POST COMMISSION MEETING
To view meeting: https://post.ca.gov/Watch-Meeting
To call in for public comment: +1 (571) 317-3112 Access Code: 724-933-317 Please Note: This meeting and all public comments will be recorded.

October 22, 2020
AGENDA
9:30 AM

                                       


CALL TO ORDER AND WELCOME

COMMISSION MEMBERS
Alan Barcelona Rick Braziel - Vice Chair
Lai Lai Bui Barry Donelan
Robert Doyle Joyce Dudley - Chair
Eve Berg Geoff Long
Ed Medrano - Ex-Officio John McMahon
Jethroe Moore II James O'Rourke
Batine Ramirez Laurie Smith
P. Lamont Ewell Michael Tubbs
Vacant (Public/Speaker of the Assembly)



MOMENT OF SILENCE HONORING THE OFFICERS WHO LOST THEIR LIVES IN THE LINE OF DUTY SINCE THE LAST MEETING

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.

EXECUTIVE DIRECTOR COMMENTS
The Commission Chair will introduce POST Executive Director, Manny Alvarez.
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.
Please dial in using your phone: +1 (571) 317-3112 Access Code: 724-933-317


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.

CONSENT
B.Consent Items
1.Report on Course Certification Statistics - 05/01/2020 to 08/31/2020

This is a status report of courses which have been certified and decertified from 05/01/2020 to 08/31/2020.

 

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

 

2.Report on POST Reimbursable Agency Entry - Sierra County Sheriff Department Dispatchers

The Sierra County Sheriff's Office has entered into the POST Reimbursable Program for its dispatchers.

 

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

 

3.Report on POST Reimbursable Program - New Dispatch - Southwestern Community College PD Dispatch

The Southwestern Community College Police Department has entered into the POST Reimbursable Program for its dispatchers. 

 

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

 

4.Report on POST Non-Reimbursable Agency Entry - Department of Consumer Affairs Bureau of Cannabis Control

Department of Consumer Affairs Bureau of Cannabis Control has been approved to enter into the POST Non-Reimbursable Program for its investigators.

 

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

 

5.Report on Non-Reimbursable Obsolete Agency - CA Department of Managed Health Care

California Department of Managed Health Care has been disbanded effective May 1, 2019.

 

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

 

6.Report on Decertification of Peace Officers

What is the scope and power of the Commission in decertifying peace officers and/or instituting a licensing scheme?

 

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

 

7.Report on POST Continuity of Government during Coronavirus (COVID-19) Pandemic

Executive Order N-63-20 requires the POST Executive Director to inform the Commission whenever temporary waivers are issued in relation to Regulations 1005 (Minimum Standards for Training) and 1008 (Basic Course Waiver and Requalification Requirement).

 

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

 

8.Report on Use of Force Guidelines Update

Assembly Bill 392 changed the legal standard for law enforcement use of force. Senate Bill 230, a related bill, mandated changes to law enforcement use of force policies and training.

 

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

 

9.Report on De-Escalation Publication Update

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

 

10.Report on Guidelines for Student Safety in Certified Courses Update

Management Counseling and Projects Bureau is pleased to notify the Commission of the completion of the project involving the revision, publication, and release of the POST Guidelines for Student Safety in Certified Courses 2020.

 

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

 

11.Report on Crowd Management

Management Counseling and Projects Bureau is beginning a review of the Crowd Management, Intervention, and Control Guidelines to determine if a revision should be undertaken.  

 

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

 

12.Report on Advanced Learning Platform

Pursuant to the California State Budget Act of 2020, POST was given $10 million of re-appropriated general funds to: 1) create a Distance Learning Grant Program, 2) increase the functionality of POST’s Learning Portal, and 3) upgrade previously produced and developed distance learning courses and videos.

 

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

 

13.Report on Strategic Communications Strategy

This is an informational report on a strategy for POST to enhance the knowledge of its services and programs to the public and field.

 

This report is presented for information only at the request of the Commission. No action is required.

