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AGENDA ITEM REPORT

Title: Report on Changes to Amend Commission Regulations and Commission Procedures to Remove POST Administrative Manual (PAM) References
REPORT PROFILE
MEETING DATE
2/24/2021
BUREAU SUBMITTING THIS REPORT
Executive Office
RESEARCHED BY (PRINT NAME)
Jennifer Hardesty/Katie Strickland
REVIEWED BY (PRINT NAME)
Maria Sandoval
REPORT DATE
12/18/2020
APPROVED BY
Manuel Alvarez, Jr.
DATE APPROVED
01/20/21
PURPOSE
Decision Requested
FINANCIAL IMPACT
No

ISSUE:

Should the Commission approve, subject to the Notice of Proposed Regulatory Action process, all recommend modifications in Commission Regulations and Commission Procedures as enumerated in this report?

BACKGROUND:

Historically, POST maintained a separate POST Administrative Manual (PAM) which contained Commission Regulations and Commission Procedures relating to POST programs. The PAM was created to house all regulations and procedures in one place and was located on the Publications section of the POST website. However, it was discovered the content in this manual was very outdated and often incorrect as it was not being updated when changes were made to regulations and procedures.

Since the PAM was not maintained as often as it needed to be, there was a conflict of information resulting in inaccurate regulations and procedures. To rectify this issue, in October 2017 POST staff had the Commission vote to approve direct referencing of Commission Regulations to the California Code of Regulations (CCR)/WestLaw webpage. After the Commission approved, POST staff modified the POST website to link visitors directly to the appropriate CCR page when looking for Commission Regulations. This action cleared up all inconsistencies as the CCR/WestLaw webpage is constantly maintained and updated by the Office of Administrative Law. Commission Procedures were added in the same location of the directly linked Commission Regulations on the POST website for easy access.

At the June 2020 Commission meeting, the Commission approved the adoption of a new regulatory section, Commission Regulation 1059, allowing staff to move the basic course certification requirements from Commission Regulation 1052, to the newly adopted section. In doing so, reference to the Public Safety Dispatchers’ Basic Course was inadvertently included in this transition. To correct this error, staff is recommending removal of the PSD Basic Course from Commission Regulation 1059 to alleviate any confusion as to which regulatory section presenters must follow when certifying their course.

ANALYSIS:

Now that Commission Regulations and Commission Procedures are directly linked to the CCR/WestLaw and POST webpages for easy reference, PAM is no longer used or referenced. To keep consistent with current practices, the removal of the definition of “PAM” from Regulation 1001 (Attachment A) is required by the Office of Administrative Law in order to complete the final step of eliminating the out-of-date “PAM” references from all other Commission Regulations and Commission Procedures.

If the Commission approves the proposed changes, POST staff will clean up and eliminate all references of “PAM” in the Commission Regulations and Commission Procedures (Attachment A) as enumerated in this report through the rulemaking process with the Office of Administrative Law. POST staff believe these recommended modifications will be beneficial for all stakeholders, including agencies in the field, the public and POST. For consistency in terminology, “Commission Regulations” and “Commission Procedures” will be used for all references.

RECOMMENDATION:

Staff recommends the Commission approve all recommended modifications to the Commission Regulations and Commission Procedures as enumerated in this report to be amended pursuant to the rulemaking process and the Office of Administrative Law. If no one requests a public hearing, the amendments would become effective October 1, 2021.

 
ATTACHMENT(S):
Name: Type:
Attachment_A_Commission_Regulations___Commission_Procedures_Text.pdf Cover Memo