• Sergeant Rod Lucas, Fresno County Sheriff's Department
• Deputy Dennis Wallace, Stanislaus County Sheriff's Department
• Officer Gerardo Silva, Redwood City Police Department
• Officer Keith Boyer, Whittier Police Department

• Action Summary - October 27, 2016
• Meeting Minutes - October 27, 2016

• Action Summary - October 27, 2016, Strategic Plan and Organizational Development Committee
• Meeting Minutes - October 27, 2016, Strategic Plan and Organizational Development Committee

At the full Commission meeting held in West Sacramento on October 27, 2016, the Commission chose to disband the Strategic Plan and Organizational subcommittee, and to replace it with an emerging issue trends report to be presented at the beginning of the next full Commission meeting in February 2017.  At the conclusion of the October Commission meeting, POST staff assigned responsibility for identifying and evaluating emerging trends to the existing futures IMPACT Team at POST.

The IMPACT (Investigating Mitigating Progressive And Critical Trends) Team is a group of employees formed in December 2015 and consists of one bureau chief, Don Shingara, and six POST employees from various bureaus.  The team was formed in response to implementation of POST’s Strategic Plan and is responsible for evaluating emerging trends in law enforcement, considering the impact of those trends on law enforcement at large, and to POST in particular.

In response to the Commission request, members of the IMPACT Team chose to review past and current Command College projects to get a sense for emerging issues facing organizations throughout the state.  Command College is an executive development program administered by the Management Counseling/Leadership Development Bureau and is specifically designed to prepare law enforcement leaders for the challenges of the future, focusing on:

• Leadership principles needed to influence the future direction of the organization
• Strategies to identify emerging issues and provide a proactive response
• Skills and knowledge necessary to anticipate and prepare for the future

The primary goal of Command College is to provide an enhanced leadership course with a futures perspective.  Graduates of the course complete a “Futures Portfolio”, which requires, among other items, a research paper written specifically addressing an emerging issue relevant to the student. 

Based upon a review of the research projects completed by current and recent graduates of the program, IMPACT Team members identified one topic as being immediately relevant to law enforcement and POST.  The topic identified was the role of body worn video in the report writing process, an issue conceived and expanded upon by Lieutenant John Geissberger of the Albany Police Department.  Based upon his work, IMPACT Team members collaborated with different members of POST, identifying possible emerging issues regarding body worn cameras, their impact on the report writing process and the expected impact on various POST functions. 

This report describes the above work to date. It is presented for information and discussion. 

This item reflects a status report of training courses which have been certified, decertified or modified during the period of September 1, 2016 to December 31, 2016 (Fiscal Year 2016-17).  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.

Upon review by POST, the Tehachapi Police Department Public Safety Dispatchers have been admitted into the POST Public Safety Dispatchers Program effective November 7, 2016.

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

Upon review by POST, the Amtrak Police Department has been admitted into the POST Non-Reimbursable Peace Officer Program on September 26, 2016.

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

On October 27, 2016, POST staff advised the Commission it initiated a thorough review of the course certification process and report back with findings and recommendations. At the time of this report, POST internal processes are under review and a survey is being developed to seek input from external stakeholders. The survey will be beta tested at an initial workshop with subject matter experts on January 19, 2017. The subject matter experts input will be taken into consideration prior to distributing the amended survey to stakeholders throughout the state. The results from the survey will be utilized to inform and direct the work of the Course Certification Project at additional workshops. A tentative project timeline has been established that will accommodate the completion of research, analysis, best practices, strategies, and implementation by December of 2017.

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

On July 27, 2011, POST staff learned of an injury to a student that occurred on July 21, 2011, 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 POST staff's decision to the Commission.  The Commission heard arguments from Mr. Michael Raines, attorney for ITR, and POST staff.  On July 9, 2012, the Commission rendered a written decision in this appeal.  Since the appeal, ITR has changed their name to the California Association of Tactical Trainers (CATT).

