| | | | | | | | | POST COMMISSION MEETING Commission on POST, 860 Stillwater Road, Suite 100, West Sacramento, CA 95605
October 18, 2018
AGENDA 9:30 AM | | |
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| | | | | | | | 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 |
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| | | | | | | | COLOR GUARD AND FLAG SALUTE | | | | |
| | | | | | | | The Color Guard will be provided by the California Highway Patrol. | | | | |
| | | | | | | | 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 Kirk Griess, California Highway Patrol
- Deputy Mark Stasyuk, Sacramento County Sheriff's Department
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| | | | | | | | 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. | | | |
| | | | | | | | Jennifer G. Tejada, Chief, Emeryville Police Department, will provide opening remarks. | | | | |
| | | | | | | | 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. | | | | |
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APPROVAL OF ACTION SUMMARY AND MINUTES | | | |
| | | | | | | | A. | Approval of the Action Summary and Minutes of the previous Commission meeting. | | | | |
| | | | | | | | | Approval of the Action Summary and Minutes of the previous Committee meeting. | | | | | | | | | | |
| | | | | | | | | 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 at the Executive Level: Mindful Policing | | | | | | | Emerging trends will be addressed by Chief Jennifer Tejada in Opening Remarks. | | | | |
| | | | | | | | D. | Financial Report | | | | | | The chair of the Finance Committee will report on the results of the Finance Committee meeting held on Wednesday, October 17, 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, October 17, 2018, in West Sacramento. | | | | |
| | | | | | | | E. | Report on Academy Instructor Certificate Program | | | | | | At the February 8, 2018, meeting the Commission approved the removal of the pre-service AICP completion mandate to allow Basic Academy instructors to satisfy the AICP requirement within 12 months from the date of promotion, appointment, or transfer.
POST staff clarified regulatory language (Attachment A) to more clearly articulate the point when the 12-month period commences.
If the Commission concurs, the appropriate action would be a MOTION to approve the proposed changes to the Academy Instructor Certificate Program. | | | | | F. | Report on Current Requirements for the Basic Courses' Manipulative Skills Testing, Remedial Training, and Retesting | | | | | | This is a report on current requirements for the basic course's manipulative skills testing, remedial training, and retesting, presented as information only for the Commission. The report reviews possible alternatives and their potential effects, and includes course presenter comments.
If the Commission concurs, the appropriate action would be a MOTION to approve the proposed changes to the Current Requirements for the Basic Courses' Manipulative Skills Testing, Remedial Training, and Retesting.
| | | | | G. | 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.
If the Commission concurs, the appropriate action would be a MOTION to approve the proposed changes to the Training and Testing Specifications for Peace Officer Basic Courses. | | | | |
| | | | | | | | H. | Report on Commission Regulation 1052, Requirements for Course Certification | | | | | | Currently, Regulation 1052(g), does not outline a clear process for pilot program implementation. In order to better serve law enforcement, the community, and stay ahead of emerging and contemporary issues, POST is proposing changes to the regulation that will clarify the process for implementing a pilot program. The proposed changes would allow POST’s Executive Director to provide initial internal authorization for a pilot program, followed by final review and approval from the Commission, involving various changes to certification, regulation, course content and/or hours, in order to determine if the proposed changes would be effective and beneficial to the field.
If the Commission concurs, the appropriate action would be a MOTION to approve the proposed changes to the Regulation 1052, Requirements for Course Certification.
| | | | | I. | Report on Request for Guidance and Direction on Advisory Committee | | | | | | The POST Advisory Committee was created to serve as the Commission’s delegate to provide input on many complex issues. The Advisory Committee represents a diverse array of major stakeholders, including the major associations and organizations within California’s law enforcement community, elected officials, as well as educators and public members. The purpose of the Advisory Committee is to provide the Commission with input regarding critical topics that may affect law enforcement standards and training, and to provide insight with respect to the contemporary and emerging trends for the Commission to evaluate in making its decisions.
This item is presented to generate discussion in order to assess the efficacy of the Advisory Committee, whether the composition should be modified, or if the service delivery model should be adjusted to best meet the needs of the Commission and CA law enforcement.
The Advisory Committee was created by the Commission, and its members serve 3-year terms at the pleasure of the Commission. The Advisory Committee is not required by regulation or legislation.
If the Commission concurs, the appropriate action would be a MOTION to approve the proposed changes to the Request for Guidance and Direction on Advisory Committee.
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| | | | | | | | MANAGEMENT COUNSELING AND PROJECTS BUREAU | | | | |
| | | | | | | | J. | Report on Document Management Studies | | | | | | Should the Commission approve the proposed fee structure (see attachment) for recovering costs associated with conducting Management Studies?
