POST COMMISSION MEETING
San Bernardino Santa Fe Depot, 1170 West Third Street, San Bernardino, CA 92410


February 21, 2019
AGENDA
9:30 AM

                                       


CALL TO ORDER AND WELCOME

COMMISSION MEMBERS

Alan Barcelona                                   Rick Braziel – Vice Chair     

Lai Lai Bui-Little                               Thomas Chaplin

Barry Donelan                                    Robert Doyle

Joyce Dudley – Chair                         Kevin Gardner

Geoff Long                                         John McMahon

Jethroe Moore, II                                James O’Rourke

Batine Ramirez                                   Laurie Smith

Walter Vasquez                                  Vacant – Rank and File


COLOR GUARD AND FLAG SALUTE
The Color Guard will be provided by the San Bernardino County Sheriff's Department.

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.
  • Sergeant Ron Helus, Ventura County Sheriff's Office
  • Officer Toshio Hirai, Gardena Police Department
  • Deputy Antonio Hinostroza, Stanislaus County Sheriff's Department
  • Corporal Ronil Singh, Newman Police Department
  • Officer Natalie Corona, Davis Police Department

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.

OPENING REMARKS
Chief Mark Kling, Rialto Police Department, will provide Opening Remarks.

PUBLIC COMMENT
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 POST Executive Director, Manny Alvarez.

APPROVAL OF ACTION SUMMARY AND MINUTES
A.Approval of the Action Summary and Minutes of the previous Commission meeting.
Approval of Action Summary and Minutes of the previous Commission meeting.
If the Commission concurs, the appropriate action would be a MOTION to approve the Action Summary and Meeting Minutes from the last Commission meeting.

EMERGING TRENDS
B.Emerging Trends

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 Impact of the Dark Web on Law Enforcement’s Future

Report on Emerging Trends at the Executive Level: The Impact of the Dark Web on Law Enforcement’s Future

 

Los Angeles Sheriff's Department Lieutenant Shawn Kehoe graduated with Command College Class 63 and completed a Futures Portfolio project on the Impact of the Dark Web on Law Enforcement’s Future. He will be presenting this Master’s level project with highlights of what his research may mean for the future of Law Enforcement.

 

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


CONSENT
C.Consent Items
1.Report on POST Non-Reimbursable Agency Entry - CA Office of Law Enforcement Support

CA Office of Law Enforcement Support is seeking entry into the POST Non-Reimbursable Peace Officer Program for its peace officers.

 

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

 

2.Report on POST Reimbursable Program Obsolete Agency – Kingsburg Police Department Dispatch

The Kingsburg Police Department no longer maintains a Public Safety Access Point/Dispatch Center as of March 2016.  

 

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

 

3.Report on POST Reimbursable Program Obsolete Agency – Monterey Reg Airport Dist PD

Monterey Regional Airport District Police Department has been disbanded as of October 1, 2018.

 

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


4.Report on the Status of the Basic Course Pilot Project

This is a report on the current status of the Basic Course Pilot project.  The work involved in the project included identifying academies willing to participate in a pilot. Three academies agreed to participate in the project. The work involved in developing and evaluating the revised training included:

 

  • Establishing subject matter and other technical experts 
  • Developing and revising Training and Testing Specifications to include Principled Policing, De-escalation, and Tac-Med  
  • Updating Student Workbooks  
  • Assessing the amount of time required to complete the training  

 

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

 

5.Report on Basic Courses' Testing, Remedial Training, and Retesting

POST staff conducted a survey of the regular basic course presenters.  The Basic Training Bureau will be making a presentation regarding the survey results and current practices the POST Basic Training Bureau provides in order to enhance student success.

 

 

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

 

 

 

6.Report on POST Proposed Regulatory Actions/Status

The Commission has asked for staff to present ongoing reports on the status of regulatory actions once they have been approved by the Commission. This report reflects the progress of such actions as they move through the regulatory process.

 

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

 

 

7.Report on Legislative Update

This report will include one document which will be utilized to inform the Commission and the public with regard to the specifics and the impacts of legislation to POST operations.

 

The document being presented to the Commission members for informational purposes is:

 

  1. A legislative update and list of bills of interest for the 2019-20 legislative session that POST is tracking, some of which may affect POST operations, and/or affect our law enforcement partners.  (See Attachment A).

 

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


FINANCE COMMITTEE
D.Financial Report

The Chair of the Finance Committee will report on the results of the Finance Committee meeting held on Wednesday, February 20, 2019, in San Bernardino, California.

 

If the Commission concurs, the appropriate action would be a MOTION to approve the Finance Committee Report from their meeting on Wednesday, February 20, 2019, in San Bernardino. 

