| | | | | | | | | POST COMMISSION MEETING Commission on POST, 860 Stillwater Road, Suite 100, West Sacramento, CA 95605
June 22, 2017
AGENDA 9:30 AM | | |
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| | | | | | | | CALL TO ORDER AND WELCOME | | | | |
| | | | | | | | COMMISSION MEMBERS | | | | |
Rick Braziel - Vice Chair |
Lai Lai Bui |
Thomas Chaplin |
Richard DeLaRosa |
Robert Doyle |
Joyce Dudley - Chair |
Sandra Hutchens |
Laren Leichliter
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Stephen Lindley |
Geoff Long |
Jethroe Moore II |
James O'Rourke |
Batine Ramirez |
Laurie Smith |
Walter Vasquez |
Vacant - Rank and File Member |
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| | | | | | | | COLOR GUARD AND FLAG SALUTE | | | | |
| | | | | | | | The Color Guard will be provided by the California Highway Patrol. | | | | |
| | | | | | | | MOMENT OF SILENCE HONORING THE OFFICERS WHO LOST THEIR LIVES IN THE LINE OF DUTY SINCE THE LAST MEETING | | | | |
| | | | | | | | The following officers died in the line of duty since the last meeting: | | | | | |
- Officer Keith Boyer, Whittier Police Department
- Officer Lucas Chellew, California Highway Patrol
- Deputy Michael Foley, Alameda County Sheriff's Department
- Deputy Jason Garner, Stanislaus County Sheriff's Department
- Community Service Officer Raschel Johnson, Stanislaus County Sheriff's Department
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| | | | | | | | 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. | | | |
| | | | | | | | Daniel Hahn, Chief, Roseville Police Department, will provide opening remarks. | | | | |
| | | | | | | | Awards Presentations: | | | | | 2016 POST Excellence in Training and the O.J. "Bud" Hawkins Awards will be presented to the recipients. | | | | |
| | | | | | | | 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 | | | | |
| | | | | | | | Commission Chair will introduce Manny Alvarez, Executive Director | | | | |
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APPROVAL OF ACTION SUMMARY AND MINUTES | | | |
| | | | | | | | A. | Approval of the Action Summary and Minutes of the previous Commission meeting | | | | |
| | | | | | | | | The following are submitted for approval: | | | | | |
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| | | | | | | | | If the Commission concurs, the appropriate action would be a MOTION to approve the Action Summary and Meeting Minutes from the last Commission meeting. | | | | |
| | | | | | | | | The IMPACT (Investigating/Mitigating Progressive And Critical Trends) Team is a group of employees formed in December 2015 and consists of one Bureau Chief, and seven POST employees from various bureaus. The team was formed in response to 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.
At the Commission meeting held in West Sacramento on October 27, 2016, the Commission requested POST staff establish and compile an emerging issues report to be presented at subsequent Commission meetings. At the conclusion of the October Commission meeting, POST staff assigned responsibility for identifying and evaluating emerging trends to the existing IMPACT Team at POST. | | | | |
| | | | | | | | | 1. | Report On Body-Worn Video Cameras in the Report Writing Process | | | | | | | In response to the Commission request at the October 2016 meeting, members of the IMPACT team invited a recent Command College graduate to present the findings of his research at the full Commission meeting in February 2017. As a result of his findings, and with input from Advisory and other Commission members, IMPACT staff developed four possible subsequent research questions to build upon the work of the Command College paper. Taking into account the difficulty of implementation, available resources, and the likelihood of being able to answer the research question, IMPACT staff subsequently identified one area for further research which held the most promise of being immediately relevant to POST explicitly, and the broader law enforcement community at large. This report will summarize their work and findings. | | | | | | 2. | Report on Agency Study on License Plate Readers | | | | | | | The IMPACT team has identified research being conducted on emerging trends by several law enforcement jurisdictions in California. IMPACT staff identified a particularly relevant piece of independent research being conducted by the Vallejo Police Department as part of their efforts to engage in evidence based policing. This report will summarize their work and findings.
| | | | | | 3. | Report on Plan for Continued IMPACT Team Reporting to the Commission | | | | | | | The IMPACT team has developed a process for identifying, quantifying, and disseminating information about emerging issues in law enforcement to the Commission, and the proposed methodology for Commission reporting moving forward. This report will provide a template and guideline for how the IMPACT team intends to implement this process. | | | | |
| | | | | | | | | 1. | Report on the Course Certification Statistics from 1/1/17 to 4/30/17 | | | | | | | This item reflects a status report of training courses which have been certified and decertified or modified during the time frame of January 1, 2017 to April 30, 2017 of FY 2016-17. 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 Program - New Agency - Yuba County District Attorney's Office Investigators | | | | | | | Report on new Agency Admission to the POST Program - Yuba County District Attorney's Office Reimbursable Peace Officer Program for its investigators.
