• Deputy Robert Rumfelt, Lake County Sheriff's Department
• Deputy Robert French, Sacramento County Sheriff's Department

• Action Summary - June 22, 2017
• Meeting Minutes - June 22, 2017

The Baldwin Park Unified School District Police Department is requesting admittance into the POST Program as a reimbursable agency.

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

The Willows Police Department has disbanded and the city has contracted with the Glenn County Sheriff's Office for law enforcement services. 

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

The Alameda/Contra Costa Transit Police Department is no longer part of the POST Program.

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

This item reflects a status report of training courses that have been certified, decertified or modified during the time frame of May 1, 2017 to August 31, 2017 of FY 2017-18. It also reflects the total number of certified courses and presenters of courses.

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

Existing law does not require POST to provide First Aid/CPR/AED training in the Basic Course, only to ensure the training has been received prior to an individual obtaining their POST Basic Certificate. The authority for overseeing course content and regulations of public safety first aid is the Emergency Medical Services Authority (EMSA).  As part of an ongoing review of Peace Officer Basic Course content, it is POST staff’s assessment the Basic Course would be better served by removing Learning Domain (LD) 34, First Aid and CPR, shifting responsibility for meeting this requirement to either a Basic Course prerequisite or post-academy training and allowing the 21 hours of minimum course content to be replaced with a newly created learning domain for principled policing/de-escalation as well as adding rifle instruction to LD 35 Firearms. This report is submitted for information only in order to generate discussion that may assist POST staff in finalizing their proposal for the February 2018 Commission meeting.

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

This report provides an update on Basic Courses testing activities since the June 2016 Commission meeting.

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

The University of San Diego (USD) and POST have agreed to permit USD to grant graduate level academic credit to graduates of the Command College program. A certificate equivalent to 12 graduate level credits may be awarded for work completed in the Command College program.

Participation is voluntary and solely arranged by the student directly with the university. POST will make the details available to all students.

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

In accordance with POST Strategic Implementation Plan Objective (B.3), in May of 2017, POST entered into a contract agreement with Mission Consulting to complete an organizational analysis of POST’s systems, structures, and processes in order to ensure greater efficiency, effectiveness, and productivity in its delivery of products, training, and services to California Law enforcement agencies.

This report provides an update on the status of the POST Organizational Analysis Project.

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

POST Staff regularly process regulatory changes at the direction of the Commission, which are then submitted to the Office of Administrative Law (OAL) for processing, public comment, and approval.  This is an informational report on the status of recent Regulatory changes the Commission has approved.

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

In January of 2017, a field survey indicated presenters were dissatisfied with several elements of the course certification process. A course certification pilot was developed with input from the field to address these elements. The pilot proposal was presented to the Commission in June of 2017 and approved for a one year term. The pilot was implemented in July of 2017 and will continue through June of 2018.

Since approval, POST personnel have been working on technology improvements, informing the field, and conducting a feedback survey. The Computer Services Bureau has dedicated personnel to improving the process for instructor resume submissions and expects to complete the work in December of 2017. Information on the new pilot has been provided to the field in the form of monthly program reports, presentations at training manager meetings and the September 2017 Basic Course Consortium. Pilot Course Certification Guidelines have also been provided to presenters.  Throughout the pilot, feedback surveys will be sent out every three months to the pilot presenters. Information from the surveys will be used to guide proposed changes to POST Regulations. 

Verbal feedback from certifying presenters has been positive thus far, specifically in the areas of timeliness, responsiveness, improved requirements, and support.  POST staff will continue to monitor the progress of the pilot and will update the Commission at future meetings.

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

This report is to advise the Commission on progress with POST efforts to advance the “Principled Policing: Procedural Justice and Implicit Bias” course and infuse the tenets of Principled Policing within POST courses and programs.

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

Funding for the Commission on Peace Officer Standards and Training (POST) was created in the State Treasury by enabling legislation, California Penal Code (PC) 13520, for the costs of administration and for grants to local governments. For the last several years POST has encountered significant challenges with respect to a reduction of incoming revenue.

Thus, POST has experienced corollary challenges providing outgoing reimbursement, and has implemented temporary cost saving measures to address the variability and fluctuation of revenues. Due to the level of uncertainty with respect to funding and to create a more stable process for allocation of reimbursement, POST staff are developing a realignment plan with respect to Reimbursement Plans that will ensure consistency in distribution of monies, allow for reimbursement levels to be more flexible to address future fluctuation in revenue, and provide staff with a better opportunity to address unique training needs and hardships for specific stakeholders.  