The Commission's Decision made three determinations.  This is the annual report summarizing the status of staff's efforts in complying with these determinations.

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

As reported at the October 2016 Commission meeting, Proposition 64 - titled "The Control, Regulate, Tax Adult Use of Marijuana Act," was on the November ballot.  The majority of voters of California voted to enact Proposition 64, in essence decriminalizing several aspects of marijuana consumption and cultivation.  This report will provide the Commission with an update as to POSTs involvement with Proposition 64 since November 2016. 

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

At the October 27, 2016 Commission meeting, the decision to disband the Legislative Review Committee was approved by the Commission. As a result, the Legislative Consultant will present a report to the Commission at the February 23, 2017 meeting on the status of bills that were passed in the 2015-16 Legislative session, and bills that have been introduced in the 2017-18 Legislative session.

This report will include two documents which will be utilized to inform the Commission and the public with regards to the specifics and the impacts to POST operations.

The documents being presented to the Commission members for informational purposes are:

1) A legislative update on enacted legislation from the 2015-16 legislative session requiring legislative remedies for POST Academy operations, and new legislation introduced in the 2017-18 legislative session requiring bill analysis and

2) A list of bills of interest introduced in the 2017-18 legislative session that POST is tracking, some of which may affect POST operations, and/or affect our law enforcement partners.

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

• Larry Wallace, Executive Director (Retired), Law Enforcement Division, Department of Justice
• Jim McDonnell, former Commissioner, Sheriff, Los Angeles County Sheriff's Department

The Chair of the Finance Committee will report on the results of the Finance Committee meeting held on Wednesday, February 22, 2017, in Anaheim, California.

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

And, if the Commission concurs the appropriate action would be a ROLL CALL VOTE by groups of contracts to authorize the Executive Director to renew Law Enforcement Training and Administrative Contracts. 

Currently there is no stated requirements in Commission Regulation concerning the time-frame for agencies to submit Training Reimbursement Requests (TRRs) to POST for payment. The existing practice allows them to submit TRRs based on the model the State allows for contract and purchase order invoices. The State allows an agency to pay invoices for contracts and purchase orders for two years plus the current year. The oldest year is known as the reverting year, and if not paid by that last year, the authority to pay ceases. For contract and purchase invoices, the agency encumbers the amount of the contract or purchase order obligated but not yet paid at the end of the first year. This provides the agency with a reasonable expectation of what will be submitted, allowing POST to create a financial plan to provide for payment.

TRRs are different in that POST has no idea what the volume of submission will be, as not all local agencies request reimbursement for approved training taken. At the end of any given fiscal year, POST is somewhat inundated with TRR submissions for courses taken two to almost three years prior. Since there is no encumbrance for these TRRs, they are paid out of current year funds rather than from authority for the year the class was taken.

POST cannot accurately estimate the dollar amount of backlog due to this untimely receipt of requests for reimbursement. The reverting year TRRs have to be given priority over more current submissions in order to make the cut-off for fiscal year-end. This extra volume requires diverting additional Accounting staff from their regular duties, when they really need to attend to year-end closing activities.

In summary, challenges faced by POST are threefold:

1) Dollar amount of outstanding TRRs is unknown;

2) Extra effort is required at year end to process reverting year TRRs; and 

3) The current system uses current year authority and funds for two prior years of submissions.

If the Commission concurs, the appropriate action would be a MOTION to approve the changes to Regulation 1015 for Training Reimbursements as described in the staff report.  If no one requests a public hearing, the changes will become effective August 1, 2017. 

Finance Committee Discussion?   Advisory Committee Discussion?

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 12, Controlled Substances
• LD 20, Use of Force

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, 2017.

Finance Committee Discussion?   Advisory Committee Discussion?

As part of an ongoing process, current regulations and procedures related to curriculum delivery in POST training courses are periodically reviewed to determine if they are consistent with current practice, clear and concise, and meet the needs of POST’s clients. 

