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AGENDA ITEM REPORT

Title: Report on Public Hearing Requested By Chief District Attorney Investigators
REPORT PROFILE
MEETING DATE
9/29/2021		 BUREAU SUBMITTING THIS REPORT
Basic Training Bureau
RESEARCHED BY (PRINT NAME)
M. Sandoval		 REVIEWED BY (PRINT NAME)
Maria Sandoval
REPORT DATE
09/08/2021		 APPROVED BY
Manuel Alvarez, Jr.		 DATE APPROVED
09/15/2021
PURPOSE
Decision Requested		 FINANCIAL IMPACT
No

ISSUE:

Currently, Commission Regulation 1005(a) requires the completion of the Regular Basic Course (RBC) for District Attorney Investigators (DAIs) and excludes those individuals who have completed the Specialized Investigators Basic Course (SIBC) from being appointed as a DAI.

On June 2, 2021, the Commission approved a proposed amendment to Commission Regulation 1005(a), Minimum Standards for Training for DAIs. The amendment, upon approval of the Office of Administrative Law (OAL), will allow completion of the RBC or SIBC to meet the basic training requirements for DAIs. 

As a result of the request by the Chief DAIs, POST will host a public hearing at the completion of the 45-day public comment period. The public hearing will take place at 9:00 AM on September 20, 2021.
BACKGROUND:
On June 2, 2021, the Commission approved a proposed amendment to Commission Regulation 1005(a), Minimum Standards for Training for DAIs. The amendment, upon approval of OAL, will allow completion of the RBC, or SIBC, to meet the training requirements for DAIs.

By letter dated July 16, 2021, and by a follow up email on August 9, 2021, a group of 46 Chief DAIs requested a public hearing. Government Code section 11346.4 dictates that upon request for a public hearing, the public hearing must be held at the conclusion of the 45-day public comment period. 

As a result of the request by the Chief DAIs, POST will host a public hearing at the completion of the 45-day public comment period. The public hearing will take place at 9:00 AM on September 20, 2021.
ANALYSIS:

The 45-day public comment period requested by the Chief DAIs ended on September 13, 2021. Pursuant to established procedure, OAL will complete the rulemaking process within 30 business days once POST staff submit the final rulemaking package to OAL.

The public hearing pertaining to the proposed amendments to Regulation 1005(a), Minimum Standards for Training for DAIs will take place at 9:00 AM on September 20, 2021.

A verbal presentation will be provided, if requested, of the main concerns brought up in the public hearing.
RECOMMENDATION:
POST staff recommends the Commission discuss and evaluate issues raised related to the modification of POST Regulation 1005. POST staff proposes the following options:

1) Take no further action and allow the modification to Regulation 1005, as approved by the Commission on June 2, 2021, to continue the rulemaking process through the Office of Administrative Law;

2) Rescind the actions taken by the Commission at the June 2, 2021, related to the modification of Regulation 1005, and maintain the existing language of the regulation as is;

3) Modify the regulatory language approved by the Commission on June 2, 2021, in any way the Commission sees fit; and/or

4) Take any other course of action the Commission believes to be appropriate under the circumstances. 
 
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