POST COMMISSION MEETING
Commission on POST - 860 Stillwater Road, Ste 100, West Sacramento, CA 95605


October 24, 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 Geoff Long
Ed Medrano - Ex-Officio - Attorney General John McMahon
Jethroe Moore II James O'Rourke
Batine Ramirez Laurie Smith
Walter Vasquez Vacant - Elected City Official


COLOR GUARD AND FLAG SALUTE
The Color Guard will be provided by the Gilroy Police 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.

 

  • Officer Esmeralda Ramirez, Los Angeles Police Department   
  • Officer Tara O'Sullivan, Sacramento Police Department
  • Officer Andre Moye, California Highway Patrol

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 Scot Smithee, Gilroy 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
The 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.
The following are submitted for Commission approval.
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 the Impact of Development of Technology for Law Enforcement Use

The IMPACT team has asked Citrus Heights Police Chief, Ron Lawrence, to deliver a presentation regarding technology, addressing:

 

  • The use of technology in law enforcement
  • The limitations and storage of the required information
  • Outside influences regarding the use of technology

 

POST Law Enforcement Consultant, Stephen Crawford, Basic Training Bureau, will highlight the role POST plays in law enforcement technology. 

 

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

 


CONSENT
C.Consent Items
1.Report on Course Certification Statistics - 05/01/2019 to 08/31/2019

This item reflects a status report of training courses which have been certified and decertified or modified during the time frame of 05/01/2019 - 08/30/2019.  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 Non-Reimbursable Obsolete Agency - Supreme Court of California

Law enforcement services for Supreme Court of California were transferred to the California Highway Patrol in 1995. Therefore, the Supreme Court of California has been removed from the POST Program as a law enforcement agency.

 

This item is informational only.  There is no need for the Commission to take any action.

 

3.Report on POST Non-Reimbursable Program - New Agency - Sutter County Health & Human Services Department

The Sutter County Health & Human Services Department requested, and was approved, entry into the POST Non-Reimbursable Peace Officer Program for its welfare fraud investigators.

 

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

 

 

4.Report on POST Reimbursable Program - New Agency - Compton Community College Police Department

The Compton Community College Police Department was part of the El Camino Community College District, congruent with AB 318 (2007). The bill intended to have the merger last for five years (2012). The Compton Community College District requested to separate and become a stand-alone agency under the POST Program.   

 

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

 

 

5.Report on Proposed Change to Regulation 1070. Minimum Training Standards for Instructors of POST-Certified Specialized Training

POST is considering an update to Commission Regulation 1070 - Minimum Training Standards for Instructors of POST-Certified Specialized Training.  This proposed change would add a requirement for specialized subject instructors to attend an advanced or update training course to maintain proficiency in the subjects they teach. 

 

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

 

 

 

6.Report on POST De-Escalation Best Practices Summit Update

POST staff will present an informational briefing regarding the research completed, best practices defined, and preparatory measures taken for the forthcoming publication and training in the area of California law enforcement de-escalation.

 

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

 

7.Report on Research Regarding POST's Role in Providing Training for Civilian Oversight of Law Enforcement

The Commission instructed POST staff to research POST's potential role in providing training for civilian oversight of California law enforcement. The Commission specifically directed staff to determine what current courses might be suitable for civilians engaged in oversight.

 

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

 

 

8.Report on Innovative Grant Program

Under the Management Counseling and Projects Bureau and with administrative assistance from the Executive Office, POST initiated the Innovative Grant Program (IGP) Project.  POST has partnered with CalOES and contracted with them for technical assistance for Grant Funding Programs so as to have guidance in this venture which is new to POST.  This report is provided as a status update on the second round of funding to be released January 1, 2020. 

 

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

 

 

9.Report on Status of Use-Of-Force Legal Update Video Project

Learning Technology Resources will provide a report for the Commission on the new Legal Update video for AB 392 law changes on use of force.

 

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

 

 

10.Report on the Status of PC 196 and PC 835a Amendments per AB 392

This item provides an overview of POST's efforts to assist agencies in presenting training related to the amendments to PC 196 and PC 835a per AB 392.

 

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

 

 

11.Report on Required Training Prior to Scenario Testing

Report on required learning domains prior to scenario testing.  In an effort to standardize the administration of scenario testing, POST staff and the Scenario Committee have developed a list of prerequisite learning domains that are required prior to scenario testing.

