Meetings
 
 
Print
AGENDA ITEM REPORT

Title: Report on Proposed Changes to Commission Regulation 1005 - Minimum Standards for Training
REPORT PROFILE
MEETING DATE
10/18/2018
BUREAU SUBMITTING THIS REPORT
Training Delivery and Compliance Services Bureau
RESEARCHED BY (PRINT NAME)
Charles Sandoval
REVIEWED BY (PRINT NAME)
Ralph Brown
REPORT DATE
09/07/2018
APPROVED BY
Manuel Alvarez, Jr.
DATE APPROVED
09/24/2018
PURPOSE
Decision Requested
FINANCIAL IMPACT
No

ISSUE:
Should the Commission approve, subject to the Notice of Proposed Regulatory Action process, the proposed changes to Regulation 1005 (d)(4), removing language relating to “individuals assigned to patrol, traffic, or investigation who routinely effect the physical arrest of criminal suspects" for completion of Perishable Skills and Communications training,” as specified in this report?
BACKGROUND:

Regulation 1005 (d)(4) was enacted to ensure that specific classifications of peace officers would be required to complete manipulative skills training with the Perishable Skills Program (PSP). The section is clear as to the rank and individuals this applies to; however, specific language dealing with the assignment of the officer and the wording of “routinely” has created confusion in the field.

The regulation has been subject to interpretation, causing some agencies to opine that specific classifications of peace officers are not required to attend PSP training based solely on assignment, and not the nature of the job those individuals perform.

The regulation also lists three specific assignments of patrol, traffic or investigation, which creates questions as to why just those three assignments are specifically mentioned. Wording also currently allows those individuals to be exempted from all PSPs, including driver training, tactical firearms, and communication, not solely the arrest and control component of perishable skills.

POST staff is frequently asked to clarify whether certain individuals can be exempt from the PSP requirements based on a variety of situations.  Staff often must interpret the intent and meaning of this section, on a case-by-case situation, causing some inconsistency among various agencies.

A process currently exists for an agency to request all staff to be exempted on a specific perishable skill, based on the function of that agency, requiring written approval by the Executive Director of POST. An example would be a District Attorney Investigation agency who drives vehicles not equipped with emergency equipment could request an exemption to the driving PSP.

ANALYSIS:

The proposed changes to Commission Regulation 1005 (d)(4) (Attachment A) will clarify the language related to the assignment of the peace officer and the word “routinely.”

This modification will remove the ambiguity of the word “routine” and make it easier for an agency and POST staff to correctly interpret the regulation, and apply the section to those individuals within the organization that it was meant for.

The proposal will require all levels of peace officers below the rank of middle management to complete all portions of the PSP requirements, as was the original intent of this regulation.

Agencies will still be allowed to ask for specific exemptions in writing based on job duties as the current practice is today.  POST staff will no longer be required to interpret this section, resulting in a more consistent application across the state.

RECOMMENDATION:
Staff recommends that the Commission approve amendments to California Code of Regulations 1005 (d)(4) as described in this report, subject to the Notice of Proposed Regulatory Actions.  If the Commission concurs, the changes will become effective for the 2019-2021 Continuing Professional Training (CPT) cycle.
 
ATTACHMENT(S):
Name: Type:
Attachment_A_Text_of_Proposed_Regulatory_Action_1005_(d)(4).docx Cover Memo