Upon review by POST, the Yuba County District Attorney's Office Peace Officers have been admitted into the POST Peace Officer Reimbursable Program. An Ordinance of the Board of Supervisors of Yuba County was adopted on August 9, 2017, as required by Penal Code Sections 13510(a) and 13524.
This report is presented for information only. No action is required. | | | | | | 3. | Report on 2015-16 Data Added to POST’s OpenData, a Website Promoting Transparency | | | | | | | This item is an update on the Commission on POST’s aggregate data through 2016 on the OpenData Website, with current, interactive data on law enforcement professionals in California.
This report is presented for information only. No action is required. | | | | | | 4. | Report on Procedural Justice | | | | | | | The subject of this report, emerged out of the “Presidents 21st Century Policing” recommendations to develop law enforcement training relevant to procedural justice, decision neutrality, and implicit bias.
This report is presented for information only. No action is required. | | | | | | 5. | Report on the status of the Hybrid, Academy Instructor Certification Course (AICC) | | | | | | | This report is to advise the Commission on the efforts of Training Program Services Bureau (TPS), to develop and deploy the POST certified, Hybrid Academy Instructor Certification Course (AICC).
This report is presented for information only. No action is required. | | | | | | 6. | Report on Legislative Updates | | | | | | | This report will include two documents which will be utilized to inform the Commission and the public with regard to the specifics and the potential impacts of new legislation to POST operations, or its law enforcement partners, introduced in the 2017-18 legislative session.
The documents being presented to the Commission members for informational purposes are:
1) A legislative update on new legislation introduced in the 2017-18 legislative session, which have been assigned to POST requiring bill analysis and
2) A list of bills of interest introduced in the 2017-18 legislative session that POST is tracking, 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.
If the Commission concurs the appropriate action would be a MOTION to approve the Consent Items. | | | | |
| | | | | | | | D. | Financial Report | | | | | | The Chair of the Finance Committee will report on the results of the Finance Committee meeting held on Wednesday, June 21, 2017, in West Sacramento, California.
If the Commission concurs, the appropriate action would be a MOTION to approve the Finance Committee Report. | | | | |
| | | | | | | | E. | 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, and/or to improve student learning and evaluation.
This item addresses Learning Need IV as directed by the Commission to POST staff at the previous Commission Meeting (February 2017). Specifically, the revised language adds clarity and was created with the input of subject matter experts from a greater diversity of perspective.
The proposed changes affect the following Learning Domain and courses:
If the Commission concurs, the appropriate action would be a MOTION to approve the changes to the Training and Testing Specifications for Peace Officer Basic Courses as described in the staff report. If no one requests a public hearing, the changes will become effective February 1, 2018. | | | | |
| | | | | | | | TRAINING PROGRAM SERVICES BUREAU | | | | |
| | | | | | | | F. | Report on Request to Conduct a Pilot of the Revisions to the Course Certification Process | | | | | |
The Course Certification Review Project began in October 2016. Meetings were held with law enforcement stakeholders, associations, Commissioners and POST staff, and a survey of the field was completed. A project update was provided to the Commission at the February 2017 Commission Meeting.
Since February 2017, multiple workshops with external stakeholders and POST staff have been conducted to review the survey results. Based on those workshops, a pilot process was developed.
Beginning in July 2017, the new course certification process will be piloted with a variety of voluntary stakeholders.
If the Commission concurs, the appropriate action would be a MOTION to authorize the Executive Director to embark on a pilot of the new course certification process. | | | | |
| | | | | | | | COMMISSION APPEAL HEARINGS | | | | |
| | | | | | | | G. | Report on Appeal to Commission by Terrence McCullough | | | | | | On June 13, 2009, Mr. Terence McCullough (POST ID #C24-Y65) completed the Regular Basic Course (RBC). On May 3, 2013, he completed the 136-hour POST Requalification Course. In the interim, he has never served as a California peace officer in a POST participating agency, and it has been eight (8) years since the completion of his basic training.
McCullough obtained a peace officer appointment in a non-POST participating agency, for which the legally mandated entry-level training is the PC 832 Course (40-hour minimum) rather than the full RBC (664-hour minimum).
Since it has been over six (6) years since his completion of the RBC, McCullough is ineligible to obtain an appointment for a general law enforcement position in a POST participating agency, unless he successfully completes another RBC.
McCullough contacted POST to request an exemption from Regulation mandating he attend another RBC, as well as the issuance of a POST Basic Certificate in order to qualify him for additional law enforcement employment opportunities.
Commission Regulation 1008 mandates an individual who successfully completed an RBC, but who never served in a California Peace Officer/Level I Reserve Officer position for which a RBC is required, may requalify by successfully completing a POST-certified Requalification Course one time within six years from the date of basic course completion.
After six years, an individual must successfully complete the appropriate basic course (Academy) to requalify, regardless of when the Requalification Course was completed.
Commission Regulation 1011 codifies the eligibility requirements for peace officers to obtain a POST Basic Certificate.