 

14.Report on Enhanced Communications with the Field

This is an informational report on communication mechanisms for the field to comment or send inquiries to POST.

 

This report is presented for information only at the request of the Commission. No action is required. 

 

15.Report on Peace Officer Background Investigations

This report on peace officer background investigations was at the request of the Commission at their August 2020 Special Session.  

 

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

 

16.Report on the Status of Dispatch Supervisor Participation in Sherman Block Supervisory Leadership Institute (SBSLI)

This is a status report on the inclusion of dispatch supervisor students in the Sherman Block Supervisory Leadership Institute (SBSLI).

 

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

 

17.Report on Alternative Control Holds in lieu of Carotid Restraint Control Hold

This is an informational report on control hold alternatives to the carotid restraint control hold.

 

This report is presented for information only at the request of the Commission. No action is required.

 

18.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. 

 

19.Report on Legislative Update
This is a legislative update with bills of interest for the 2020-21 legislative session that POST is monitoring, 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
C.Financial Report

The Chair of the Finance Committee will report on the results of the online Finance Committee held on Wednesday, October 21, 2020 in West Sacramento, California.

 

If the Commission concurs, the appropriate action would be a MOTION to approve the Finance Committee Report from their online meeting on Wednesday, October 21, 2020 in West Sacramento, California. 


BASIC TRAINING BUREAU
D.Report on Proposed Changes to Commission Regulation 1005 – Basic Course Waiver (BCW) Application 2-267

If the Commission concurs, the appropriate action would be a MOTION to approve the changes to the Basic Course Waiver application as described in the staff report.  If no one requests a public hearing, the changes will become effective April 01, 2021.


EXECUTIVE OFFICE
E.Report on Restructuring of Advisory Committee

The POST Advisory Committee was created to serve as a sounding board for the Commission, to provide input on many complex issues, and is intended to represent a broad array of law enforcement stakeholders whose interests are served through participation in the POST Program.

This item is presented to bring the service delivery model of the Committee, as well as its composition up to date.

If the Commission concurs, the appropriate action would be a series of MOTIONS to approve the continuance and role of the Advisory Committee, as well as provide any modification or addition to the draft mission and protocols submitted by staff, to appoint and/or re-appoint current Advisory Committee members, and appoint new committee members. 

At the February 2020 Meeting, Commission Chair Dudley called for a motion to extend the Advisory Committee Members’ terms through June 2020, at which time appointments would be determined and voted on.  The motion carried unanimously to extend the Advisory Committee Members’ terms through June 2020.

 

At the June 2020 Meeting, due to other pressing matters Commissioner Dudley called for a motion to extend the Advisory Committee Members’ terms through October 2020, at which time appointments will be determined and voted on. The motion carried unanimously to extend the current Advisory Committee Members’ terms through October 2020.

 
POST Staff requests the Commission provide direction with respect to whether to formally re-appoint the below members.

 

  • Letter from Kevin Mizner, California Association of Police Training Officers (CAPTO), requesting Randy Waltz be re-appointed to the POST Advisory Committee as CAPTO's representative. Current term expired September 2019.
  • Letter stating the Public Safety Dispatch Advisory Council (PSDAC) requests the Commission re-appoint Jaime Young as PSDAC representative on the POST Advisory Committee. Current term expired October 2019.
  • Letter from Elmo Banning, Advisory Committee Public Member, seeking re-appointment to the Advisory Committee as a Public Member.  Current term expired October 2019
  • Letter from Alex Bernard, Advisory Committee Public Member, seeking re-appointment to the Advisory Committee as a Public Member.  Current term expired October 2019.
  • Letter stating the California Coalition of Law Enforcement Association (CCLEA) requests the Commission re-appoint Artin Baron as CCLEA representative on the POST Advisory Committee. Current term expired September 2019. 

 

If the Commission concurs, the appropriate action would be a MOTION to re-appoint the above Advisory Committee members.

