• Officer David Nelson, Bakersfield Police Department
• Sergeant Scott Lunger, Hayward Police Department

This item reflects a status report of training courses that have been certified, decertified or modified during the 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.

In August 1997, the Commission approved acceptance of Violence Against Women Act (VAWA) grant funds for the development of domestic violence and sexual assault training for law enforcement.  Since then, the VAWA Grant has historically been administered by a POST management fellow or a member of POST staff. 

In FY 14/15, the Office of Emergency Services (OES), the grantor of the VAWA funds, advised that there would be new and extensive requirements for the application of grant funds. The Commission determined the new requirements would put a substantial staffing and financial burden on POST and declined to request grant funds for that fiscal year.

San Diego Regional Training Center (SDRTC) applied and received the grant funds and the Commission approved POST entering into an Operational Agreement with SDRTC to contribute to the in-kind match in an amount not to exceed $130,000. 

The Executive Director has approved renewal of the Operational Agreement with SDRTC in the same amount for FY 15/16.

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

This item updates the Commission on POST’s recent improvement in delivering POST profiles to law enforcement personnel throughout California.  This item serves as a status update to planned enhancements detailed in the October 23, 2014 Commission agenda item and presentation entitled “Report on Computer Services Bureau Technology Projects and Strategies”  

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

Since 1986 POST staff has examined the circumstances that have led to every accidental death or felonious murder of a California peace officer.  The Law Enforcement Officer Killed or Assaulted in the Line of Duty (LEOKA) Report was published every five years.  After the release of the 2004 report staffing issues required the discontinuation of the program.   

POST has reinstituted the program and has commenced work on a ten-year edition that will incorporate the data extracted from incidents between 2005 and 2014.  

The LEOKA program is identified as relevant to POST Strategic Plan Objective A.1.1, Identify and convey information on emerging trends to the field, and A.1.4, Enhance and continue study of driver training methods and vehicle related high risk activities to improve training and enhance safety.   

The Executive Director has approved the allocation for funds in an amount not to exceed $102,000 to reinstitute this program.  

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

POST staff, in collaboration with Dr. Gary Kline, is conducting research on the cognitive processes of law enforcement officers responding to critical incidents and unusual occurrences, and how law enforcement officers make critical decisions in these circumstances.  The Cognitive Task Analysis (CTA) data collection will identify the cognitive skills and decision making strategies essential for improved initial responses to a wide range of critical incidents.  By providing officers additional cognitive skills, incident outcomes should likewise result in more desirable solutions.

This study supports POST Strategic Plan Strategy A.1.1,  Identify and convey information on emerging trends to the field.

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

The Commission presented the following resolutions:

• Kathleen Laurel Espell, retired employee, Commission on POST
• Rachel S. Fuentes, retired employee, Commission on POST
• Ronald E. Lowenberg, Dean, former Commissioner, Golden West College

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

The chair of the Finance Committee will report on the results of the Finance Committee meeting held on Wednesday, October 21, 2015, in San Diego, California.

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

The California Emergency Medical Services Authority (EMSA), which establishes First Aid/CPR training standards for public safety personnel, has approved revisions to the California Code of Regulations, Division 9, Title 22, Chapter 1.5 First Aid Standards for Public Safety Personnel, that significantly increase the level of skills to be taught to peace officers. POST has collaborated with the (EMSA) to amend Commission regulations to meet the needs of law enforcement and the public.

If the Commission concurs, the appropriate action would be a MOTION to amend Commission Regulations 1070 and 1082 as described in the staff report.

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

Procedural Justice and Police Legitimacy have been in the forefront of discussion for law enforcement throughout the United States.  One of the four main goals developed during the update of the POST Strategic Plan was Enhance Law Enforcement’s Ability to Serve Their Communities.  Under this goal is Strategic Plan Strategy D.1.2 , Provide online resources for agencies on Procedural Justice and Police Legitimacy. 

Staff worked with subject matter experts to amass relevant resources and to make them available on the POST Procedure Justice webpage accessible from the main POST Website.  

If the Commission concurs, the appropriate action would be a MOTION to approve the deletion of Strategic Plan Strategy D.1.2., Provide online resources for agencies on Procedural Justice and Police Legitimacy, as completed.   

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

This item describes proposed changes to Peace Officer Selection Requirements: Commission Regulations 1951, 1953, 1954 and 1955.

The proposed changes to the Peace Officer Selection Requirements incorporate forthcoming changes to Government Code Section 1031(e): Peace Officer Education Requirements; provide clear and consistent requirements for the sharing of background information between the background investigator and the screening psychologist; outline the requirements for the reporting of Continuing Professional Education (CPE) courses by peace officer screening psychologists; and clarify that only candidates found medically and psychologically suitable can be appointed as peace officers.

If the Commission concurs, the appropriate action would be a MOTION to amend Commission Regulations 1951, 1953, 1954, and 1955, subject to the Notice of Proposed Regulatory Action process.