POST staff analyzed the fact pattern of McCullough’s training and employment history, and determined he was ineligible for an exemption to either regulation.
If approved, McCullough will be eligible for a peace officer appointment after a period of over eight (8) years since his successful completion of the RBC, and will obtain a POST Basic Certificate attesting to his training and employment history in an agency for which POST has no oversight or review capacity.
The Commission will hear the appeal of Terence McCullough and render a decision at the conclusion of the Closed Executive Session. | | | | |
| | | | | | | | H. | Advisory Committee | | | | | | The Chair of the Advisory Committee will report on the results of the Advisory Committee meeting held on Wednesday, June 21, 2017, in West Sacramento, California.
If the Commission concurs, the appropriate action would be a MOTION to approve the Advisory Committee report. | | | | |
| | | | | | | | I. | The following Correspondence was sent to and from POST: | | | | | | To POST from:
- Donny Youngblood, President, California State Sheriffs Association, request the appointment of Steve Moore, Sheriff, San Joaquin County, as the replacement for Edward Bonner, Sheriff (ret.), Placer County, as the association's representative on the POST Advisory Committee.
From POST to:
- Jeff Piper, Chief, Whittier Police Department, expressing sympathy over the tragic on-duty death of Officer Keith Boyer.
- Joseph Farrow, Commissioner, California Highway Patrol, expressing sympathy over the tragic on-duty death of Officer Lucas Chellew.
- Greg Ahern, Sheriff, Alameda County Sheriff's Department, expressing sympathy over the tragic on-duty death of Deputy Michael Foley.
- Adam Christianson, Sheriff, Stanislaus County Sheriffs Department, expressing sympathy over the tragic on-duty death of Deputy Jason Garner.
- Adam Christianson, Sheriff, Stanislaus County Sheriffs Department, expressing sympathy over the tragic on-duty death of Community Service Officer Raschel Johnson.
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| | | | | | | | J. | The following items were discussed at previous Commission meetings: | | | | | |
- Recurring Contracts - Ensuring POST utilizes a competitive bid process for contracts
- Course Presentations - How POST intends to maximize training courses with limited resources in FY 2017-18
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| | | | | | | | K. | Appointment of Replacement Representative to the Advisory Committee | | | | | |
- Request to appointment Steve Moore, Sheriff, San Joaquin County Sheriff's Department, as replacement representative for California State Sheriff's Association (CSSA) for Edward Bonner, Sheriff (ret.), Placer County Sheriff's Department, to the POST Advisory Committee.
If the Commission concurs, the appropriate action would be a MOTION to approve Steve Moore, Sheriff, San Joaquin County Sheriff's Department, appointment to the Advisory Committee to represent the CSSA.
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| | | | | | | | L. | Upcoming Commission meetings will be held: | | | | | |
- October 25 - 26, 2017 - POST, West Sacramento
- February 7 - 8, 2018 - POST, West Sacramento
- June 20 - 21, 2018 - POST, West Sacramento
- October 17 - 18, 2018 - POST, West Sacramento
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| | | | | | | | M. | 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) 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.
b) Meniooh v. State of California, N.D. Cal., Case No. C-16-0715- CRB.
c) Tamara Evans v. POST, Sacramento Superior Court, Case No. 34-2014-00164423; Eastern District of California, Case No. 2:15-cv-01951.
2) Conference with Legal Counsel – Existing/Potential Litigation: Pursuant to Government Code Section 11126(e)(1) and (2), the Commission hereby provides public notice that it may meet in closed session to consider the following matters, and/or to determine whether, based on existing facts and circumstances, any matter presents a significant exposure to litigation [see Government Code Section 11126(e)(2)(B)(ii)] and, if so, to proceed with closed session consideration and action on that matter, as necessary and appropriate [see Government Code Section 11126(e)(2)(B)(i)], or, based on existing facts and circumstances, if it has decided to initiate or is deciding to initiate litigation [see Government Code Section 11126(e)(2)(C)], or, if in the opinion of the state body on the advice of its legal counsel, based on existing facts and circumstances, there is litigation, or significant exposure to litigation, against the state body [see Government Code Section 11126(e)(2)(B)(i)]. Such consideration may include but is not limited to the following matters:
a) Matters before the Equal Employment Opportunity Commission: Charge #555-2015-001150 and Charge #555-2016-00829;
b) Soeten v. San Diego Community College District, San Diego Superior Court, Case 37-2016-00013974;
c) Public Records Act Requests/KPCC/Desert Sun.
3) Deliberations on the Appeal of Terrence McCullough: Pursuant to Government Code section 11126(c)(3), the Commission hereby provides public notice that it will conduct deliberations on the appeal of Terrence McCullough heard in the regular session.
4) Executive Director Performance Evaluation: Pursuant to Government Code section 11126(a)(1), the Commission hereby provides public notice that it intends to discuss the evaluation of performance, and the process for the evaluation of performance, of the Executive Director in closed session.
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