POST staff analysis with Regular Basic Course (RBC) presenters has revealed a technical inconsistency between regulations with respect to the requirements for academy instructors and the administrative staff assigned to oversee the academies (Directors, Coordinators, and Recruit Training Officers). 

The proposed revisions were made to bring regulations into alignment with current practices, and to allow staff to more efficiently meet the training 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. 

Finance Committee Discussion?   Advisory Committee Discussion?

Pursuant to Strategic Plan (Rev. 7/2015) Objective A.1.3 and A.1.4, POST contracts with various presenters to provide perishable skills training, FOS and LEDS, to in-service peace officers through the RSTC program. This training is most often accomplished through the use of the LEDS and FOS systems provided to the RSTCs by POST.

POST provides driving simulators to training providers so peace officers can complete mandated training requirements.  Communities expect their peace officers to be highly trained in current, contemporary methods to apply to the myriad of situations officers encounter on a daily basis as well as being continually educated on any recent changes in the law.  Anything less may result in liability for state or local law enforcement agencies and negatively impact police/community relations.

The 108 Law Enforcement Driving Simulators (LEDS) which are in the 24 Regional Skills Training Centers (RSTCs) throughout the state have exceeded their life expectancy and are in need of replacement.  POST is working on a sustainable replacement schedule regarding the LEDS. 

The Governor has suggested the Motor Vehicle Account (MVA) fund the replacement project. 

If the Commission concurs, the appropriate action would be to approve by ROLL CALL VOTE to authorize the Executive Director to enter into a contract to purchase replacement Law Enforcement Driving Simulators (LEDS) with an entity in an amount not to exceed $1,828,000.

Finance Committee Discussion?   Advisory Committee Discussion?

On February 18, 2010, Mr. Kevin Cordischi (POST ID C31-L07) successfully completed the Regular basic Course (RBC), but did not obtain peace officer appointment in subsequent years.  Pursuant to POST Regulation 1008, graduates of the RBC have a three-year window of opportunity to be appointed as a peace officer. This regulation is commonly referred to as the “Three-Year Rule.” 

On December 18, 2015, Cordischi successfully completed the POST 136-hour Requalification Course, which renewed his eligibility (up to the six year limit) obtained from his initial RBC graduation.

Pursuant to Regulation 1008, after three years, if the individual has not been appointed as a peace officer, he/she is allowed to take the POST Requalification Course (136 hour minimum) one time within six years from the date of the RBC completion.  This Regulation is commonly referred to as the “Six-Year Rule.”  After completion of the Requalification Course, the student must be appointed as a peace officer within the six year timeframe, which started on the date of graduation from the RBC.  If the graduate is not appointed to a qualifying peace officer position within six years, Commission Regulation 1008(b)(2) specifies that, they must successfully complete the appropriate full course, Regular Basic Course (RBC ) or Specialized Investigators Basic Course (SIBC).

Based on Cordischi’s initial graduation date of February 18, 2010, his six-year window of opportunity to be appointed as a peace officer expired on February 18, 2016, even though he completed the Requalification Course on December 18, 2015.

On March 7, 2016, 20 days after Cordichsi’s six year window closed, the San Marino PD erroneously appointed him as a full-time peace officer, which was non-compliant with Regulation 1008.

San Marino PD requests exemption from the training mandates codified in Regulation 1008 for Cordischi, which will make him eligible to be appointed as a peace officer without completing another RBC.

The Commission will hear the appeal of San Marino PD for Kevin Cordischi and render a decision at the conclusion of the Closed Executive Session.  

