| | | | | | | | | POST COMMISSION MEETING Commission on POST, 860 Stillwater Road, Suite 100, West Sacramento, CA 95605
June 21, 2018
AGENDA 9:30 AM | | |
| | | |
| | | | | | | | CALL TO ORDER AND WELCOME | | | | |
| | | | | | | | Commission Members | | | | |
Rick Braziel - Vice Chair |
Lai Lai Bui - Little |
Thomas Chaplin |
Richard Delarosa |
Barry Donelan |
Robert Doyle |
Joyce Dudley - Chair |
Kevin Gardner |
Geoff Long |
John McMahon |
Jethroe Moore, II |
James O'Rourke |
Batine Ramirez |
Laurie Smith |
Walter Vasquez |
Vacant - Rank and File |
| | | | |
| | | | | | | | COLOR GUARD AND FLAG SALUTE | | | | |
| | | | | | | | The Color Guard will be provided by the Youth Color Guard from the 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 Greggory Casillas, Pomona Police Department
- Deputy Ryan Zirkle, Marin 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. | | | |
| | | | | | | | Anne Kirkpatrick, Chief, Oakland Police Department, will provide opening remarks. | | | | |
| | | | | | | | 2017 POST Excellence in Training and O.J. "Bud" Hawkins Awards will be presented to the recipients. | | | | | | | | | |
| | | | | | | | 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 the Commission cannot take action on items not on the agenda. | | | |
| | | | | | | | EXECUTIVE DIRECTOR COMMENTS | | | | |
| | | | | | | | The Commission Chair will introduce POST Executive Director, Manny Alvarez. | | | | |
| | | | | | | |
APPROVAL OF ACTION SUMMARY AND MINUTES | | | |
| | | | | | | | A. | Approval of the Action Summary and Minutes of the previous Commission meeting. | | | | |
| | | | | | | | | Action Summary and Minutes from the last Commission meeting. | | | | | | The following are submitted for Commission approval:
| | | | |
| | | | | | | | | If the Commission concurs, the appropriate action would be a MOTION to approve the Action Summary and Meeting Minutes from the last Commission meeting. | | | | |
| | | | | | | | | The IMPACT (Investigating/Mitigating Progressive And Critical Trends) Team is a group of employees formed in December 2015 and consists of one Bureau Chief, and seven 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.
At the Commission meeting held in West Sacramento on October 27, 2016, the Commission requested POST staff establish and compile an emerging issues report to be presented at subsequent Commission meetings. At the conclusion of the October Commission meeting, POST staff assigned responsibility for identifying and evaluating emerging trends to the existing IMPACT Team at POST. | | | | |
| | | | | | | | | 1. | Report on Emerging Trends in Basic Training at Academies | | | | | | | The Investigating/Mitigating Progressive and Critical Trends (IMPACT) team has consulted with the Basic Training Bureau to identify emerging trends at the academy level.
This report will summarize the information gained by the IMPACT team regarding how academies are exploring different approaches to better connect with academy students and enhance learning through the academy experience.
Some of the items to be shared are:
- Pre-Academy Physical Fitness
- Student Workbook Curriculum at the beginning of the academy
- Manipulative Skills following Student Workbook Curriculum
This report is presented for information only. No action is required. | | | | |
| | | | | | | | | 1. | Report on the Course Certification Statistics From 1/1/18 to 4/30/18 | | | | | | | This item reflects a status report of training courses which have been certified and decertified or modified during the time frame of January 1 to April 30 of FY 17/18. It also reflects the total number of certified courses and presenters.
This report is presented for information only. No action is required.
| | | | | | 2. | Report on POST Reimbursable Program Obsolete Agency - Modoc County District Attorney | | | | | | | POST recommends the now defunct Modoc County District Attorney be reflected as obsolete.
This report is provided for information only. No action is required. | | | | | | 3. | Report on POST Reimbursable Program - New Agency - Val Verde Unified School District Police Department | | | | | | | The Val Verde Unified School District Police Department is seeking entry into the POST Reimbursable Peace Officer Program for its peace officers.
This report is presented for information only. No action is required. | | | | | | 4. | Report on Proposed Regulation for POST to Conduct Pilot Programs | | | | | | | POST proposes revisions to Regulation 1052(g) allowing pilot programs relating to basic courses and other POST training programs.
This report is presented for information only. No action is required. | | | | | | 5. | Report on POST Proposed Regulatory Actions/Status | | | | | | | This agenda item provides an update on proposed regulation changes reviewed and/or approved by the Commission since the February 2018 meeting.
This report is presented for information only. No action is required.
| | | | | | 6. | Report on Legislative Updates | | | | | | | 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:
-
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. | | | | |
| | | | | | | | D. | Financial Report | | | | | | The chair of the Finance Committee will report on the results of the Finance Committee meeting held on Wednesday, June 20, 2018, in West Sacramento, California.
If the Commission concurs, the appropriate action would be a MOTION to approve the Finance Committee Report from their meeting on Wednesday, June 20, 2018, in West Sacramento. | | | | |
| | | | | | | | E. | Report on Proposed Changes to the Training and Testing Specifications for Peace Officer Basic Courses | | | | | | 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, or to improve student learning and evaluation.
