POST COMMISSION MEETING
Commission on POST 860 Stillwater Road, Suite 100, West Sacramento, CA 95605


October 27, 2016
AGENDA
10:00 AM

                                       


CALL TO ORDER AND WELCOME

COMMISSION MEMBERS
Rick Braziel                                                    Lai Lai Bui                                    
Thomas Chaplin Richard DeLaRosa
Robert Doyle

Joyce Dudley - Chair

Sandra Hutchens  Pete Kurylowicz
Laren Leichliter Geoff Long
Jim McDonald  Jethroe Moore II
Batine Ramirez Laurie Smith
Larry Wallace  Vacant - Rank and File Member


COLOR GUARD AND FLAG SALUTE
The Color Guard will be provided by the West Sacramento 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 Jonathan DeGuzman, San Diego Police Department
  • Sergeant Steven Owen, Los Angeles County Sheriff's Department
  • Officer Jose Vega, Palm Springs Police Department
  • Officer Lesley Zerebny, Palm Springs Police Department
  • Deputy Jack Hopkins, Modoc County Sheriff's Department
  • Sergeant Alfonso Lopez, Los Angeles County Sheriff's 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
Thomas McDonald, Chief, West Sacramento Police Department, will provide opening remarks.

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
The following are submitted for approval:
  • Action Summary - June 23, 2016
  • Action Summary - July 13, 2016
  • Meeting Minutes - June 23, 2016
  • Meeting Minutes - July 13, 2016

 

  • Action Summary - June 22, 2016, Executive Director Recruitment Advisory Committee
  • Meeting Minutes - June 22, 2016, Executive Director Recruitment Advisory Committee
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 the Course Certification Statistics from 5/01/16 to 8/31/16

This item reflects a status report of training courses that have been certified, decertified or modified during the period between the end of Fiscal Year 2015/2016 (May and June 2016) to the beginning of Fiscal Year 2016/2017 (July and August 2016).  It also reflects the total number of active courses and active presenters of courses.

 

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

2.Report on New Agency Entry into POST Program - City of Oakley Police Department

Upon review by POST, the City of Oakley Police Department has been admitted into the POST Peace Officer Program effective September 1, 2016.

 

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

3.Report on New Agency Entry into POST Program - Coast Community College District Police Department

Upon review by POST, the Coast Community College Police Department has been admitted into the POST Peace Officer Program, effective September 1, 2016.

 

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

4.Report on Renewal of the Operational Agreement with San Diego Regional Training Center for the FY 2016-17 Violence Against Women Act (VAWA) Grant

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.  The VAWA Grant was historically administered by a POST management fellow or a member of POST staff.  POST received these funds annually through FY 2013-14.

 

In FY 2014-15, staff opted not to reapply for the funds in light of new and extensive requirements established by the grantor.  That year San Diego Regional Training Center (SDRTC) applied and received the grant funds and the Commission approved the Executive Director to enter into an Operational Agreement with SDRTC to contribute to the in-kind match through Letters of Agreement for instructors and Training Reimbursement Requests for students.  The Executive Director has annually approved renewal of the Operational Agreement with SDRTC since then. 

 

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

5.Report on Completion of POST Authentication and Secure Services

This item updates the Commission on staff’s completion of POST Authentication and Secure Services (PASS), which streamlines and eases use of POST systems, while significantly enhancing information security.

 

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

6.Report on the Progress of the 2015 Strategic Plan

At its June 2015 meeting, the Commission approved an agenda that 1) approved the 2015 Strategic Plan and Implementation Document as submitted; 2) directed staff to indicate the nexus between all future agenda items with the Strategic Plan goals and objectives, when applicable; and, 3) directed staff to provide an annual update of the progress on all the goals and objectives beginning at the October 2016 meeting.

 

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

7.Report on the Update of the POST Organizational Study Project

At the June 2015 meeting, the Commission approved the 2015 POST Strategic Plan that included as one of the four main goals to Increase Efficiency in POST Systems and Operations. The first strategy under this goal is B.3.1 Complete an organizational/workload study of POST utilizing internal resources. 

 

At the June 2016 Commission meeting, staff requested approval to pursue a contract for an outside vendor to work with POST staff to complete the organizational/workload study.  The Commission approved the request with the direction to work with Commissioner Rick Braziel to finalize the language for the scope of work to be included in the Request for Proposal (RFP).

