• Officer Andrew Camilleri, California Highway Patrol

• Action Summary - October 26, 2017
• Meeting Minutes - October 26, 2017

The IMPACT team has reached out to current and former Command College attendees to identify emerging trends that were identified during the course of their studies.  A Command College attendee, Sacramento Police Department Captain Alisa Buckley, will be presenting the results of her research and findings.  Captain Buckley's research was titled, "If law enforcement managers receive emotional intelligence training, how will that impact line officer morale and job satisfaction by 2025".  POST representatives will then discuss the likely implications from this work on POST moving forward.  

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

Mountain View Emergency Communications no longer exists and was incorporated into the Mountain View Police Department.

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

This item reflects a status report of training courses which have been certified and decertified during the time frame of September 1 to December 31 of FY 2017-18. It also reflects the total number of certified courses and presenters of courses.

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

In 2017, the Program Chair for University of San Diego Master of Science in Police Leadership (LEPSL), Dr. Erik Fritsvold, conducted an evaluation of the POST Command College curriculum. USD staff conducted a course-by-course evaluation and determined that there was a strong overlap between the Command College curriculum and the learning and skill-based approach of the LEPSL program.

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

At the October 2017 Commission meeting, Commissioner Braziel requested a report to the Commission on the availability and status of supervisory and leadership courses available to Public Safety Dispatchers at various ranks, including inclusion of Dispatchers in the Sherman Block Supervisory Leadership Institute (SBSLI).

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

This report summarizes the requirements, stated in POST regulations, which need to be satisfied in order to become a POST-qualified Public Safety Dispatcher.  This report goes into detail about the purpose and composition of the PSD selection test battery.

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

At the October Commission meeting, Commissioner Chaplin raised the issue of California (CA) officers who have been found guilty of committing a felony relative to their ineligibility to be appointed as a peace officer. This prompted a review of POST regulations and Penal Code Section 13510.7 (amended in 2004) which mandates POST to note the EDI training profile of any California Peace Officer, upon conviction of a felony offense, with specific language regarding that individual’s ineligibility to be appointed as a peace officer.

Currently, several other states certify/license or de-certify/revoke an individual’s license to be a peace officer for a felony conviction or similar serious criminal offenses.

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

Penal Code Section 13513 outlines POST provided counseling services, relating that "upon request of a local jurisdiction, the commission shall provide a counseling service to such local jurisdiction for the purpose of improving the administration, management or operations of a police agency and may aid such jurisdiction in implementing improved practices and techniques."

Although not outlined in the Penal Code, POST provides these studies at no fee to an agency.

On average, a study may take four months of uninterrupted time dedicated by a Law Enforcement Consultant (LEC).  There are currently 21 pending study requests, with four (4) available LECs able to dedicate 50% of work time to studies.  Studies are assigned to the Management Counseling Leadership Development Bureau (MCLD).  POST will temporarily suspend Management Studies in FY 2018-19.

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

In June of 2017, the Commission approved a one year Course Certification Pilot. The pilot was designed to address specific issues with the course certification process as identified by the field.

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

The purpose of this report is to provide an update on POST efforts to advance the “Principled Policing: Procedural Justice and Implicit Bias” course and infuse the tenets of Principled Policing within a broad cross-section of POST courses and programs. Principled Policing teaches policing approaches that emphasis respect, listening, neutrality, and trust (Procedural Justice).  It simultaneously addresses the common implicit biases that can be barriers to these approaches (Implicit Bias).  Law enforcement can improve trust and relationships between themselves and their communities by using these principles to evaluate policies, procedures and training within their departments.

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

In accordance with POST Strategic Implementation Plan Objective (B.3), in May of 2017, POST entered into a contract agreement with Mission Consulting to complete an organizational analysis of POST’s systems, structures, and processes in order to ensure greater efficiency, effectiveness, and productivity in its delivery of products, training, and services to California Law enforcement agencies.

