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AGENDA ITEM REPORT

Title: Report on Document Management Studies
REPORT PROFILE
MEETING DATE
2/13/2020
BUREAU SUBMITTING THIS REPORT
Management Counseling and Projects Bureau
RESEARCHED BY (PRINT NAME)
M. Devlin and H. Hernandez
REVIEWED BY (PRINT NAME)
Maria Sandoval
REPORT DATE
11/25/2019
APPROVED BY
Manuel Alvarez, Jr.
DATE APPROVED
01/21/20
PURPOSE
Decision Requested
FINANCIAL IMPACT
No

ISSUE:
POST staff seek approval to resubmit the following package to the Office of Administrative Law (OAL), as the OAL time constraints were not met. This is due to the package being rejected by OAL 4-6 times over the course of a year. 
BACKGROUND:

Penal Code section 13513, signed into law in 1968, states, “The Commission shall provide counseling services to police agencies when requested.” Regulation 1016, approved by the Commission the same year, defined POST’s role by including, “POST shall not charge for studies conducted by POST staff.”

POST conducts a great number of studies annually for agencies. The costs associated with studies varies greatly depending on type and depth. For example, a Property and Evidence study may take a POST Law Enforcement Consultant (LEC) 120 hours of time to travel, research and draft a report. In addition to the 120 hours for a Property and Evidence study, additional POST staff members are used to proof and approve the final the report.

In 1968, there were 332 agencies in the POST program, compared to 630 agencies as of 2018. While the number of agencies POST supports has continued to increase, POST's budget and staffing have not been proportionally increased to meet the current demand for this specific service, requiring a change to current practices in order to continue providing support to all agencies.


ANALYSIS:

POST provides a variety of studies for participating agencies, and all studies are currently provided gratis.  Studies are agency-specific, and at times require an inordinate amount of staff time and travel. Private companies often charge high fees for similar services.  For example, Property and Evidence study fees charged by a private corporation can run between $10,000 - $25,000.  Other studies range between $45,000 - $200,000 depending upon the complexity of the study and the parameters set by the requesting agency.  Due to budgetary and personnel constraints, POST thus desires to recoup part of its administrative costs for conducting studies. 

POST proposes to receive reimbursement for actual time spent by the staff member on the project (straight hourly rate of pay for the staff member), plus an 8% indirect fee to compensate for administrative expenditures (POST will absorb travel and per diem costs incurred by staff).

Should the Commission approve these changes, staff will prepare the Office of Administrative Law (OAL) package and allow for public comment.  Should POST receive no public comments which require a change to the proposed language, the changes will be submitted to OAL for review without having to return to the next Commission meeting.  Should any changes be required as a result of the public comment period or feedback from OAL, staff will return with the modified language to the Commission meeting in June 2020 for approval.
RECOMMENDATION:

Staff recommends the Commission approve the recommended changes to Regulation 1016 and charge fees as outlined in the attachment.

 
ATTACHMENT(S):
Name: Type:
Proposed_Text.Final.docx Cover Memo