If the Commission concurs, the appropriate action would be a MOTION to approve the proposed changes to the Document Management Studies. | | | | |
| | | | | | | | STRATEGIC COMMUNICATIONS AND RESEARCH BUREAU | | | | |
| | | | | | | | K. | Report on Proposed Changes to the Law Enforcement Code of Ethics | | | | | | The Law Enforcement Code of Ethics, which is administered to both academy recruits and newly appointed peace officers, affirms that officers will serve their communities while protecting the Constitutional rights of all, and will act in a manner consistent with law and departmental policies and do so ethically and without undue influence. Although the Code of Ethics has remained relatively consistent over the last five decades, there is a need to review the language to ensure that it remains relevant and inclusive of all who serve as peace officers, and those who are served by California law enforcement.
If the Commission concurs, the appropriate action would be a MOTION to approve the proposed changes to the Law Enforcement Code of Ethics. | | | | |
| | | | | | | | TRAINING DELIVERY AND COMPLIANCE BUREAU | | | | |
| | | | | | | | L. | Report on Proposed Changes to Commission Regulation 1005 - Minimum Standards for Training | | | | | | Regulation 1005 requires all peace officers (except reserve officers and jail deputies) below the middle management position and assigned to patrol, traffic, or investigation who routinely effect the physical arrest of criminal suspects to complete Perishable Skills and Communications training.
This Regulation section was enacted to ensure that specific classifications of peace officers would be required to complete critical skills training designed around competencies that are critical to officer and public safety, as well as areas with high liability exposure.
However, the limiting language regarding specific assignments, as well as the term "routinely" have led to difficulties in interpretation of the regulation.
POST staff seeks to add clarity to the regulation by removing references to specific assignment, as well as the term "routinely."
If the Commission concurs, the appropriate action would be a MOTION to approve the proposed changes to the Regulation 1005 - Minimum Standards for Training. | | | | | M. | Report on the Status to Implement Commission Direction Related to Training Presented by the California Association of Tactical Trainers, Formerly Known as International Training Resources | | | | | | Since 2011, when POST staff learned of an injury to a student during the presentation of a training course (CC 1025-33566), staff has been periodically reporting, as mandated by the Commission in 2012, on the status of course presentations by the California Association of Tactical Trainers (CATT, formerly known as International Training Resources).
Due to compliance with Commission mandates by CATT, staff is requesting that the requirement of periodic reporting to the Commission be discontinued.
If the Commission concurs, the appropriate action would be a MOTION to approve the proposed changes to the Status to Implement Commission Direction Related to Training Presented by the California Association of Tactical Trainers, Formerly Known as International Training Resources. | | | | |
| | | | | | | | N. | Advisory Committee | | | | | | The Advisory Committee Chair will report on the results of the Advisory Committee meeting held on Wednesday, October 17, 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, October 17, 2018, in West Sacramento. | | | | |
| | | | | | | | O. | The following correspondence was sent from POST: | | | | | | From POST to:
- Warren A. Stanley, Commissioner, California Highway Patrol, expressing deepest sympathy for the tragic on-duty death of Officer Kirk Griess.
- Scott Jones, Sheriff, Sacramento County Sheriff's Department, expressing deepest sympathy for the tragic on-duty death of Deputy Mark Stasyuk.
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| | | | | | | | P. | The following items are submitted for discussion: | | | | | |
At the June 21, 2018 Commission meeting, the Commission decided to delay the discussion of the following items until the October 2018 meeting:
- Nomination of Reappointment of George Beitey, California Community College, to the POST Advisory Committee.
- Nomination of Reappointment of Chief Mark Brunet, CHP, to the POST Advisory Committee.
If the Commission concurs, the appropriate action would be a MOTION to approve the reappontments of George Beitey and Mark Brunet to the POST Advisory Committee. | | | | |
| | | | | | | | Q. | Appointment of Replacement Representative to the Advisory Committee: | | | | | |
- Request to appoint Professor Kathy Oborn, M.S., President, California Association of Administration of Justice Educators (CAAJE) to the Advisory Committee as replacement representative for Bradley J. Young.
- Request to appoint Phillip (PJ) Webb, Los Angeles School Police Sergeant, to the Advisory Committee by Brian Marvel, President, Peace Officers Research Association of California (PORAC).
If the Commission concurs, the appropriate action would be a MOTION to approve the appointment of Professor Kathy Oborn, President, CAAJE, and Phillip (PJ) Webb, LA School Police Sergeant. | | | | |
| | | | | | | | R. | Upcoming Committee Meetings: | | | | | |
February 20-21, 2019 – San Bernardino Santa Fe Depot, San Bernardino
May 29-30, 2019 – POST, West Sacramento
October 23-24, 2019 – POST, West Sacramento
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| | | | | | | | 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) Alice Cotti and Vladimir Serdyukov v. California Department of Social Services et al, United States District Court, Northern District, Case No. 5:18-CV-02980 BLF.
b) 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 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)]. | | | | |
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