• Officer Bryce Hanes, San Bernardino Police Department
• Officer Ricardo Galvez, Downey Police Department
• Deputy Scott Ballantyne, Tulare County Sheriffs Department

This item reflects a status report of training courses that have been certified, decertified or modified during the Second Quarter of FY 2015-16.  It also reflects the total number of certified courses and presenters of courses.

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

The Solano Community College District has disbanded their police department and  contracted for law enforcement services with the Solano County Sheriff's Office.  

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

The City of Santa Monica, Office of Emergency Management is seeking entry into the POST Public Safety Dispatcher Program.

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

The Solano County of Health and Social Services Department, Special Investigations Bureau is seeking entry into the POST Regular Officer Program.

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

The State Center Community College District Police Department is seeking entry into the POST Public Safety Dispatcher Program.

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

On October 03, 2015, Governor Brown, signed into law Senate Bill 11 and Senate Bill 29, authored by Senator Beall, which mandated additional Mental Health Training be provided to law enforcement officers in the Regular Basic Course (RBC), the Field Training Program (FTP), and for in-service level personnel.  

Basic Training Bureau (BTB) and Training Program Services Bureau (TPS) staff have been working on meeting the requirements of both bills.

The purpose of this agenda is to update the Commission on the efforts of TPS in development of in-service level training.  The progress of the basic and FTO training by BTB is covered in a separate agenda item.

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

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

The online Training Profiles and the online POST Professional Certificate Application are two programs released by POST in 2015.  Since the release of each program, the usage numbers and interest has steadily increased.  Both programs provide users a real time, paperless process to access their Training Profile and submit a Professional Certificate Application to POST.

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

POST has been advised by our Deputy Attorney General that in order to protect all POST-developed intellectual properties (curricula, videos, guidelines, etc.) from inappropriate modification or use, all entities participating in the development of these products must be required to sign an Intellectual Property Agreement relinquishing any rights of ownership.

POST has worked with legal counsel to develop this document and a process for its use for future projects.

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

This item updates the Commission on POST’s recent launch of the OpenData website, which offers up-to-date, interactive data on law enforcement professionals in California. 

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

This item updates the Commission on POST’s efforts to improve or replace its test development and delivery systems. 

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

• Alan Deal, Retired, Assistant Executive Director, Commission on POST
• Sylvia Moir, departing Commissioner, departing Chief, El Cerritos Police Department

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

The Chair of the Finance Committee will report on the results of the Finance Committee meeting held on Wednesday, February 24, 2016, in Los Angeles, California.

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

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 Reimbursable Program and for POST-approved Training Presenters. 

Revisions were made to add clarity and bring regulations into alignment with current practices, 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. 

The Commission approved these amendments on June 21, 2015.  Secondarily, the Office of Administrative Law (OAL) reviewed the amendments to Regulations 1001, 1014, and 1015.  Additional information was required by OAL for clarity.  These additional amendments are substantive and require Commission approval.

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 April 1, 2016. 

A review was conducted of POST forms in POST Regulations.  There are three forms cited  in POST Regulations that failed to reach the Commission for approval.  Because these forms were not approved by the Commission, they are considered by the Office of Administrative Law (OAL) to be new forms, even though they have been in use for a number of years.  These forms must now be approved by OAL through the rulemaking process.

If the Commission concurs, the appropriate action would be a MOTION to approve the three forms described in the staff report, in preparation for submission to OAL.  If there is no request for a public hearing, the changes will become effective April 1, 2016. 

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 Domain and courses:

• LD 37, People with Disabilities
• Minimum Content and Hourly Requirements, Regular Basic Course (RBC) - Standard Format
• Minimum Content and Hourly Requirements, Regular Basic Course (RBC) Modular Format - Module I
• Minimum Content and Hourly Requirements, Specialized Investigators Basic Course (SIBC)

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 August 1, 2016.

On October 03, 2015, Governor Brown, signed into law Senate Bill 29 (Beall), which mandated additional mental health response training for law enforcement officers. The Governor also signed into law related Senate Bill 11 (Beall), which addresses mental health training in the Regular Basic Course (Academy).

Senate Bill 29 added section 13515.29 to the Penal Code, requiring POST to include four hours of instruction on how to interact with persons with mental illness or intellectual disability to the existing 40-hour Field Training Officer (FTO) course on or before August 1, 2016.

Senate Bill 29 also added section 13515.295 to the Penal Code, requiring POST to, conduct a review and evaluation of the required competencies of the Field Training Program (FTP) and Police Training Program (PTP) to identify areas where additional training is necessary to better prepare law enforcement officers to effectively address incidents involving persons with a mental illness or intellectual disability on or before May 1, 2016.

If the Commission concurs, the appropriate action would be a MOTION to approve the changes to Commission Procedures D-13-3 and D-13-4 in Relation to Senate Bill 29 (Mental Health in Field Training) as described in the staff report. If no one requests a public hearing, the changes will become effective July 1, 2016.

