• Sergeant Steve Licon, California Highway Patrol 
• Officer Kenneth Utsinger, Montebello Police Department

• Action Summary - February 21, 2019
• Meeting Minutes - February 21, 2019

The IMPACT team has asked staff from the Learning Technology Resources Bureau (LTR) to present emerging trends in self-paced training for law enforcement on the POST Learning Portal.

POST staff Catherine Bacon-Davis, Information Technology Specialist, and Rayanne Rogers, Information Technology Specialist, will highlight the last two self-paced courses produced by LTR and introduce projects and trends LTR will be exploring for future courses and tools.

 Some of the items to be shared are:

• Leveraging proven learning, evaluation, and performance support activities for future LTR projects based on feedback from the field.
• Exploring Micro-learning, Augmented Reality, Artificial Intelligence, and Virtual Reality solutions as applicable to training and performance support.
  
• Reinforcing procedural justice, de-escalation, self-care, and other concepts in learning and evaluation activities.
  

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 or modified during the time frame of 1/1/19-4/30/19. It also reflects the total number of certified courses and presenters of courses.

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

The Los Angeles City Department of General Services has been disbanded and is no longer part of the POST Program.

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

Los Angeles City Housing Authority has been disbanded, and is no longer part of the POST Program.  

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

At the direction of the Commission, in FY 18/19 POST initiated a pilot program to incorporate dispatch supervisors into two SLI presentations. Three dispatch supervisors were added to each class. This report provides feedback on that pilot program from the students, facilitators, and the dispatch supervisors involved in SLI Classes 419 and 420, which have since graduated. The feedback was authorized by the dispatch supervisors to be referenced in this agenda item.

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

The Commission has asked for staff to present ongoing reports on the status of regulatory actions once they have been approved by the Commission.  This report reflects the progress of such actions as they move through the regulatory process.

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 regard to the specifics and the impacts of legislation to POST operations.

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

A legislative update and list of bills of interest for the 2019-20 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, May 29, 2019, 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, May 29, 2019, in West Sacramento. 

This is a report on the current status of the Basic Course Pilot project.  The work involved in the project included identifying academies willing to participate in a pilot. Three academies agreed to participate in the project. The work involved in developing and evaluating the revised training included:

• Establishing subject matter and other technical experts
• Developing and revising Training and Testing Specifications to include Principled Policing, De-escalation, and Tac-Med
• Updating Student Workbooks
• Assessing the amount of time required to complete the training

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

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.

As part of an ongoing process, staff reviews regulations and procedures related to basic courses to determine if revisions are necessary.  POST staff has revised Commission Regulation Procedure D-1 to include presenters notifying POST when there is an abnormal amount of test failures.  In addition presenters are required to notify a trainee's agency of an initial test failure.

If the Commission concurs, the appropriate action would be a MOTION to approve the specified changes to Regulation Procedure D-1. 

Only proposed changes to the Basic Course Waiver application and Regulation 1005 Minimum Standards for Training is related to fee increase and Training Requirements regarding reserve modules A, B, & C courses.

If the Commission concurs, the appropriate action would be a MOTION to approve the changes to the Basic Course Waiver application and Regulation 1005 as described in the staff report. If no one requests a public hearing, the changes will become effective October 1, 2019.

Request to add and increase contracts for Basic Academy Driver Training (EVOC).

If the Commission concurs, the correct action would be a ROLL CALL VOTE to approve an increase to contracts for Basic Academy Driver Training (EVOC). 

The Law Enforcement Code of Ethics, which is administered to both academy students 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. The matter was discussed at the October 18, 2018 and February 1, 2019 meetings. 

Analysis of the February 2019 meeting minutes reveals the Commission formally voted to remove the term "mankind" and to retain the term "before God," but no vote was taken on the term "men." Therefore, the Commission needs to formally vote on removal of the word “men” to properly remove that specific term, if it so desires, and this agenda item addresses the need for a follow-up formal vote.

POST staff are position neutral on this matter, and therefore neither supports nor does not support this consideration.

In 2017, the Commission authorized the Executive Director to enter into contracts with various qualified vendors for the development of Learning Portal courses and tools in an amount not to exceed $1.8 million.  The Learning Technology Resources Bureau is requesting to renew the authorization for another two-year period in an amount not to exceed $1.8 million.

Should the Commission concur, the correct action would be a ROLL CALL VOTE to give approval to enter into contracts with various qualified vendors for the development of Learning Portal courses and tools.   

The Innovative Grant Program is designed to grant funds on a competitive basis to qualified public and private entities for the purposes of fostering innovations in training and procedures for law enforcement officers with the goal of reducing the number of officer involved shootings statewide. 

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

This item, requested by Vice Chair Rick Braziel, requests a discussion by the POST Commission regarding the potential creation of a course to educate parties assigned to a civilian oversight position by agencies employing civilian oversight. 

Should the Commission concur, the correct action would be a MOTION to assign staff to perform further research and recommendations.

POST has a contract with the Orange County Sheriff’s Department to provide Coroner training courses and an annual Coroner symposium. This contract is funded through revenue received under § 103680 of the Health and Safety Code.

The FY 2017-18 State Budget eliminated the statutory formulas dictating how State Penalty Fund revenues are distributed and appropriated revenues directly to certain programs. POST spending authority was transferred from the Peace Officer Training Fund to the State Penalty Fund. An inadvertent oversight of this shift was that revenue received under §103680 H&S became inaccessible to POST.  

Assembly Bill 1812, Public safety omnibus (2017-2018), approved June 27, 2018, resolved this issue but approximately $187,387 - $244,853 in surplus §103680 H&S revenue was identified. POST is seeking to add any confirmed surplus revenue received under § 103680 H&S to the FY 2019-20 requested contractual agreement with the Orange County Sheriff’s Department for Coroner Training to a total amount not to exceed $413,224

If the Commission concurs the correct action would be a ROLL CALL VOTE to approve the recommended increase to the contract for Orange County Sheriff's Department for Coroner Training. 