This process is consistent with the direction of the legislature in PC 13523, as well as Regulation 1015, which codifies Reimbursement is based upon fund availability as approved by the Commission.

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

POST Regulation 1005(a)(2) requires each newly appointed District Attorney Investigator to complete the Investigation and Trial Preparation course within 12-months of hire.  The requirements for the course are outlined in PAM Section D-14 and specify particular Learning Domains, a written test covering the listed Learning Domains, and a minimum course length of 80 hours.  A review of the course by Subject Matter Experts has determined the minimum length should be changed to 40 hours with appropriate revisions to the Learning Domains and matching testing requirements.

This report will include two documents which will be utilized to inform the Commission and the public with regards to the specifics and the impacts of legislation to POST operations.

The documents being presented to the Commission members for informational purposes are:

1) A legislative update on enacted legislation from the 2017-18 legislative session requiring legislative remedies for POST Academy operations, and new legislation introduced in the 2017-18 legislative session 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.

• Diane Hrepich, Personnel Selection Consultant (Ret.), Standards Evaluation Research Bureau, POST
• Sandra Hutchens, Sheriff, Orange County Sheriff's Department, Commissioner (Retiring)
• Mike Durant, President, Peace Officer Research Association of California (PORAC) (Retiring)
• Joseph Farrow, Commissioner (Former), California Highway Patrol
• Laren Leichliter, Deputy, San Bernardino County Sheriff's Department, Commissioner (Retiring)

The Chair of the Finance Committee will report on the results of the Finance Committee meeting held on Wednesday, October 25, 2017, in West Sacramento, California.

If the Commission concurs, the appropriate action would be a MOTION to approve the Finance Committee Report.

During Commission meetings over the past several years, a considerable amount of time has been devoted to hearing appeals of the POST Requalification and Basic Course Waiver requirements, in good part due to confusion in the interpretation of these regulations. The proposed revision involves editing and reformatting Commission Regulation 1008: Basic Course Waiver and Requalification Requirement and related requirements – Procedure D-10: Requalification Course, and Procedure D-11: Basic Course Waiver Requirement - to enhance their clarity and interpretability. To limit the inordinate amount of time spent hearing appeals during Commission meetings, a substantive change is also proposed that would limit the authority to grant exemptions to POST requalification requirements to the Executive Director alone.

If the Commission concurs, the appropriate action would be a MOTION to approve the changes as described in the staff report through the Office of Administrative Law process.  If no public hearing is requested, the changes will become effective April 1, 2018.

The POST Administrative Manual (PAM) has been created to house all POST regulations within the Publications section of the POST Internet Website, and has to be continually updated to accurately reflect the current regulations that have been approved by the Office of Administrative Law (OAL) and are contained in the California Code of Regulations (CCR).

Restructuring the POST Publications page (layout of the regulations), by removing the lettered labeling of the PAM, and creating links to the official CCR/WestLaw pages will create clarity and consistency with current regulations on the POST Internet Website.

If the Commission concurs, the appropriate action would be a MOTION to approve direct referencing of POST regulation to the California Code of Regulations 

Requirement to instruct in Regular Basic Courses, Certified Academy Instructors must complete the 40 hour Academy Instructor Certification Course (AICC) or successfully complete the AICC Equivalency Process. Once completed, a triennial recertification  24-hours of teaching and 8 hours of unspecified “professional development” is required.   Academy Directors and Modular Format Coordinators have determined that the triennial recertification requirement for Certified Academy Instructors is burdensome and unnecessary.

Removal of this requirement would keep Regulation 1009 in line with Regulation 1070 - Minimum Training Standards for Instructors of Post- Certified Specialized Training.

If the Commission concurs, the appropriate action would be a MOTION to authorize staff to pursue the proposed changes to Regulation 1009 regarding Academy Instructor Certification Course through the Office of Administrative Law process.  If no public comment is requested the proposed changes will become effective on April 1, 2018.

The timelines for officers attending the required Supervisor and Manager courses noted in Commission Regulation 1005, sections (b) and (c), have been misinterpreted and misconstrued by some agencies due to the way the sections are currently worded.

The proposed language revision to these sections will clarify the original intent of the timelines required for attending the Supervisor and Manager courses, making the sections more easily understood. The sections should now be even more clear, as the associated language now focuses on exactly what is required via regulation, and not necessarily what "may" be allowed.