 

And, if the Commission concurs the appropriate action would be a ROLL CALL VOTE by groups of contracts to authorize the Executive Director to renew Law Enforcement Training and Administrative Contracts. 

 

 


BASIC TRAINING BUREAU
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, or to improve student learning and evaluation.

 

If the Commission concurs, the appropriate action would be a MOTION to approve the proposed changes to the Training and Testing Specifications for Peace Officer Basic Courses.

 


EXECUTIVE OFFICE
F.Request to Modify Language in Law Enforcement Code of Ethics

The Law Enforcement Code of Ethics, which is administered to both academy recruits and newly appointed peace officers, affirms that officers will serve their communities while protecting the Constitutional rights of all, and will act in a manner consistent with law and departmental policies and do so ethically and without undue influence.

 

Although the Code of Ethics has remained relatively consistent, there is a possible need to review the language to ensure that it remains relevant and inclusive of all who serve as peace officers, and those who are served by California law enforcement.

 

If the Commission concurs, the appropriate action would be a MOTION to approve the proposed changes to the Law Enforcement Code of Ethics and read any revision into the record for staff to memorialize.

 

 

 

G.Report on Commission Regulation 1052, Requirements for Course Certification (Pilot Presentation)

At the October 18, 2018 Commission meeting, POST staff presented proposed changes to the pilot presentation regulatory language and received permission from the Commission to submit the changes to the Office of Administrative Law (OAL) for review.

 

Review of the proposed changes by OAL revealed additional clarification of a few of the process steps was necessary. These additional changes require a 15-day notice to the public with comment period and approval of the changes by the Commission. The 15-day notice/comment period will conclude prior to the February 21, 2019, meeting. 

 

If the Commission concurs, the appropriate action would be a MOTION to approve the proposed changes to Regulation 1052, Requirements for Course Certification. 

 

 

H.Report on Amendment to Commission Regulation 1015, Reimbursement, Creating Plans VI and VII ( Regional Training)

Current Regulation and Procedures regarding reimbursement do not provide the Executive Director, or his/her designee, the flexibility to adjust reimbursement levels commensurate with the needs of the field.  In particular, the need to meet Continuing Professional Training and Perishable Skills mandates, as well as to address critical contemporary needs in the areas of Procedural Justice, Crisis Intervention Behavioral Health Training, and De-escalation, are difficult to adjust. 

 

Further, agencies in comparatively remote areas of the state often do not have easy access to quality training and have difficulty affording training.  They also have challenges providing officers time off to attend training without depreciating resources needed to minimally staff the field.

 

To remedy these challenges, POST staff propose establishment of an additional Plan VI (Regional Training Plan) and Plan VII (Regional Training Plan with back-fill salary).   This will allow POST to more effectively distribute monies to assist those agencies that have struggled to meet training mandates and needs due to agency budget reductions, as well as those agencies in comparatively remote regions of California that lack proximity to training courses.

 

This proposal will also allow POST more opportunity to make use of the recent allocation of monies dedicated by the legislature,as well as law enforcement priorities articulated by the Governor in his proposed budget, to invest in training for CA peace officers.

 

If the Commission concurs, the appropriate action would be a MOTION to approve the proposed changes to Plan VI and VII to more effectively distribute monies.

 

 



LEARNING TECHNOLOGY RESOURCES BUREAU

MANAGEMENT COUNSELING AND PROJECTS BUREAU
I.Report on Innovative Grant Program

The Innovative Grant Program is designed to grant funds on a competitive basis to qualified public and private entities for the purposes of fostering innovations in training and procedures for law enforcement officers with the goal of reducing the number of officer involved shootings statewide. 

 

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

 


TRAINING DELIVERY AND COMPLIANCE BUREAU
J.Report on the Course Certification Statistics from 9/1/2018-12/31/2018

This section reflects a status report of training courses which have been certified, decertified and modified during the time frame of 9/1/2018 to 12/31/2018 of FY 2018/19. It also reflects the total number of certified courses and presenters of courses.

 

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


TRAINING PROGRAM SERVICES BUREAU
K.Report on Amendment to Commission Regulation 1052, Requirements for Course Certification

In June of 2017, the Commission approved a Course Certification Pilot Project. The pilot was implemented in July of 2017. Based on the positive feedback from course presenters and reduced completion times for certification, POST staff is proposing regulation changes to support the new course certification process, thus removing the pilot status and making the process permanent.

 

The Notice of Proposed Regulatory Action procedures have already been started. The 45-day public comment period was concluded on November 13th, 2018 with no comments. Proposed changes to Regulation 1052 will be submitted through Office Administrative Law (OAL) if authorized by the Commission.