Regulation 1052 requires that presenters of POST-certified courses involving the manipulative skills training implement a formal written safety policy. Presenters are referred to the POST Guidelines for Student Safety in Certified Courses 2007, incorporated in the regulation by reference, for clarification and requirements.

POST Guidelines for Student Safety in Certified Courses were originally published in 1992 and last revised in 2007.  POST staff recently completed a comprehensive update and revision of these guidelines producing the POST Guidelines for Student Safety in Certified Courses 2019. 

POST is recommending that all references to these guidelines in Regulation 1052 be changed to reflect the updated version.  

If the Commission concurs, the appropriate action would be a MOTION to approve the adoption of updated POST Guidelines for Student Safety in Certified Courses 2019.

And, if the Commission concurs, the appropriate action would be a MOTION to approve all references to these guidelines in Regulation 1052 be changed to reflect the 2019 version of the guidelines. 

POST would like to enter into a contract with the Government Training Agency/San Diego Regional Training Center (GTA) to move forward on a project in which we will research, explore, and codify best practices in de-escalation which will be catalogued in a POST publication on de-escalation best practices for Dispatchers, Law Enforcement Officers/Supervisors, and Law Enforcement Managers/Executives.

If the Commission concurs, the appropriate action would be a ROLL CALL VOTE to approve entering into a contract with GTA for said project. 

POST would like the Commission to authorize an exploration of a Perishable Skills title change from "Tactical Communications" to "De-Escalation through Strategic Communications."

If the Commission concurs, the appropriate action would be a MOTION to approve POST staff to explore the Perishable Skills title change from "Tactical Communications" to" De-Escalation Through Strategic Communications." 

In 1994, Penal Code 13519.9 created the Robert Presley Institute of Criminal Investigation  (ICI), to make available to criminal investigators of California's law enforcement agencies an advanced training program to meet the needs of working investigators.

ICI  focuses on providing the investigator knowledge, skills, and tools to deliver training using methods that maximize understanding and retention. These skills are coupled with cutting-edge courses and a developmental process which is necessary for keeping abreast of rapidly changing criminality. The end goal is a highly trained and competent investigator who is able to meet the investigative challenges of the future.

ICI has significantly enhanced the quality of law enforcement investigations across California, and is therefore is a highly coveted program.  Accordingly, POST staff have identified the need for additional course offerings to meet the demands of California law enforcement.

If the Commission concurs, the appropriate action would be a ROLL CALL VOTE to approve the recommendation to enter into a contract for up to $1,032,641 in additional funding to the Robert Presely Criminal Investigation Institute (ICI) program to meet increased training needs.

The Advisory Chair will report on the results of the Advisory Committee meeting held on Wednesday, May 29, 2019, 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, May 29, 2019, in West Sacramento, California.  

From POST to:

• Warren Stanley, Commissioner, California Highway Patrol (CHP); expressing deep sympathy over the tragic on-duty death of Sergeant Steve Licon.
• Brad Keller, Chief of Police, Montebello Police Department; expressing sympathy over the tragic on-duty death of Officer Kenneth Utsinger.

At the October 18, 2018 and the February 21, 2019, Commission Meetings, the Commission decided to delay the discussion of the following items until the next scheduled meeting, now the May 2019 meeting. 

• Appointment of replacement representative to the Advisory Committee.   Request to appoint Professor Kathy Oborn, M.S., President of the California Association of Administration of Justice Educators (CAAJE), to the POST Advisory Committee as replacement representative for Bradley J. Young.  

If the Commission concurs, the appropriate action would be a MOTION to approve the appointment of Professor Kathy Oborn, President, CAAJE. 

Terms expiring for several Advisory Committee members.  Request consideration for appointment to Commission on POST Advisory Committee.

• Letter from W. A. Stanley, CHP Commissioner, requesting Chief Ryan Okashima represent CHP on the POST Advisory Committee. 

• Letter from Elmo Banning, Advisory Committee Public Member, seeking reappointment to the Advisory Committee as a Public Member.  Current term expires October, 2019.

• Letter from Alex Bernard, Advisory Committee Public Member, seeking reappointment to the Advisory Committee as a Public Member.  Current term expires October, 2019.

• Letter from Ronald Lawrence, CPCA President, recommending Selma Police Chief Greg Garner for re-appointment to the POST Advisory Committee.  Current term expires August, 2019.

• Letter from Brian Marvel, PORAC President, requesting Officer Marcelo Blanco be re-appointed to the POST Advisory Committee as PORAC's representative.  Current term expires September 2019.

• Letter from Damien Sandoval, Director Napa Valley College Criminal Justice Training Center, advising he will replace Lanny Brown as California Academy Directors Association (CADA) representative on the POST Advisory Committee whose term expires July 2019.

• Letter from Kevin Mizner, California Association of Police Training Officers (CAPTO), requesting Randy Waltz be re-appointed to the POST Advisory Committee as CAPTO's representative. 

• October 23 - 24, 2019 - POST, West Sacramento
• February 12 - 13, 2020 - San Diego, California
• June 3 - 4, 2020 - POST, West Sacramento
• October 21 - 22, 2020 - 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) 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.

c) 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.

d) Tamara Evans v. POST, Sacramento Superior Court, Case No. 34-2014-00164423; Eastern District of California, Case No. 2:15-cv-01951.

2)  Executive Director Performance Review

         a) Pursuant to Government Code Section 11126, the Commission will meet to discuss the evaluation of the executive director and the report of the sub-committee on the Executive Director's Performance Review.