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AGENDA ITEM REPORT

Title: Report on Request to Modify the Advisory Committee
REPORT PROFILE
MEETING DATE
2/24/2021
BUREAU SUBMITTING THIS REPORT
Executive Office
RESEARCHED BY (PRINT NAME)
Scott Loggins
REVIEWED BY (PRINT NAME)
REPORT DATE
02/05/2021
APPROVED BY
Manuel Alvarez, Jr.
DATE APPROVED
02/09/21
PURPOSE
Decision Requested
FINANCIAL IMPACT
No

ISSUE:

Should the Commission modify the mission, composition, terms of service, and/or duties for the Advisory Committee in order to ensure optimal service to the Commission and its stakeholders, reappoint existing members, and appoint new members?

BACKGROUND:

The POST Advisory Committee was informally created in the early 1960’s to improve communication between the Commission, various professional groups, and the public, and assist the Commission in developing and implementing programs to raise the level of competency of local law enforcement.  

The role of the Advisory Committee has changed slightly from time-to-time over the years, and in 1979 the Commission adopted a policy statement, summarized as follows: 

The Advisory Committee of the Commission on Peace Officer Standards and Training is established for the principal purpose of providing two-way communications between the Commission and associations and organizations sharing a vital interest in the activities and decisions of the Commission. The Advisory Committee shall be a consortium of representatives of common interest groups which convenes periodically to give and receive information, review projects and programs, and make recommendations to the Commission.

Procedures  

The Advisory Committee does not have responsibility to undertake projects of its own. Rather, the Advisory Committee's function in this regard shall be to provide input on specific, precisely defined issues as directed by the Commission and serve as a sounding board for the Commission. It shall not receive projects initiated by staff nor direct staff; however, communication with staff shall be encouraged and maintained.

The Advisory Committee may:  

·       Receive briefings on POST programs, projects, and major issues

·       Call to the attention of the Commission any suggestions or concerns of members and organizations and the Advisory Committee collectively

·       Formulate specific proposals for consideration when directed by the Commission 

 Advisory Committee members are appointed by a quorum of the Commission during a regular Commission meeting.
ANALYSIS:

There is no specific legislation requiring the formation of the Advisory Committee. Rather, the authority of the Commission to create that Advisory Committee loosely rests with enabling legislation from POST’s inception in 1959 in Penal Code 13503, which included authority language as follows:

“To do any and all things necessary or convenient to enable it fully and adequately to perform its duties and to exercise the power granted to it.”

The committee meets prior to each tri-annual Commission meeting to review and analyze topics the Commission will later address.

To facilitate that process, POST staff prepare an agenda for each meeting to address the business of the Commission, which is published prior to the meeting in accordance with California’s Open Meeting laws. Advisory Members are expected to review in advance items that will be considered by the Commission.

Members make recommendations and advise the Commission via the Committee Chair, through discussion of agenda items prepared by POST staff. And, Advisory members are asked to present any reports from their respective constituencies that may assist the Commission.

This matter was addressed at the October 18, 2018, February 21, 2019, May 30, 2019, and February 13, 2020 Commission Meetings.  At the June 18, 2020 meeting, due to other pressings matters the Commission elected to postpone a comprehensive decision regarding this item, with the exception of a temporary extension for the terms of existing members through the October 2020 Commission Meeting dates. 

Prior discussion of this item may be reviewed via the archived Commission Meeting Agendas, Action Plans, and Meeting Minutes (transcripts) at the following link.

https://post.ca.gov/Commission-Meeting-Materials

At the February 13, 2020 meeting, the Commission decided to maintain the Advisory Committee, but make modifications to the composition and representation on the Committee and clarify the roles and expectations of the members. Specifically, the Commission directed staff to provide a proposed Mission for the Advisory Committee, as well as documents to reflect the expected duties and outcomes of the Committee, specific business rules to address factors such as terms of service, nomination and selection, as well feedback and guidance to the Commission.

Accordingly, based on the direction of the Commission, staff has prepared draft language to address a Mission for the Advisory Committee, as well as general composition and protocols for the consideration, modification, and/or approval (Attachment A).

Since the Advisory Committee serves exclusively at the pleasure of the Commission, and is not mandated by statute or regulation, the decision and any related polices and protocols of the Committee will be reflected in the Commission Policy Manual, or other similar guidance document outside of formal regulation as determined by staff.

At the February 2020, May 2020, and October 2020 meetings, the Commission discussed the realignment of the composition of the Advisory Committee, which has evolved over the past year. Listed below is staff’s proposed composition, reflecting the direction of the Commission after the October 2020 Meeting, which has now increased the Committee to fifteen (15) members.

This is a draft only, and is prepared for Commission consideration and modification. (Please note that certain terms were modified to address the Commission’s goals and the membership categories were bifurcated for ease of writing protocols.)

Association Members

·        California Academy Directors’ Association (CADA)

·        California Association of Administration of Justice Educators (CAAJE)

·       California Coalition of Law Enforcement Associations (CCLEA)

·        California Community College Chancellor's Office  (CCCCO) 

·        California Association of Police Training Officers (CAPTO)

·        California Highway Patrol (CHP)

·        California Peace Officers’ Association (CPOA)

·        California Police Chiefs’ Association (CPCA)

·        California State Sheriffs’ Association (CSSA)

·        Peace Officers Research Association of California (PORAC)

·        Specialized Law Enforcement (PORAC)  

Miscellaneous Members

·       POST Private Presenter

·       Public Safety Dispatcher  (contemporary or retired)

·       Contemporary law enforcement - peace officer (Active line or first level supervisory peace officer)

    ·       Public Member
RECOMMENDATION:

Staff recommends that the Commission provide direction and guidance with respect to the Advisory Committee Composition, Mission, and proposed draft protocols submitted by staff.

Should the Commission concur, the appropriate action would be a series of motions as follows:

MOTION to approve and/or modify staff's recommendation regarding the Mission, Role, Commitment to Diverse Representation, and Rules and Procedures of the Advisory Committee reflected in Attachment A.

MOTION to appoint Ezery Beauchamp to represent the California Highway Patrol (Attachment B).  

MOTION to appoint and/or reappoint current Advisory Committee members for new terms (Attachment C). 

MOTION to appoint Kenneth Fitch as a Public Member, or Contemporary Law Enforcement - Peace Officer Member (Attachment D).  

MOTION to appoint Eduardo Esquivel as the Public Member (Attachment E).  
 
ATTACHMENT(S):
Name: Type:
Attachment_A_-_Draft_Advisory_Committee_Protocols_.pdf Cover Memo
CHP_AdvisoryCommitteeNominee_Redacted.pdf Cover Memo
Re-Appointments_Feb2021_Redacted.pdf Cover Memo
POST_Advisory_Committee_Public_Member_Fitch_Redacted.pdf Cover Memo
Letter_of_Request_Eduardo_Esquivel_Redacted.pdf Cover Memo