 

POST Staff requests the Commission provide direction with respect to the below two requests.

 

  • 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.

 

Appointment of Replacement Representative to the Advisory Committee:

 

  • Letter from Kenneth Fitch requesting consideration for appointment as a public member to the Advisory Committee.

If the Commission concurs, the appropriate action would be a MOTION to approve the appointment of Kenneth Fitch.

 

Appointment of Replacement Representative to the Advisory Committee:

 

  • Letter from Eloy Ortiz Oakley, Chancellor, California Community Colleges Chancellor's Office nominating Sheneui Weber, Vice Chancellor for appointment to the Advisory Committee. 

 

If the Commission concurs, the appropriate action would be a MOTION to approve the appointment of Sheneui Weber.


TRAINING DELIVERY AND COMPLIANCE BUREAU
F.Report on Request to Amend Regulation 1052 - Instructors in POST-Certified Courses

POST staff have discovered instances where instructors have attended a portion of a POST-certified course as both a student and instructor. This report provides regulatory clarification to address the matter.

 

If the Commission concurs, the appropriate action would be a MOTION to approve the proposed changes to Regulation 1052(a)(5) as specified. 

 

 

G.Report on Request to Amend Regulation 1005 - Amend Minimum Topics for All Perishable Skills, Combine Tactical and Interpersonal Communications and Include as a Perishable Skill, Eliminate Procedure D-2-4 From Training Procedure D-2

The minimum topics for the Perishable Skills Program are addressed under Regulation 1005. As such, POST staff have identified an area of redundancy related to the former POST Administrative Manual and propose eliminating Training Procedure D-2-4. Additionally, POST staff seek to codify the requirements for Communications under the Perishable Skills Program rather than as a Continuing Professional Training Requirement.

 

Passage of this Item is contingent on passage of the Report on Amendments to Regulation 1001 (definitions).

 

If the Commission concurs, the appropriate action is a MOTION to approve the changes reflected in this report.

 

 

H.Report on Request to Amend Regulation 1001 - Revise to Include New and Update Existing Definitions Related to Distance Learning

POST staff have identified a need to amend Regulation 1001 to add and update definitions related to distance learning.

 

Passage of this Item is contingent on passage of the Report on Amendments to Regulation 1052 (perishable skills). 

 

Should the Commission concur, the appropriate action would be a MOTION to amend the changes to the Regulation articulated in the staff report.

 


COMMITTEE REPORTS
I.Advisory Committee

The Advisory Chair will report on the results of the online Advisory Committee meeting held on Wednesday, October 21, 2020, in West Sacramento, California. 

 

If the Commission concurs, the appropriate action would be a MOTION to accept the report from the online Advisory Committee meeting held on Wednesday, October 21, 2020, in West Sacramento, California.

 

 


CORRESPONDENCE
J.There is no Correspondence for discussion at this meeting.

OLD BUSINESS
K.The following items are submitted for Old Business discussion.

Terms expiring for several Advisory Committee Members. Request for consideration for appointment and/or re-appointment to the Commission on POST Advisory Committee.

 

  • Re-appointment and attachments will be discussed during the POST EXO agenda item: Report on restructuring of Advisory Committee. MOTIONS and votes will occur during that time as well.

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

February 16-17, 2022 - TBD

May 25-26, 2022 - POST HQ, West Sacramento

October 19-20, 2022 - POST HQ, West Sacramento

 

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

 

  • Appointment of placement representative to the Advisory Committee. Request for consideration of appointment to the Commission on POST Advisory Committee.

 

o   Appointment will be discussed during the POST EXO agenda item: Report on  Restructuring of Advisory Committee. MOTION and votes will occur during that time as well.

 


FUTURE COMMISSION DATES
M.Upcoming Commission Meetings will be held:
  • February 24-25, 2021 - Pasadena, California
  • June 2-3, 2021 - POST HQ, West Sacramento
  • October 20-21, 2021 - POST HQ, West Sacramento


ADJOURNMENT