The report summarizes the completion of the project.

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

POST Staff regularly process regulatory changes at the direction of the Commission, which are then submitted to the Office of Administrative Law (OAL) for processing, public comment, and approval. This report is on the status of recent Regulatory changes the Commission has approved.

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

This report will include one document which will be utilized to inform the Commission and the public with regards to the specifics and the impacts of legislation to POST operations.

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

1. A list of enacted bills and 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 (See Attachment A).

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

The Chair of the Finance Committee will report on the results of the Finance Committee meeting held on Wednesday, February 7, 2018, in Los Angeles, California.

If the Commission concurs, the appropriate action would be a MOTION to approve the Finance Committee Report from their meeting on Wednesday, February 7, 2018.

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.

In 1998, the Commission implemented a Pilot Program to institute a voluntary instructor certification course for the Basic Academy. The program which was codified into regulation as the Academy Instructor Certificate Program (AICP), includes the foundational Academy Instructor Certification Course (AICC) and became mandatory in 2008 for academies, and mandatory for all modular Regular Basic Course (RBC) presenters in 2011.  Currently, all instructors must meet AICP requirements prior to providing instruction.

Although the regulatory intent of AICP was to train academy instructors, due to the excellent level of training it evolved into one the most desired instructor development courses for many non-academy California law enforcement training programs, even becoming a pre-requisite for appointment as an instructor by training organizations. As a result, the costs for presentation have exceeded the capacity of POST’s budget to support non-academy AICP training, necessitating a reduction in POST reimbursement for AICP. Due to the reductions in reimbursement, RBC presenters have expressed concern over meeting pre-service training mandates regarding AICP, as well as operational difficulties meeting the specific requirements of the mandatory program.

POST staff recommend a modification to Regulation 1009, to remove the pre-service AICP mandate and instead implement a requirement that the instructor complete AICP within 12 months of appointment as an RBC instructor, or as an alternative, return AICP to a voluntary program as it was originally designed.

If the Commission concurs, the appropriate action would be a MOTION to authorize the Executive Director to pursue the proposed changes through the Office of Administrative Law process.  If there is no request for a public hearing, the changes will become effective July 1, 2018.    

Funding for the Commission on Peace Officer Standards and Training (POST) was created in the State Treasury by enabling legislation, California Penal Code (PC) 13520, for the costs of administration and for grants to local governments. The reimbursement program is structured in five different plans that provide reimbursement to local jurisdictions for a combination of costs (e.g. per diem, travel, tuition, and backfill) associated with training, which can only be adjusted by formal authorization of the Commission and Office of Administrative Law (OAL). There is also a Plan (Plan NA) that does not provide any reimbursement, but which allows a presenter to offer a course to meets specific needs.

Pursuant to existing regulation the Executive Director or his designee cannot adjust reimbursement commensurate with fluctuating budget allocations and revenues, which have occurred in recent fiscal years. To address this challenge POST staff are developing a new series of Reimbursement Plans that will ensure staff have the capability to ensure consistency in distribution of monies to the field, allow for reimbursement levels to be more flexible to address future fluctuation in revenue, and provide staff with a better opportunity to address unique training needs and hardships for specific stakeholders and regions.

This process is consistent with the direction of the legislature in PC 13523, as well as Regulation 1015 and Procedure E - 1, which codifies Reimbursement is based upon fund availability as approved by the Commission.

If the Commission concurs, the appropriate action would be a MOTION to authorize the Executive Director to pursue the proposed regulation and procedure changes through the Office of Administrative Law process.

POST is proposing a pilot program to determine if changes to the basic course certification and course presentation processes are feasible. The pilot would enhance training by including blocks of instruction on Procedural Justice, Tactical Medicine, Rifle Training and De-escalation Techniques. Students would be required to obtain EMSA approved First Aid/CPR/AED training prior to the start of the basic course or prior to basic course completion, as Learning Domain 34, First Aid/CPR/AED, would be removed.