 

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

12.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 is a legislative update and list of bills of interest for the 2019-2020 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.


FINANCE COMMITTEE
D.Financial Report

The Chair of the Finance Committee will report on the results of the Finance Committee meeting held on Wednesday, October 23, 2019, in West Sacramento, California.

 

If the Commission concurs, the appropriate action would be a MOTION to approve the Finance Committee Report from their meeting on Wednesday, October 23, 2019, in West Sacramento.


BASIC TRAINING BUREAU
E.Report On Amendment to Commission Regulation 1052, Requirements for Course Certification

The proposed changes include making updates to Regulation 1052 (Requirements for Course Certification) to amend the requirements and assignment of  Academy Directors, Coordinators and Recruit Training Officers. 

 

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

 

F.Report on Proposed Changes to the Training and Testing Specifications for Peace Officer Basic Courses - LD 35 - Firearms / Chemical Agents

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 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.

 

 

G.Report on Proposed Changes to the Training and Testing Specifications for Peace Officer Basic Courses - LD 3 Policing in the Community, LD 20 Use of Force, LD 34 First Aid/CPR/AED

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.

 

H.Report on Amendment to Commission Regulation 1055 Requirements for Course Presentations

As part of an ongoing review, POST staff reviews regulation content to determine if revisions are necessary.  POST staff recommends updating Commission Regulation 1055 to require presenters complete course rosters to include all individuals, whether or not successful completion of the course was achieved.

If the Commission concurs, the appropriate action would be a MOTION to approve the proposed changes to Commission Regulation 1055.

 

I.Report on Amendment to Commission Regulation 1005 Minimum Standards for Training

The proposed changes include making updates to Regulation 1005 (Minimum Standards for Training) to amend the requirements for Basic Course Waiver Assessment Process.

 

If the Commission concurs, the appropriate action would be a MOTION to approve the proposed changes to Commission Regulation 1005.

 

 


EXECUTIVE OFFICE
J.Report on Request to Address Advisory Committee Role

The POST Advisory Committee was created to serve as the Commission’s “eyes and ears” to provide input on many complex issues. 

This Item is presented to continue discussion in order to assess the efficacy of the Advisory Committee, whether the composition should be modified, or if the service delivery model should be adjusted to best meet the needs of the Commission and California law enforcement, as well as to appoint the current set of pending nominees for the current Advisory Committee, should the Commission decide to maintain the current composition. 

The Commission has addressed this matter at the previous three meetings, but has tabled a decision pending further evaluation of options and additional discussion.

At the May 2019 Meeting the Commission voted to maintain and/or extend any current member, regardless of term expiration, until the this current (October 2019) Commission meeting.

 

If the Commission concurs, the appropriate action would be a MOTION to approve the continuance and role of the Advisory Committee.

 

Additionally, if the Commission approves the continuance of the Advisory Committee, the appropriate action would be a MOTION to appoint and/or reappoint Advisory Committee members.

 

 

 

K.Report on Request to formally incorporate Code of Ethics language into Regulation

Over the course of the past year, at three prior Commission Meetings, the Commission approved removal of the terms “mankind,” “men,” from the Law Enforcement Code of Ethics. These decisions were vetted through the Office of Adminstrative Law (OAL) Rulemaking Process, and were approved.

 

However, follow-up research by OAL revealed Commission Procedure C-3 was apparently never formally incorporated by Regulation in past years.

 

This Item is a recommendation by staff to formally move the already-approved Law Enforcement Code of Ethics language from Commission Procedure C-3 into Regulation 1013. This is a procedural adjustment only.  No additional review of the Law Enforcement Code of Ethics language is required.

 

If the Commission concurs, the appropriate action would be a MOTION to approve the proposed changes to the Law Enforcement Code of Ethics by codifying the text into Regulation 1013 as described in Attachment A. 



TRAINING DELIVERY AND COMPLIANCE BUREAU
L.Report on Amendment to Regulation 1055

Regulation 1055 (h) refers to Regulation 1053.   It should refer to Regulation 1052.

 

If the Commission concurs, the appropriate action would be a MOTION to approved the modification to Regulation 1055 as described. 

