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AGENDA ITEM REPORT

Title: Report on Proposed Changes to Commission Regulation 1006, Extension of Time Limit for Course Completion
REPORT PROFILE
MEETING DATE
10/27/2016
BUREAU SUBMITTING THIS REPORT
Basic Training Bureau
RESEARCHED BY (PRINT NAME)
Scott Loggins
REVIEWED BY (PRINT NAME)
Jan Bullard
REPORT DATE
09/13/2016
APPROVED BY
Manuel Alvarez, Jr.
DATE APPROVED
09/30/2016
PURPOSE
Decision Requested
FINANCIAL IMPACT
No

ISSUE:
Should the Commission approve, subject to the Notice of Proposed Regulatory Action process, the proposed changes to Commission Regulation 1006, POST Extension of Time Limit for Course Completion?
BACKGROUND:

As part of an ongoing process, current regulations and procedures related to extension of time limit for course completion are periodically reviewed to determine if they are consistent with current practice, clear and concise, and meet the needs of POST’s clients.

Regulation 1006 provides that the Commission will grant an extension of time for completion of any course required by Regulations 1005, 1007, or 1018 upon presentation of satisfactory evidence by a department that a trainee, peace officer trainee, peace officer, reserve peace officer, or dispatcher is unable to complete the required course within the time limit prescribed because of illness, injury, military service, or special duty assignment required, and made in the public interest of the concerned jurisdiction; or upon presentation of evidence by a department that a trainee, peace officer trainee, peace officer, reserve peace officer, or dispatcher is unable to complete the required course within the time prescribed.  Time extensions granted under this subsection shall not exceed that which is reasonable, bearing in mind each individual circumstance.

This regulation includes students who have been unable to successfully pass all components of the Regular Basic Course (RBC) or Specialized Investigators’ Basic Course (SIBC), and it allows them the opportunity to return to another course within reasonable time constraints, rather than start the process from the beginning of the course.  The spirt of the Regulation allows for students who have encountered challenges through no fault of their own, the opportunity to re-enter the course, including an RBC or SIBC, without starting from the beginning, which would require repeating of previously taught curriculum and mastered competencies.

Occasionally, presenters of courses dismiss students due to misconduct, particularly in areas that involve behavior inconsistent with the law enforcement profession. Events such as these are investigated by POST presenters in collaboration with POST consultants in order to ensure due process is afforded in each instance.  POST current practice is to disapprove Regulation 1006 exemption requests for former students who have been unable to complete the required course within the time prescribed due to dismissal as a result of a sustained allegations of misconduct with respect to their participation as a student in the course.  

Regulation 1006 as currently written does not specifically address matters of dismissal due to sustained student misconduct allegations; rather, it specifies that “Time extensions granted under this subsection shall not exceed that which is reasonable, bearing in mind each individual circumstance.” 

POST staff desire to codify regulatory language to reflect current practice with respect to evaluation of Regulation 1006, and to ensure the regulation interpretation is consistent with the values of the law enforcement profession and community expectations of peace officers.

Nothing in the proposed Regulation amendment will preclude students, even those dismissed due to sustained allegations of misconduct with respect to their participation as a student in the course, from re-applying to attend a POST course from the beginning. 

ANALYSIS:

In order for POST Regulation to reflect its current practice staff is requesting Commission approval for the amendment on the following regulation: 1006. 

Extension of Time Limit for Course Completion.

Adding the requirement that individuals seeking extension of time for completion of any course pursuant to this regulation are ineligible if the reason for the inability to complete the course was dismissal due to sustained allegations of misconduct with respect to their participation as students in the course.

The proposed amended language is reflected in ATTACHMENT A.

This item supports Strategic Plan Objective B.1, POST regulations are relevant, comprehensive, and consistently applied.  

RECOMMENDATION:
Staff recommends that the Commission approve, subject to the Notice of Proposed Regulatory Action process, the amendments to Regulation 1006 described in this report.
 
ATTACHMENT(S):
Name: Type:
Attachment_A_-_1006_Text_of_Proposed_Regulation.pdf Backup Material