the appropriate action would be a MOTION to approve the nominated Commissioner as the new Vice-Chair of the Commission effective at the October 2015 Commission meeting.


FUTURE COMMISSION DATES
M.Upcoming Commission meetings will be held:
  • October 21-22, 2015 - Double Tree Mission Valley, San Diego
  • February 23-25, 2016 - Museum of Tolerance, Los Angeles
  • June 22-23, 2016 - Sheraton Anaheim, Garden Grove
  • October 26-27, 2016 - POST, West Sacramento

CLOSED SESSION
N.Closed Executive Session

1)  Conference with Legal Counsel - Existing Litigation: Pursuant to 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) Knowledge and Intelligence Professional Programs v. POST, Los Angeles Superior Court, Case No. NC058217.

b) Aaron Raiser v. City of Los Angeles, et al., US District Court, Central District, Case #CIV14-4809, Ninth Circuit Court of Appeals, No. 15-55488.

2)  Conference with Legal Counsel – Existing/Potential Litigation: Pursuant to 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)  Matters Before the State Personnel Board (SPB):

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

b)  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.)

3)   Conference with Legal Counsel – Executive Director Employment and Compensation:  Pursuant to Government Code section 11126(a)(1) the Commission hereby provides public notice that it may meet in closed session to consider the terms and conditions of employment and compensation of the Executive Director.


ADJOURNMENT
Minutes have not been generated.