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

As part of an ongoing process, current regulations and procedures related to basic courses are reviewed to determine if revisions are necessary. This report covers modifications to POST Administrative Manual Regulations 1005, 1007, 1008, 1052, Procedures D-1, D-10, and the POST Basic Courses Test Management and Security Protocols 2014 (protocols). Some of the revisions are adding a requirement for any proctor of a written test to complete POST-delivered proctor training, revisions to PC832 testing language for consistency with all other basic courses, elimination of instructor access to specific test item content, and clarification of the retesting process.  Additional revisions have been made for the purpose of clarity in testing/test security requirements and consistency in language.  

If the Commission concurs, the appropriate action would be a MOTION to approve the staff recommended modifications to Commission Regulations 1005, 1007, 1008, 1052, Procedures D-1, D-10, and the POST Basic Courses Test Management and Security Protocols 2014. 

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

Peace officers that possess short and long barrel rifles and shotguns in the course and scope of their duties are required by the Penal Code and/or Commission regulation to complete POST-certified courses of training.  The training requirement was enacted by the Legislature as part of Senate Bill 359, which amended Penal Code section 12020(b) with an effective date of July 13, 1999. 

In response to the training mandate, POST assembled a committee of subject matter experts (SMEs) to assist in the development of the necessary course.  Although the legislation only applied to short-barrel rifles and shotguns, it was the recommendation of the SME committee that the training requirement should also include long-barrel rifles and shotguns.  The rationale was that the competencies and safety factors addressed in the training would be the same, regardless of barrel length.  The committee’s work led to the development of a two-part training course – Part I for long/short barrel shotgun training (minimum of 16 hours) and Part II for long/short barrel rifle training (minimum of 16 hours).

On October 28, 1999, the Commission approved the training to meet the legislative mandate of SB 359 and the amendments to Regulation 1081, which created the requirement for the training to be extended to long-barrel rifles and shotguns.

After the Notice of Regulatory Action and approval of the regulations by the Office of Administrative Law (OAL), the regulation took effect and notice of the legislative mandate and related Commission action was provided to the field by a POST Bulletin. 

Recently, POST has become aware of confusion and compliance issues related to the legislation and the regulation related to rifle and shotgun training.  The concern has risen to the level that requires Commission notification and direction regarding whether to maintain or amend the previous Commission action.

If the Commission concurs, the appropriate action would be a MOTION to maintain the current regulatory training requirement for peace officers in the POST program (reimbursable and non-reimbursable) to possess either or both long and short barrel rifles and shotguns in the course and scope of their duties, or to provide staff with direction to further study this matter and report back to the Commission at its February 25, 2016 meeting.

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

Peace officers that possess short and long barrel rifles and shotguns in the course and scope of their duties are required by the Penal Code and/or Commission regulation to complete POST-certified courses of training. The training requirement was enacted by the Legislature as part of Senate Bill 359 which amended Penal Code section 12020(b), effective July 13, 1999.

A staff report was developed and submitted to the Commission recommending that it approve a two-part training course (including both long and short barrel rifles and shotguns).  The subject matter experts recommended that the training requirement also extend to long-barrel shotguns and rifles.  On October 28, 1999, the Commission approved the two-part course as an addition to Commission Regulation 1081.

Recent inquiries from the field have shown that among some agencies, there is a misunderstanding about and/or a lack of knowledge of the training requirement to possess rifles. 

Staff has taken a number of steps in an effort to enhance awareness of the legislative mandate and Commission action and clarify the training requirements. As part of this effort staff is proposing revisions to Commission Regulations 1005 and 1081 to more clearly define the training required to possess rifles and shotguns. 

If the Commission concurs, the appropriate action would be a MOTION to approve the changes as described in the staff report. 

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

The Chair of the Advisory Committee will report on the results of the Advisory Committee meeting held on Wednesday, October 21, 2015, in San Diego, California.

If the Commission concurs, the appropriate action would be a MOTION to approve the Advisory Committee Report.

The chair of the Legislative Review Committee will report on the results of the Legislative Review Committee meeting held on Thursday, October 22, 2015, in San Diego, California.

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

From POST to:

• Greg Williamson, Chief, Bakersfield Police Department, expressing sympathy over the tragic on-duty death of Officer David Nelson.
• Diane Urban, Chief, Hayward Police Department, expressing sympathy over the tragic on-duty death of Sergeant Scott Lunger.

To POST from:

• Gregory J. Ahern, Sheriff-Coroner, Alameda County Sheriff's Department, expressing appreciation for POST Executive Director attending and sharing feedback on the URBAN Shield program presentation held in September.

• Nominations for Training in Excellence Awards

• February 24 - 25, 2016, Museum of Tolerance, Los Angeles
• June 22 - 23, 2016, Sheraton Anaheim, Anaheim
• October 26 - 27, 2016, POST, West Sacramento

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, NC053503.

b)  Amy Burgess v. POST,  Orange County Superior Court, Case No.  30-2015-00801959.

c)  Tamara Evans v. POST, Sacramento Superior Court, Case No. 34-2014-00164423.    

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 Department of Industrial Relations (DIR):  DIR Case #08-73707 CM (Notice of Claim and Conference regarding wages.)

b)  Matters related to course certification issue involving the presentation of the Regular Basic Course – Extended Format by Fullerton College

3)   Conference with Legal Counsel – Executive Director Selection Process:  Pursuant to Government Code section 11126(a)(1) the Commission hereby provides public notice that it may meet in closed session to consider the selection process for the position of Executive Director.