 

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

8.Report on the Status of Planning for the Potential Passage of Proposition 64 (Marijuana Initiative)

Medical marijuana use was legalized in 1996 with the passage of Proposition 215, known as the “Medical Use of Marijuana Initiative.”  On November 8, 2016, California voters will cast a ballot for or against Proposition 64, titled the “Control, Regulate, Tax Adult Use of Marijuana Act.”  If passed by a majority of registered voters, the Initiative would legalize marijuana (cannabis) and hemp under state law and enact certain sales and cultivation taxes.  

 

The passage of Proposition 64 will have a significant impact on POST operations as majority of our training and guidelines will need to be updated and many new training courses will need to be developed and presented.  This has required POST staff to begin planning and preparing for the potential passage of Proposition 64 to ensure changes and training are available to the field in a timely manner.

 

This purpose of this report is to advise the Commission of the predicted impact to POST and the planning and preparation currently in progress.

 

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

9.Report on Legislative Updates

During the 2015-16 Legislative Session, the Assembly introduced 3,242 bills; the Senate offered 1,779.  As of September 13, 2016, 1,122 bills were enacted.  POST tracked over 220 pieces of legislation, and several initiatives headed for the November ballot.  The following is a summary of legislation that POST monitored for impact to California law enforcement.  

 

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

10.Commission Recognition
  • Alan McFadon, POST Advisory Committee Member
11.Commission Resolutions
  • Patti Kaida, Associate Governmental Program Analyst (Retired), Administrative Services Bureau
  • Janice "Jan" Bullard, Assistant Executive Director, Executive Office
  • Mario Rodriguez, Bureau Chief (Retired), Learning Technology Resource Bureau
  • Robert Ziglar, Bureau Chief (Retired), Training Program Services Bureau
  • Peter Kurylowicz, Commissioner, Deputy, Riverside County Sheriff's Department

 

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


FINANCE COMMITTEE
C.Financial Report

The Chair of the Finance Committee will report on the results of the Finance Committee meeting held on Wednesday, October 26, 2016, in West Sacramento, 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 Commission Regulation 1008, Basic Course Waiver and Requalification Requirement

As part of an ongoing process, staff periodically reviews regulations and procedures to determine if they are consistent with current practice, clear and concise, and meet the needs of POST’s clients.

 

A review was conducted of Regulation 1008, in relation to the exemptions from the requalification requirement for certain California peace officers who have a three-year-or-longer break from the last date of qualifying peace officer service.  The proposed revisions were made to bring regulations into alignment with current practices, and to allow staff to more efficiently meet the hiring needs of POST agencies.

 

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 upon approval from the Office of Administrative Law.  

E.Report on Proposed Changes to Commission Regulation 1006, Extension of Time Limit for Course Completion

As part of an ongoing process, staff periodically reviews regulations and procedures to determine if they are consistent with current practice, clear and concise, and meet the needs of POST’s clients.  A review was conducted of Regulation 1006 in relation to the extension of time limit for course completion. 

 

The proposed revisions are made to bring regulations into alignment with current practices, and to allow staff to more efficiently meet the needs of POST agencies and stakeholders.  

 

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 upon approval by the Office of Administrative Law.  


EXECUTIVE OFFICE
F.Report on Request to Amend POST Regulation 1005(d)(4) Training Requirement for Perishable Skills Instructors

In 1999, the Commission approved Regulation 1005(d)(4) requiring all peace officers (except reserve officers) below the middle management position and assigned to patrol, traffic, or investigation who routinely affect the physical arrest of criminal suspects to complete Perishable Skills Program (PSP) courses (Driving, Arrest and Control, Firearms) and Tactical/Interpersonal Communications. 

 

Since its enactment in January 2000, instructors of  PSP courses are not exempt, and are required to attend a course as a student in the topic they are qualified to instruct or to test out of the course by demonstrating their competency by successfully passing a presenter-developed test that measures the approved training objectives to meet the PSP requirement.  

 

At the June 2016 Commission meeting, staff was asked to review this regulation and look for alternatives to allow flexibility for instructors of PSP courses.

 

Staff conducted outreach to the POST Advisory Committee, presenters, training managers, and other stakeholders, and developed three options for amending the Regulation language regarding PSP certified/qualified instructors.

 

If the Commission agrees, the appropriate action would be a MOTION to approve one of the options for the amended language in preparation for submission to Office of Administrative Law (OAL).  If there is no request for public hearing, the changes will become effective April 1, 2017.  