The proposed changes affect the following Learning Domains:
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 February 1, 2019. | | | | | F. | Report on Revision of Commission Regulations 1070 and 1082 in Relation to the First Aid/CPR/AED Instructor Course | | | | | | The California Emergency Medical Services Authority (EMSA), which establishes First Aid/CPR training standards for public safety personnel, has approved revisions to the California Code of Regulations, Division 9, Title 22, Chapter 1.5 First Aid Standards for Public Safety Personnel, that significantly increases the level of skills to be taught to peace officers.
If the Commission concurs, the appropriate action would be a MOTION to approve the proposed changes to POST Regulations 1070 and 1082 - First Aid/CPR/AED Instructor Course. | | | | | G. | Report on Proposed Changes to the Basic Course Waiver Application Form | | | | | | The proposed changes include making updates to the Basic Course Waiver application form as part of an ongoing review.
If the Commission concurs, the appropriate action would be a MOTION to approve the proposed changes to the Basic Course Application form. | | | | |
| | | | | | | | H. | Report on Proposed Changes to Commission Regulation 1015 and Procedure E - 3, Reimbursment for Training | | | | | | Commission Regulation 1015 and Procedure E - 3, Reimbursement Rates outline the training reimbursements rates law enforcement agencies may claim on a Training Reimbursement Request (TRR). Training Reimbursement Rates are based on State employee reimbursement rates as agreed upon in Bargaining Unit Contracts.
In an effort to maintain consistency with the State, POST staff recommends removing specific reimbursement amounts, and replacing them with a direct link to the California Department of Human Resources (CalHR) website.
If the Commission concurs, the appropriate action would be a MOTION to approve the proposed changes to Commission Regulation 1015 and Procedure E - 3. | | | | | I. | Report on Request to Amend Regulation 1015 and Procedure E, Regional Training Rembursement | | | | | | Current Regulation and Procedures regarding reimbursement do not provide the Executive Director, or his/her designee, the flexibility to adjust reimbursement levels commensurate with the needs of the field to accommodate lower cost, regional training,within the limitations related to decreasing revenue realized by POST.
To remedy this challenge, POST staff propose establishment of an additional Plan VI (Regional Training Plan), which will allow POST to more effectively distribute monies to assist those agencies that have struggled to meet training mandates and needs due to agency budget reductions, as well as those agencies in comparatively remote regions of California that lack proximity to training courses.
If the Commission concurs, the appropriate action would be a MOTION to authorize the Executive Director to pursue the proposed changes to Regulation 1015 and Procedure E through the Office of Administrative Law process.
| | | | | J. | Report on the Proposal to Charge Fees for Various Services | | | | | | POST proposes charging fees for certain services, as well as increasing existing fees for specific POST services. With an ever decreasing budget and increasing workload assignments, POST will attempt to recoup costs associated for Management Studies and Professional Certificates by charging nominal fees. As addressed in a separate agenda item, POST will request an increase to fees charged for Basic Course Waiver applications. POST will expand and simplify the existing ability for non-California POST law enforcement agencies to access Learning Portal/DVD training for a fee (California POST agencies will continue to have free unlimited access to Learning Portal/DVD training). POST will charge a meeting/training room usage fee for non-law enforcement agencies (local, state, and federal law enforcement agencies will continue to have free unlimited access to POST training rooms).
This agenda item is specific to Regulation 1016 - Management Studies, which requires authority modification and authority from the POST Commission to charge fees.
If the Commission concurs, the appropriate action would be a MOTION to authorize the Executive Director to develop proposed language to modify Commission Regulation 1016.
| | | | |
| | | | | | | | STANDARDS, EVALUATIONS, AND RESEARCH BUREAU | | | | |
| | | | | | | | K. | Report on Proposed Changes to Commission Regulations 1953 and 1955 for Interim Chiefs and Background Investigations | | | | | | At the October 2017 meeting, the Commission approved a change to Commission Regulation 1953: Peace Officer Background Investigation allowing updated background investigations for interim chiefs of police who meet specific requirements, however, the update requirements were not specified. The proposed amendment to Commission Regulation 1953 will specify the requirements for the updated background investigation, which will include information collected from the time of the initial complete (full) background to the current appointment date.
Commission Regulation 1955(b): Peace Officer Psychological Evaluation requires psychologists who conduct peace officer evaluations to complete an initial six hours of POST-approved continuing professional education (CPE) training prior to conducting evaluations. Currently, psychologists can take any of the training included on the POST-approved CPE course list. Although the list contains a wide-variety of courses relevant to peace officer screening, very few provide a foundation for conducting peace officer screening.
The proposed regulation change would mandate completion of the POST Peace Officer Psychological Screening Manual review and on-line exam, prior to conducting evaluations, and remove the current six hour CPE requirement. Completion of the manual review and exam will provide the psychologist with eight hours of CPE credit, which can also be used to meet the psychologists continuing education requirement for licensure.