On March 20, 2008, Mr. Grant Cadzow successfully completed the Regular Basic Course (RBC).  On December 3, 2009, the Glendora Police Department appointed Cadzow as a Level II Reserve, where he served until January 31, 2012.  During that time Cadzow served in a volunteer capacity as a patrol officer, while under supervision.   From October 2011 to February of 2015, Cadzow served the Claremont College Campus Safety Department as a Campus Safety Officer (private, non-sworn position). On January 19, 2015, Sierra Madre PD appointed him as a Level I Reserve, eventually transitioning him to a full-time officer on February 23, 2015.  Cadzow’s appointment by Sierra Madre PD was over six years after his completion of the RBC.

Cadzow’s initial appointment was not within regulation, as Commission Regulation 1008 mandates that an individual who successfully completed the RBC may requalify by successfully completing a POST-certified Requalification Course one time within six years from the date of the course completion.  After six years, an individual who has never been appointed as a CA peace officer must successfully complete the full basic course (Academy) to requalify, regardless if the 136-hour Requalification Course was completed. POST advised Cadzow he was ineligible for an exemption to regulation since he surpassed the time limits prescribed in Regulation 1008.

Sierra Madre PD requests exemption from the training mandates codified in Regulation 1008 for Cadzow, which will make him eligible to be appointed as a peace officer without completing another RBC, or as an alternative the PD requests an exemption to the Six-Year Rule to allow Cadzow to attend a Requalification Course in lieu of completing another full RBC.

The Commission will hear the appeal of Sierra Madre PD for Grant Cadzow and render a decision at the conclusion of the Closed Executive Session.  

On April 23, 2002, Mr. David Ortiz successfully completed the Regular Basic Course (RBC). In the interim, he has never served as a California peace officer. He is currently an active duty employee of the military and is scheduled to retire in June 2017.

On January 30, 2012, Ortiz contacted POST to request an exemption from regulation mandating requalification to allow him to seek employment as a peace officer. Commission Regulation 1008 mandates that an individual who successfully completed the RBC may requalify by successfully completing a POST-certified Requalification Course one time within six years from the date of the course completion. After six years, an individual who has never been appointed as a CA peace officer must successfully complete the full basic course (Academy) to requalify, regardless if the 136-hour Requalification Course was completed. POST advised Ortiz he was ineligible for an exemption to regulation since he surpassed the time limits prescribed in Regulation 1008.

Ortiz also requested a separate exemption to allow him to complete a Basic Course Waiver (BCW) in lieu of attending the required RBC. However, completion of the BCW process is an option for meeting California's RBC (Academy) training requirement only for applicants who have not completed a CA RBC, and POST advised Ortiz that he was therefore ineligible.

POST has denied numerous subsequent appeals from Ortiz for exemption to Regulation.

Ortiz requests exemption from the training mandates codified in Regulation 1008, which will make him eligible to be appointed as a peace officer after June 30, 2017, without completing another RBC, or as an alternative he request an exemption to the Six-Year Rule to attend a Requalification Course in lieu of completing another full RBC.

If approved, Ortiz will be eligible for a peace officer appointment after a period of over fifteen (15) years since his successful graduation from RBC. The Commission will hear the appeal of David Ortiz and render a decision at the conclusion of the Closed Executive Session.

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. 

• Margaret Mims, Sheriff, Fresno County Sheriff's Department, expressing sympathy over the tragic on-duty death of Sergeant Rod Lucas.
• Adam Christianson, Sheriff, Stanislaus County Sheriff's Department, expressing sympathy over the tragic on-duty death of Deputy Dennis Wallace.
• J.R. Gamez, Chief, Redwood City Police Department, expressing sympathy over the untimely on-duty death of Officer Gerardo Silva.
• Jeff Piper, Chief, Whittier Police Department, expressing sympathy over the tragic on-duty death of Officer Keith Boyer.

• June 21 - 22, 2017 - POST, West Sacramento
• October 25 - 26, 2017 - POST, West Sacramento
• February 7 - 8, 2018 - POST, West Sacramento
• June 20 - 21, 2018 - POST, West Sacramento
• October 17 - 18, 2018 - 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 and related appeals, Second Appellate District, Case No’s B266376 and B278820.

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.

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

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

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