POST COMMISSION MEETING
Commission on POST - DoubleTree by Hilton San Diego - Mission Valley; 7450 Hazard Center Drive, San Diego, CA 92108


February 13, 2020
AGENDA
9:00 AM

                                       


CALL TO ORDER AND WELCOME

COMMISSION MEMBERS
Alan Barcelona Rick Braziel - Vice Chair
Lai Lai Bui Barry Donelan 
Robert Doyle Joyce Dudley - Chair
Eve Berg Geoff Long 
Ed Medrano - Ex-Officio                     John McMahon
Jethroe Moore II James O'Rourke 
Batine Ramirez Laurie Smith 
Walter Vasquez Vacant - Elected City Official 
Vacant - Public Member (Senate Pro Tempore) Vacant - Public Member (Speaker of the Assembly)

COLOR GUARD AND FLAG SALUTE
The Color Guard will be provided by the San Diego Police Department.

MOMENT OF SILENCE HONORING THE OFFICERS WHO LOST THEIR LIVES IN THE LINE OF DUTY SINCE THE LAST MEETING

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.

OPENING REMARKS
Chief David Nisleit, San Diego Police Department, will provide Opening Remarks.

PUBLIC COMMENT
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.
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.

EMERGING TRENDS

CONSENT
B.Consent Items
1.Report on Course Certification Statistics from 09/01/2019 to 12/31/2019

This item reflects a status report of training courses which have been certified, decertified or modified during the time frame of September 1, 2019 to December 31, 2019. It also reflects the total number of certified courses and presenters of courses.

 

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

 

2.Report on POST Reimbursable Agency Entry - Menifee Police Department

Menifee Police Department has been approved to enter into the POST Reimbursable Peace Officer Program for its peace officers. 

 

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

 

3.Report on POST Reimbursable Agency Entry - Port Of Stockton Police Department

The Port of Stockton Police Department has been approved to enter 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 the Role of the IMPACT Team

At the full Commission meeting held in West Sacramento on October 27, 2016, the Commission chose to disband the Strategic Plan and Organizational subcommittee, and replace it with an emerging issue trends report to be presented at the beginning of each full Commission meeting beginning in February 2017.  At the conclusion of the October Commission meeting, POST staff assigned responsibility for identifying and evaluating emerging trends to the existing futures IMPACT Team at POST.

 

The IMPACT (Investigating Mitigating Progressive And Critical Trends) Team is a group of employees consisting of one bureau chief, and six POST employees from various bureaus.  The team was formed in response to the 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.

 

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

 

5.Report on Discussion of the Public Safety Dispatcher Basic Course

The Public Safety Dispatchers' Basic Course is the entry-level training requirement for dispatchers employed by agencies participating in POST's public safety dispatcher program, as specified in Commission Regulation 1018. Information on presenters of the POST-certified Public Safety Dispatchers' Basic Course can be found in POST's Catalog of Certified Courses.

 

The Public Safety Dispatchers' Basic Course has a minimum hourly requirement of 120 hours, which is divided into 14 individual topics, called Learning Domains. The Learning Domains contain the minimum required foundational information for given subjects, which are detailed in the publication Training Specifications for the Public Safety Dispatchers' Basic Course (pdf).

 

CCR 1018 Public Safety Dispatcher Programs states in part:

 

Minimum Training Standards for Public Safety Dispatchers:

Every public safety dispatcher shall satisfactorily complete the POST-certified Public Safety Dispatchers' Basic Course as set forth in PAM Section D-1-5 before or within 12 months after the date of appointment, promotion, reclassification, or transfer to a public safety dispatcher position; or possess the Public Safety Dispatcher Certificate.

 

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

 

6.Report on the Use of Force Virtual Reality Course and Use of Force Guidelines

The Commission on Peace Officer Standards and Training (POST) is in the process of purchasing $5M in new Force Option Virtual Reality Simulators.  At least 50, up to 70, training facilities throughout California have been identified to receive a new machine.  Additionally, POST is developing a Use of Force Virtual Reality (UOF-VR) Course and Use of Force Guidelines to include requirements for SB 230.