Requiring this training will help to ensure that the psychologist has a basic foundation for conducting these types of evaluations as provided in Commission Regulation and Government Code section 1031(f). The proposed regulation will also require that the psychologist complete any POST-developed on-line update training, as necessary. The mandatory update training will be offered on-line, must be completed within two years of implementation and will be credited toward the current 12 hour biennial CPE requirement.
These changes will help to ensure POST has the ability to immediately address any emerging trend or topic, and that psychologists tasked with evaluating peace officer candidates have the most relevant and current information for conducting evaluations in accordance with Commission regulations and Government Code section 1031(f).
If the Commission concurs, the appropriate action would be a MOTION to approve the proposed changes to POST Regulations 1953 and 1955 through the Office of Administrative Law (OAL) process. | | | | |
| | | | | | | | TRAINING PROGRAM SERVICES BUREAU | | | | |
| | | | | | | | L. | Report on Course Certification Pilot Program and Request for Extension | | | | | | In June of 2017, the Commission approved a one-year Course Certification Pilot Project. The pilot was implemented in July of 2017 and will continue through June of 2018. POST staff requests Commission approval to extend this project for twelve months until Regulation 1052 has been updated. This will allow POST staff to propose regulation changes, comply with the Office of Administrative Law (OAL) timeline, and continue pilot course certifications for presenters during the OAL process.
Since the approval of the one-year Course Certification Pilot Project, presenters have overwhelmingly described the process as faster, more efficient and user friendly. Feedback surveys have allowed POST staff to address minor concerns, and continually improve the process.
The Computer Services Bureau completed test versions of the Instructor Resume Manager and Instructor Resume Builder. These tools are currently being field tested by a limited number of agencies.
POST staff will continue to monitor the progress of the pilot. Information from the surveys will be used to guide proposed changes to POST Regulations.
If the Commission concurs, the appropriate action would be a MOTION to authorize the Executive Director to extend the Course Certification Pilot Project for twelve additional months and through the OAL regulation update timeline. This extension would include the evaluation of a Safety Attestation for manipulative skills training courses. | | | | | M. | Report on Request to Amend Contracts for the Robert Presley Institute of Criminal Investigation, the Sherman Block Supervisory Leadership Institute, and Command College | | | | | | In February of 2018, the Commission approved contracts for the Robert Presley Institute of Criminal Investigations (ICI), the Sherman Block Supervisory Leadership Institute (SLI), and Command College (CC). The contract amounts were reflective of the anticipated POST FY 2018-19 budget and represented significant decreases to the program budgets of FY 2017-18.
Since February 2018, a POST budget enhancement specifically intended to increase course offerings for ICI, SLI, and CC has evolved and is contingent on the approval of the Legislature and Governor's Office. In the event of the budget enhancement, Commission approval at the June 2018 Commission meeting to amend the budgets for ICI, SLI, and CC would expedite training delivery to law enforcement personnel.
If the Commission concurs, the appropriate action would be a ROLL CALL VOTE to authorize the Executive Director to amend the contracts for ICI, SLI, and Command College if the Governor's May Revised budget is approved by the Legislature. | | | | |
| | | | | | | | N. | Advisory Committee | | | | | | The Advisory Committee Chair will report on the results of the Advisory Committee meeting held on Wednesday, June 20, 2018, in West Sacramento, California.
If the Commission concurs, the appropriate action would be a MOTION to accept the report from the Advisory Committee meeting held on Wednesday, June 20, 2018, in West Sacramento. | | | | |
| | | | | | | | O. | The following correspondence was sent from POST: | | | | | | From POST to:
- Michael Olivieri, Chief, Pomona Police Department, expressing deepest sympathy for the tragic on-duty death of Officer Greggory Casillas.
- Robert Doyle, Sheriff, Marin County Sheriff's Department, expressing deepest sympathy for the tragic on-duty death of Deputy Ryan Zirkle.
| | | | |
| | | | | | | | P. | The following item is submitted for discussion: | | | | | | At the February 8, 2018, Commission meeting, the Commission decided to delay the discussion of the following item until the June 2018 meeting.
- Nomination of Reappointment of George Beitey to the POST Advisory Committee.
If the Commission concurs, the appropriate action would be a MOTION to approve the reappointment of George Beitey to the POST Advisory Committee. | | | | |
| | | | | | | | Q. | New Business items to discuss at this meeting: | | | | | |
- Future Commission Meeting dates.
- Request re-appointment to the POST Advisory Committee:
- Mark Brunet, California Highway Patrol (CHP)
- Bradley Young, California Association of Administration of Justice Educators (CAAJE)
| | | | |
| | | | | | | | R. | Upcoming Commission meetings will be held: | | | | | |
- October 17 - 18, 2018 - POST, West Sacramento
- February 20 - 21, 2019 - POST, West Sacramento
- June 19 - 20, 2019 - POST, West Sacramento
- October 23 - 24, 2019 - POST, West Sacramento
| | | | |
| | | | | | | | S. | 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) Jeremy Maurer v. Commission on Peace Officer Standards and Training, Sacramento Superior Court, Case No 34-2018-80002807.
b) 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.
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)].
a) Outside investigation of alleged EEO concerns. | | | | |
|