At its July 23, 2009 meeting, the Commission approved a proposal to amend Commission Regulation 1084 - Standardized POST Training Curriculum - that created new subsections (c) and (d) to add minimum hours and minimum topical areas for tactical medicine training courses.  The amendments became effective on May 21, 2010, following completion of the rulemaking process.

Subsection (c) enumerated 46 topics for an 80-hour Tactical Medicine Course.  Subsection (d) identified 24 topics for a 40-hour alternative Tactical Medicine Course intended for medical support personnel who have successfully completed the SWAT Basic Course.

There have been significant advancements in tactical medicine and an increased urgency for law enforcement to apply tactical casualty care in the treatment and transfer of care of the injured at active violent incidents.  As a result, a subject matter expert committee convened and recommended amendments to Regulation 1084 to align with evolutions in field emergency medicine, regulatory changes in peace officer scope of practice, legislative enactments and terminology, and the awareness of SWAT operations and how first responders may be required to provide initial trauma care to the injured in a tactical environment.

On October 29, 2015, the California Tactical EMS Advisory Committee unanimously endorsed the proposed amendments to Regulation 1084.

If the Commission concurs, the appropriate action would be a MOTION to approve the amendments to Regulation 1084 pursuant to the rulemaking process. 

On December 19, 2008, Mr. Vikas Kurian received a Basic Course Waiver (BCW) under the authority of Commission Regulation 1008.  Completion of the Basic Course Waiver process is an option for meeting California's Regular Basic Course (Academy) training requirement for out-of-state applicants wanting to become peace officers in California.  Mr. Kurian’s eligibility to obtain peace officer appointment with the BCW expired on December 19, 2011 pursuant to Commission Regulation 1008(b) (1) – Three year rule.  From December 19, 2011 through December 19, 2014, Mr. Kurian was eligible to complete the 136-hour Requalification Course one time.  He did not complete the 136-hour Requalification Course and was not employed as a peace officer by December 19, 2014.    

Commission Regulation mandates that an individual who successfully completes the BCW Process may requalify by successfully completing a POST-certified Requalification Course one time within six years from the date of the waiver process completion.  After six years, an individual must successfully complete the full basic course (Academy) to requalify, regardless of when the Requalification Course was completed.

Mr. Kurian requested an extension to the six-year time frame mandated by Regulation since he desires to attend a Requalification course (136 hour minimum) instead of a full Regular Basic Course (664 hour minimum).

POST staff has denied his requests for an extension of the six-year time frame required by Regulation and subsequent appeals to the Executive Director have been denied.

The chair of the Advisory Committee will report on the results of the Advisory Committee meeting held on Wednesday, February 24, 2016, in Los Angeles, 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, February 25, 2016, in Los Angeles, California. 

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

From POST to:

• Jarrod Burguan, Chief, San Bernardino Police Department, expressing sympathy over the tragic on-duty death of Officer Bryce Hanes.
• Carl Charles, Chief, Downey Police Department, expressing sympathy over the tragic on-duty death of Officer Ricardo Galvez.
• Michael Boudreaux, Sheriff, Tulare County Sheriff's Department, expressing sympathy over the tragic on-duty death of Deputy Scott Ballantyne.
• Michael Boudreaux, Sheriff, Tulare County Sheriff's Department, expressing sympathy over the tragic on-duty death of Pilot James Chavez.

To POST From:

• Lanny Brown, President, California Academy Directors Association (CADA), recommending himself to replace James Davis as the CADA Representative to the Advisory Committee. 

Pursuant to Government Code 1031 and Commission Regulation 1953 any peace officer candidate must complete a background investigation prior to being appointed to a peace officer position with a law enforcement agency.  The investigation is multi-faceted assuring compliance with all applicable minimum standards for appointment and screening out candidates who, based on their past history or other relevant information, are found unsuitable for the position.

If a peace officer candidate was initially investigated in accordance with all current background investigations requirements, and the results are available for review, a background investigation update, as opposed to a complete new background investigation, may be conducted if the peace officer candidate is being reappointed to the same POST-participating department.  Current Regulation requires a background investigation update must be conducted for any break in service. 

Jim Davis, Director, Southwestern College  Basic Academy, who represented the California Academy Directors Association CADA) on the POST Advisory Committee has resigned.  CADA President Lanny Brown, President, CADA, has recommended he act as the CADA replacement appointee to the POST Advisory Committee.

If the Commission concurs, the appropriate action would be a MOTION to approve Lanny Brown, President, CADA, as the CADA replacement on the POST Advisory Committee.

• June 22 - 23, 2016, POST Headquarters, West Sacramento
• October 26 - 27, 2016, POST Headquarters, West Sacramento
• February 22 - 23, 2017, Majestic Hotel, Anaheim
• June 21 - 22, 2017, POST Headquarters, West Sacramento
• October 25 - 26, 2017,  POST Headquarters, 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; Eastern District of California, Case No. 2:15-cv-01951.

2) Deliberations on the Appeal of Vikas Kurian: Pursuant to Government Code section 11126(c)(3), the Commission hereby provides public notice that it will conduct deliberations on the appeal of Vikas Kurian heard in the regular session.

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

4) Conference with Legal Counsel – Executive Director Selection: 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 and review applications of interested persons.