 

If the Commission concurs, appropriate action would be a MOTION to authorize the Executive Director to approve the proposed changes to POST Regulations 1052 through the Office of Administrative Law (OAL) process.

 

 

L.Report on Progress of Crisis Intervention Behavioral Health, De-escalation, and Procedural Justice Training

The Legislature has provided POST with one-time allocations to address contemporary issues that are of importance to the law enforcement profession, as well as the communities they serve, in the following amounts:

 

  • Crisis Intervention Behavioral Health Training: $5 million
  • De-escalation Training: $15 million
  • Procedural Justice Training: $5 million

 

POST has aggressively begun an effort put these funds to immediate use, to provide this critical training to law enforcement officers across the state.

 

POST Staff will provide the Commission with a report on the progress of efforts to utilize these funds and increase training opportunities in these disciplines.

 

This report is for information only.  No action is required by the Commission.


COMMITTEE REPORTS
M.Sub-Committee

The Sub-Committee Chair will report on the results of the Sub-Committee meeting held on Wednesday, February 20, 2019, in San Bernardino, California.

 

If the Commission concurs, the appropriate action would be a MOTION to accept the report from the Sub-Committee meeting held on Wednesday, February 20, 2019.

 

 

N.Advisory Committee

The Advisory Chair will report on the results of the Advisory Committee meeting held on Wednesday, February 20, 2019, in San Bernardino, California.

 

If the Commission concurs, the appropriate action would be a MOTION to accept the report from the Advisory Committee meeting held on Wednesday, February 20, 2019.


CORRESPONDENCE
O.The following correspondence was sent to and from POST.

 

To POST from:

 

  • Damien Sandoval, Chairperson, California Academy Directors Association; requesting holding proposed restructure of POST Commission Advisory Committee until collaborative discussion occurs.
  • Steve Moore, CSSA President, Sheriff, San Joaquin County, requesting Sheriff Rick DiBasilio to represent CSSA on the Commission on POST Advisory Committee as replacement for Sheriff Steve Moore.

 

From POST to:

 

  • Bill Ayub, Sheriff, Ventura County Sheriff's Office, expressing deep sympathy over the tragic on-duty death of Sergeant Ron Helus.
  • Adam Christianson, Sheriff-Coroner, Stanislaus County Sheriff's Department, expressing deep sympathy over the tragic on-duty death of Deputy Antonio Hinostroza.
  • Thomas Kan, Chief of Police, Gardena Police Department, expressing deep sympathy over the tragic on-duty death of Officer Toshio Hirai.
  • Randy Richardson, Chief of Policy, Newman Police Department, expressing deep sympathy over the tragic on-duty death of Corporal Ronil Singh.
  • Darren Pytel, Chief of Police, Davis Police Department, expressing deep sympathy over the tragic on-duty death of Officer Natalie Corona.

 

 


OLD BUSINESS
P.The following item is submitted for discussion.

 

At the October 18, 2018, Commission Meeting, the Commission decided to delay the discussion of the following items until the February 2019 meeting. 

 

  • Appointment of replacement representative to the Advisory Committee.   Request to appoint Professor Kathy Oborn, M.S., President of the California Association of Administration of Justice Educators (CAAJE), to the POST Advisory Committee as replacement representative for Bradley J. Young.  

 

If the Commission concurs, the appropriate action would be a MOTION to approve the appointment of Professor Kathy Oborn, President, CAAJE. 

 

 


NEW BUSINESS
Q.The following items are submitted for New Business discussion.

 

  • Consideration for next Commission Meetings.

 

              February 12-13, 2020 - TBD

              June 3-4, 2020 - POST HQ, West Sacramento

              October 21-22, 2020 - POST HQ, West Sacramento

 

  • Executive Director Performance Review - May 23, 2019

 

If the Commission concurs, the appropriate action would be a MOTION to approve the next Commission Meeting dates and locations.

 

If the Commission concurs, the appropriate action would be a MOTION to approve the date of the Executive Director Performance Review. 


FUTURE COMMISSION DATES
R.Upcoming Committee Meetings will be held:

 

May 29-30, 2019 - POST, West Sacramento

October 23-24, 2019 - POST, West Sacramento

 


CLOSED SESSION
S.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) Alice Cotti and Vladimir Serdyukov v. California Department of Social Services et al, United States District Court, Northern District, Case No. 5:18-CV-02980 BLF.

 

b) Jeremy Maurer v. Commission on Peace Officer Standards and Training, Sacramento Superior Court, Case No 34-2018-80002807.

 

c) 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.

 

d) 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) Public Records Act Requests/Release of information to UC Berkeley Investigative          Reporting Program/Investigative Studios


ADJOURNMENT