 

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

 

7.Report on Innovative Grant Program

Under the Management Counseling and Projects Bureau and with administrative assistance from the Executive Office, POST initiated the Innovative Grant Program (IGP) Project.  POST has partnered with CalOES and contracted with them for technical assistance for Grant Funding Programs so as to have guidance in this venture, which is new to POST. This report is provided as a status update on the second and third round of funding to be released in 2020.

 

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

 

8.Report on POST Compliance with SB 978

The passage of Senate Bill 978  (Penal Code § 13650) requires POST and local law enforcement agencies to conspicuously post on their websites “all current standards, policies, practices, operating procedures, and education and training materials that would otherwise be available to the public” if a request was made pursuant to the California Public Records Act, effective January 1, 2020.  

 

Under this new law, POST is required to publish all presenter course content, unless the material falls within an applicable exemption under the Public Records Act.

 

Accordingly, in order to comply with public discloser mandates POST developed an open source link on its public website to publish the current expanded course outlines (ECOs) for over 4,000 courses.

 

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

 

9.Report on POST Proposed Regulatory Actions/Status

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.

 

10.Report on Legislative Update

Since legislative bills will be submitted after publication of the POST agenda, but before the Commission meeting, a verbal report will be utilized to inform the Commission and the public with regard to the specifics and the impacts of legislation to POST operations. 

 

This is a legislative update with bills of interest for the 2020-21 legislative session that POST is monitoring, some of which may affect POST operations, and/or affect our law enforcement partners. 
 
This report is presented for information only.  No action is required.


FINANCE COMMITTEE
C.Financial Report

The Chair of the Finance Committee will report on the results of the Finance Committee meeting held on Wednesday, February 12, 2020, in San Diego, California.

 

If the Commission concurs, the appropriate action would be a MOTION to approve the Finance Committee Report from their meeting on Wednesday, February 12, 2020, in San Diego. 

 

And, if the Commission concurs the appropriate action would be a ROLL CALL VOTE by groups of contracts to authorize the Executive Director to renew Law Enforcement Training and Administrative Contracts. 


BASIC TRAINING BUREAU
D.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.

 

 

E.Report on Proposed Removal of the Driving Simulator for the Regular Basic Course

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.

 

There are currently 108 Law Enforcement Driving Simulators (LEDS) distributed to presenters throughout the State.  POST currently has a maintenance contract ($341,357.00) for repair and maintenance of the LEDS.  This contract is set to expire in June 2020, and shall not be renewed.  Due to the inability to repair/maintain the aging LEDS, several presenters are unable to successfully administer the required learning activity outlined in Learning Domain 19 (Vehicle Operations).  The POST Basic Training Bureau is recommending the removal of the required learning activity from the Learning Domain.

 

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.

 

 


EXECUTIVE OFFICE
F.Report on Amendment to Regulation 1015 and Commission Procedure E-2, Maximum Reimbursement Rates

For the 2019-20 budget, POST proposed an increase in agency reimbursement for the basic academy or Regular Basic Course (RBC) from 664 to 800 hours, as well as raising the agency daily reimbursement rate from $50.00 to $75.00. 

 

If the Commission concurs, the appropriate action would be a MOTION to approve the proposed changes to Regulation 1015, increasing the agency reimbursement rate from $50.00 to $75.00 per day, and up to 800 hours, for the RBC.


MANAGEMENT COUNSELING AND PROJECTS BUREAU
G.Report on Document Management Studies

POST staff request Commission approval of 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.


COMMITTEE REPORTS
H.Sub-Committee

The Sub-Committee Chair will report on the results of the Sub-Committee meeting held on Wednesday, February 12, 2020, in San Diego, California.

If the Commission concurs, the appropriate action would be a MOTION to accept the report from the Sub-Committee meeting held on Wednesday, February 12, 2020.

 

 

I.Advisory Committee
The Advisory Chair will report on the results of the Advisory Committee meeting held on Wednesday, February 12, 2020, in San Diego, 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 12, 2020.