 

 

M.Report on Request to Amend Regulation 1052 - Injury Reporting, Revision Date and Training Site Address

 

Regulation 1052 - Requirements for Course Certification, lists the requirements to obtain course certification. POST staff is recommending the inclusion of a requirement to report training related injuries requiring more than basic first aid, revision date in the course outline (referred to as the Expanded Course Outline - ECO) as well as an address, phone number, and contact person for each training site in required safety policies.

 

If the Commission concurs, the appropriate action would be a MOTION to approve the changes as described in the staff report; to add a reminder for safe training practices and a requirement to report training related injuries requiring more than basic first aid, a revision date in the footer of the course ECO document, and a requirement to include in course safety policies the address, phone number, and name of a contact person for each training site.

 

N.Report on POST Policy and Procedures for Reporting Injuries per Regulation 1052

 

This is an overview of the policy and procedure POST has developed to assist presenters in reporting injuries requiring more than basic first aid, per proposed amendments to Regulation 1052. Additionally, the Injury Reporting Form presenters will use will allow POST to capture data regarding injuries sustained during training for trend analysis.

 

This report addresses the policy and procedures based on any approved changes to Regulation 1052 in a related Agenda Item. An attachment is available to provide viewing of the policy and procedure for injury reporting as well as the online Regulation 1052 Injury Report Form in accordance to the proposed amendment to Regulation 1052.

 

If the Commission concurs, the appropriate action would be MOTION to approve the policy and procedures for injury reporting and the online Regulation 1052 Injury Report Form.

 

 


TRAINING PROGRAM SERVICES BUREAU
O.Report on Amendment to Commission Regulation 1052, Course Budget Requirements

POST staff is proposing a regulation change that clarifies when a course budget must be completed in the certification process which will allow POST to hold course presenters accountable on course expenditures when the State funds the course.

 

If the Commission concurs, appropriate action would be a MOTION to approve the proposed changes to the completion of the course budget. 

 


COMMITTEE REPORTS
P.Advisory Committee

The Advisory Chair will report on the results of the Advisory Committee meeting held on Wednesday, October 23, 2019, in West Sacramento, California. 

 

If the Commission concurs, the appropriate action would be a MOTION to accept the report from the Advisory Committee meeting held on Wednesday, October 23, 2019, in West Sacramento, California.


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

 

To POST from:

  • Todd Spitzer, District Attorney, Orange County, requesting consideration for instituting mandated and recurring discovery training for CA Peace Officers.

 

From POST to:

  • Michael Moore, Chief, Los Angeles Police Department; expressing deep sympathy over the tragic on-duty death of Officer Esmeralda Ramirez.
  • Daniel Hahn, Chief, Sacramento Police Department; expressing deep sympathy over the tragic on-duty death of Officer Tara O'Sullivan.
  • Warren Stanley, Commissioner, California Highway Patrol (CHP); expressing deep sympathy over the tragic on-duty death of Officer Andre Moye.
  • Todd Spitzer, District Attorney, Orange County, providing discovery training background information and intent to present letter at next Commission meeting.

OLD BUSINESS
R.The following items are submitted for discussion.

 

Terms expiring for several Advisory Committee members.  Request consideration for appointment and/or reappointment to Commission on POST Advisory Committee.

 

  • Reappointments and attachments will be discussed during the POST EXO agenda item:  Report on Request to Address Advisory Committee Role.  MOTIONS and votes will occur during that time as well.

 


NEW BUSINESS
S.The following items are submitted for New Business discussion.
  • Consideration for next Commission Meetings.

 

              February 24-25, 2021 - TBD

              June 2-3, 2021 - POST HQ, West Sacramento

              October 21-22, 2021 - POST HQ, West Sacramento

 

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

  

  • Letter from Eduardo Esquivel representing himself and requesting consideration for Appointment as a member of the POST Advisory Committee. 
  •  

    If the Commission concurs, the appropriate action would be a MOTION to approve the appointment of Eduardo Esquivel as member of the POST Advisory Committee.

     


    FUTURE COMMISSION DATES
    T.Upcoming Commission meetings will be held:
    • February 12-13, 2020 - San Diego, California
    • June 3-4, 2020 - POST, West Sacramento
    • October 21-22, 2020 - POST, West Sacramento

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

       

    b) 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.

     

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


    ADJOURNMENT