If the Commission concurs, the appropriate action would be a MOTION to approve the Basic Course Pilot Program.  

POST has experienced two large compromises of POST-developed test material in its recent history. The first occurred in 2003, and the second in 2010. Since 2010, POST incurred a cost of approximately $3.5 million to replace the compromised test material. The basic academies test development and management processes involve the use of subject matter expert groups to ensure the accuracy and validity of the material being tested, and POST staff to ensure statewide applicability.

In June of 2016 the Commission approved a more innovative methodology for testing in the basic courses. The changes eliminated written testing of specific, individual learning domains that are more extensively covered throughout the new multi-dimensional Learning Objective tests and basic course required scenario tests and learning activities. While POST does not directly test these learning domains, they do contain foundational information built upon by the learning domains that are being tested in the multi-dimensional Learning Objective tests.

If the Commission concurs, the appropriate action would be a MOTION to approve the changes as described in the staff report. If no one requests a public hearing, the changes will become effective July 1, 2018.

As part of an ongoing process, current regulations and procedures related to basic courses are reviewed to determine if revisions are necessary.

In order to ensure the continued confidentiality of POST-developed test material during the online testing process, allow access to the completed scenario test matrix documents, and clarification of security policy development terms, revisions have been made to Commission Regulations 1005, 1007, 1008, 1052, and the Test Management and Security Protocols 2018.

Revision examples include:

• Changing the term "guideline" to "requirement" for security policy development purposes  
• Removing the requirement presenters destroy completed scenario matrix documents within 10 days of the conclusion of the course
• Adding a secure web browser option for online testing

If the Commission concurs, the appropriate action would be a MOTION to approve the staff recommended modifications to the Basic Courses Test Management and Security Protocols 2018, and Commission Regulations 1005, 1007, 1008, and 1052.  If no public comment is requested the changes will be effective July 1, 2018.

POST Regulation 1005(a)(2) requires each newly appointed District Attorney Investigator to complete the Investigation and Trial Preparation course within 12-months of hire.  The requirements for the course are outlined in PAM Section D-14, including the title of the course, testing on the learning objectives in specific Learning Domains, and a minimum course length of 80 hours.

A review of the course content by Subject Matter Experts has determined the minimum course length should be reduced to 40 hours, tested learning objectives should transition to different Learning Domains based on the reduction of content, and the course retitled "District Attorney Investigator Transition Course" to more accurately reflect course content. 

If the Commission concurs, the appropriate action would be a MOTION to authorize the Executive Director to pursue the proposed regulation changes through the Office of Administrative Law process.  If not public comment is requested, the proposed regulations will become effective July 1, 2018.

The Advisory Committee Chair will report on the results of the Advisory Committee meeting held on Wednesday, February 7, 2018, in Los Angeles, California.

If the Commission concurs, the appropriate action would be a MOTION to accept the report from the Advisory Committee meeting held on Wednesday, February 7, 2018.

To POST from:

• Van Ton-Quinlivan, Executive Vice Chancellor, California Community Colleges Chancellor's Office, requesting the re-appointment of George Beitey, Dean, School of Public Safety at San Diego Miramar College.

From POST to:

• Warren Stanley, Acting Commissioner, California Highway Patrol, expressing deep sympathy over the tragic on-duty death of Officer Andrew Camilleri.

• John McMahan, Sheriff, San Bernardino County Sheriff's Department, expressing deep sympathy upon the tragic death of Deputy Lawrence Falce.

California Community Colleges Chancellor's Office, Executive Vice Chancellor, Van Ton-Quinlivan, recommends that Advisory Committee Representative, George Beitey, be reappointed to the POST Advisory Committee.

If the Commission concurs, the appropriate action would be a MOTION to approve George Beitey, Community Colleges Chancellor's Office be reappointed to the POST Advisory Committee.

• 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)   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)].