The Advisory Chair will report on the results of the Advisory Committee meeting held on Wednesday, February 20, 2019, in San Bernardino, 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 20, 2019.

The Advisory Chair will report on the results of the Advisory Committee meeting held on Wednesday, February 20, 2019, in San Bernardino, 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 20, 2019.


CORRESPONDENCE
J.The following correspondence was sent from POST.

From POST to:

  • Alex Villanueva, Sheriff, Los Angeles County Sheriff's Office; expressing deep sympathy over the tragic off-duty death of Detective Amber Leist.
  • Peter Decena, Chief of Police, Los Gatos Police Department; expressing deep sympathy over the tragic off-duty death of Officer Munir Edais.

OLD BUSINESS
K.The following items are submitted for discussion.

At the October 2019 Meeting, Commissioner Dudley called for a motion to extend the Advisory Committee Members’ terms through February 13, 2020, at which time appointments will be determined and voted on.  The motion carried unanimously to extend the Advisory Committee Members’ terms through February 2020.

 

POST Staff requests the Commission provide direction with respect to whether to formally re-appoint the below members.

 

Terms expiring for several Advisory Committee members.  Request consideration for appointment and/or re-appointment to Commission on POST Advisory Committee.

 

  • 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. Current term expired September 2019. 
  • Letter stating the Public Safety Dispatch Advisory Council (PSDAC) requests the Commission re-appoint Jaime Young as PSDAC representative on the POST Advisory Committee. Current term expired October 2019. 
  • Letter from Elmo Banning, Advisory Committee Public Member, seeking re-appointment to the Advisory Committee as a Public Member.  Current term expired October 2019.  
  • Letter from Alex Bernard, Advisory Committee Public Member, seeking re-appointment to the Advisory Committee as a Public Member.  Current term expired October 2019.
  • Letter stating the California Coalition of Law Enforcement Association (CCLEA) requests the Commission re-appoint Artin Baron as CCLEA representative on the POST Advisory Committee. Current term expired September 2019. 

 

If the Commission concurs, the appropriate action would be a MOTION to re-appoint the above Advisory Committee members.

 

Terms expiring for several Advisory Committee members.  Request consideration for appointment and/or reappointment to Commission on POST Advisory Committee.

 

  • Reappointments and attachments will be discussed during the POST EXO agenda item:  Report on Request to Address Advisory Committee Role.  MOTIONS and votes will occur during that time as well.

Terms expiring for several Advisory Committee members.  Request consideration for appointment and/or reappointment to Commission on POST Advisory Committee.

 

  • Reappointments and attachments will be discussed during the POST EXO agenda item:  Report on Request to Address Advisory Committee Role.  MOTIONS and votes will occur during that time as well.
  • Letter from Eduardo Esquivel representing himself and requesting consideration for Appointment as a member of the POST Advisory Committee.

 

If the Commission concurs, the appropriate action would be a MOTION to approve the appointment of Eduardo Esquivel as member of the POST Advisory Committee.


NEW BUSINESS
L.The following items are submitted for New Business discussion.

Appointment of Replacement Representative to the Advisory Committee:

 

  • Request to appoint Deputy Eric Schmidt, Fresno County Sheriff's Office, to the Advisory Committee by the Peace Officers Research Association of California (PORAC) Board of Directors as a replacement representative for Captain Marcelo Blanco. 

 

If the Commission concurs, the appropriate action would be a MOTION to approve the appointment of  Deputy Eric Schmidt, Fresno County Sheriff's Office.


FUTURE COMMISSION DATES
M.Upcoming Commission Meetings will be held:
  • June 3-4, 2020 - POST, West Sacramento
  • October 21-22, 2020 - POST, West Sacramento
  • February 24-25, 2021 - TBD, Southern California
  • June 2-3, 2021 - POST, West Sacramento
  • October 20-21, 2021 - POST, West Sacramento

CLOSED SESSION
N.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.

 




ADJOURNMENT