If the Commission concurs, the appropriate action would be a MOTION to approve the proposed changes to Commission Regulation 1005 regarding attendance at Supervisory and Management Courses.  If a public hearing is not requested through the Office of Administrative Law process, the changes would become effective April 1, 2018.

Interim police chiefs inherently have limited terms with hiring departments. Current regulation requires a complete background investigation each time the chief is appointed to a new department, regardless of when the previous background was completed. Commission Regulation 1953 is being revised to provide a more streamlined process for the hiring of these limited term, interim chiefs. The proposed regulation would allow for the hiring authority to perform a complete background or an updated background, at their discretion, based on the interim chief having undergone a complete background investigation within a certain period of time. 

If the Commission concurs, the appropriate action would be a MOTION to approve the proposed changes to Regulation 1005 regarding selection standards for Interim Police Chiefs through the Office of Administrative Law process.  If no public hearing is requested, the changes will be effective on April 1, 2018.

In response to continually evolving training trends, some basic course presenters now have students, and, in some cases, staff members wear body-worn cameras in the training environment to become acclimated to their use and functions.

In order to ensure the continued confidentiality of POST-developed test material, revisions have been made to POST Administrative Manual Regulations 1005, 1007, 1008, 1052, and the Test Management and Security Protocols 2017.

Examples of those revisions include:

• Clarifying that body-worn cameras are not an acceptable method for presenters to utilize when recording a scenario test session

• Adding a requirement that body-worn cameras capable of recording be removed prior to a comprehensive or scenario test session

Additional revisions have been made for the purpose of clarity in test administration and security requirements and consistency in language.

If the Commission concurs, the appropriate action would be a MOTION to approve the staff recommended modifications to the Basic Courses Test Management and Security Protocols 2017, and Commission Regulations 1005, 1007, 1008, and 1052.  If no public comment is requested the changes will be effective on April 1, 2018.

The POST Peace Officer and Public Safety Dispatcher Selection Requirements are contained in Commission Regulations 1950-1960.  The requirements underwent a complete revision in 2009 to create a more cohesive and comprehensive set of regulations consistent with state laws and to align peace officer and public safety dispatcher requirements.

Commission Regulations 1951 through 1960 are being revised to clarify the medical/psychological evaluation reporting requirements and the continuing professional education (CPE) requirements for screening psychologists, align the public safety dispatcher and peace officer selection requirements, and update references to POST documents within the regulations.

If the Commission concurs, the appropriate action would be a MOTION to approve the staff recommended changes to the Peace Officer and Public Safety Dispatcher Selection Standards.  The proposed changes will be submitted through the Office of Administrative Law process.  If no public comment is requested, the proposed changes will become effective on April 1, 2018.

POST staff discovered a technical inconsistency in regulation with respect to the requirements for department heads to qualify for Supervisory and Management professional certificates.

If the Commission concurs, the appropriate action would be a MOTION to approve the changes to Regulation 1011 for Supervisory and Management professional certificates.as described in the staff report.  The proposed changes will be submitted through the Office of Administrative Law process.  If no public comment is requested, the proposed changes will become effective on April 1, 2018. 

The Chair of the Advisory Committee will report on the results of the Advisory Committee meeting held on Wednesday, October 25, 2017, in West Sacramento, California.

If the Commission concurs, the appropriate action would be a MOTION to approve the Advisory Committee report.

From POST to:

• Laurie Wood, Attorney, Southern Poverty Law Center, expressing sympathy over the untimely death of Sarah Viets, Subject Matter Expert, Southern Poverty Law Center.
• Brian Martin, Sheriff, Lake County Sheriff's Department, expressing sympathy over the tragic on-duty death of Deputy Robert Rumfelt.
• Scott Jones, Sheriff, Sacramento County Sheriff's Department, expressing sympathy over the tragic on-duty death of Deputy Robert French.

• February 7 - 8, 2018 - Westin, Los Angeles Airport, Los Angeles
• June 20 - 21, 2018 - POST, West Sacramento
• October 17 - 18, 2018 - POST, West Sacramento

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)   Tamara Evans v. POST, Sacramento Superior Court, Case No. 34-2014-00164423; Eastern District of California, Case No. 2:15-cv-01951.  

c)   People v. Garcia, Santa Clara Superior Court, Case No. CC800985;

d)   In re Claim of North Orange County Community College District, dated July 18, 2017.

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