STANDARDS, EVALUATIONS, AND RESEARCH BUREAU
G.Report on the Proposed Changes to Commission Regulations Involving Peace Officer Selection Standards

At the June meeting, the Commission proposed and approved revisions to the peace officer selection standards that would allow departments the discretion to determine what, if any, POST selection standards would be required for peace officers returning to the same department after a voluntary separation of no more than 180 days.Additionally, Commissioner Robert Doyle was delegated to work with staff to create and approve the final proposed language to submit to Office of Administrative Law (OAL) for the regulatory review process.  The proposed language was submitted to OAL in July for the 45-day public comment period, which concluded on September 19.  The complete rulemaking file was sent to OAL on September 20 and is under review.  As it is unclear whether OAL will approve the package due to the commission's delegation to one commissioner, POST is submitting the package to the full commission for approval (in case OAL should subsequently make the request).

 

If the Commission concurs, the appropriate action would be a MOTION to approve the proposed changes to Commission Regulations 1950 and 1953 and the continuation of the OAL regulatory review process. 

H.Report on the California Peace Officer Job Analysis

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 Regular 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).

 

If the Commission concurs the appropriate action would be an MOTION to approve the Job Analysis report as provided in the agenda item.


TRAINING PROGRAM SERVICES BUREAU
I.Report on Request to Contract for Principled Policing Training and Mentoring Programs

In 2015 Attorney General Kamala Harris established a Principled Policing Task Force that focused on the development of Procedural Justice and Implicit Bias training for law enforcement executives.  This course was highly successful and revealed the need to develop training for all levels of law enforcement personnel.

 

POST has collaborated with the California Department of Justice to develop a one-day course for in-service personnel and a two-day train the trainer course.

 

In July 2016 POST received five million dollars to develop and present training over the next six years.  POST will enter into contracts with qualified vendors to present this training throughout California.

 

If the Commission concurs the appropriate action would be a ROLL CALL VOTE to approve the Executive Director to enter into contracts with qualified vendors for the presentation of Principled Policing: Procedural Justice and Implicit Bias training and mentoring programs for FY 2016-17 in an amount not to exceed $183,600.


COMMITTEE REPORTS
J.Advisory Committee

The Chair of the Advisory Committee will report on the results of the Advisory Committee meeting held on Wednesday, October 26, 2016, in West Sacramento, California.

 

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

K.Strategic Plan and Organizational Development Committee

The Chair of the Strategic Plan and Organizational Development Committee will report on the results of the Strategic Plan and Organizational Development Committee held on Thursday, October 27, 2016, in West Sacramento, California.

 

If the Commission concurs, the appropriate action would be a MOTION to approve the Strategic Plan and Organizational Development Committee report.


CORRESPONDENCE
L.The following is correspondence sent from POST:

From POST to:

 

  • Shelly Zimmerman, Chief, San Diego Police Department, expressing sympathy over the tragic on-duty death of Officer Jonathan DeGuzman.
  • Edward Bonner, Sheriff, Placer County Sheriffs, expressing wishes and prayers for the recovery of Deputy Austin Harper.
  • Jim McDonnell, Sheriff, Los Angeles County Sheriff's Department, expressing sympathy over the tragic on-duty death of Sergeant Steven Owen.
  • Bryan Reyes, Chief, Palm Springs Police Department, expressing sympathy over the tragic on-duty death of Officers Jose Vega and Lesley Zerebny.
  • Mike Poindexter, Sheriff, Modoc County Sheriff's Department, expressing sympathy over the tragic on-duty death of Deputy Jack Hopkins.
  • Jim McDonnell, Sheriff, Los Angeles County Sheriff's Department expressing sympathy over the tragic on-duty death of Sergeant Alfonso Lopez.

 


OLD BUSINESS
M.The following items are submitted as Old Business:
There are no Old Business items for this meeting.

NEW BUSINESS
N.The following items are submitted as New Business:
  • Election of Commission Vice-Chair

FUTURE COMMISSION DATES
O.Upcoming Commission meetings will be held:
  • February 22-23, 2017 - Majestic Garden Hotel, Anaheim
  • June 21-22, 2017 - POST, West Sacramento
  • October 25-26, 2017 - POST, West Sacramento

CLOSED SESSION
P.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, NC053503; Court of Appeal, Case No. B266376.

 

b)

Meniooh v. State of California, N.D. Cal., Case No. C-16-0715- CRB.

 

c)

Tamara Evans v. POST, Sacramento Superior Court, Case No. 34-2014-00164423; Eastern District of California, Case No. 2:15-cv-01951.

 

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 Equal Employment Opportunity Commission: Charge #555-2015-001150 and Charge #555-2016-00829.


ADJOURNMENT