POST COMMISSION MEETING
To view meeting: https://post.ca.gov/Watch-Meeting
To call in for public comment: +1 (786) 535-3211 Access Code: 581-069-421 Please Note: This meeting and all public comments will be recorded.

February 24, 2021
AGENDA
1:00 PM

                                       


Under Government Code section 11123(a), all meetings of a state body are open and public, and all persons are permitted to attend any meeting of a state body, except as otherwise provided in that article. Pursuant to Executive Order N-29-20, certain provisions of the Bagley-Keene Open Meeting Act are suspended due to a State of Emergency in response to the COVID-19 pandemic. Consistent with the Executive Order, this Commission meeting will be conducted by teleconference only. None of the locations from which Commissioners will participate will be open to the public.

Members of the public who wish to observe the meeting may view the meeting streamed live on the Commission webpage at https://post.ca.gov/Watch-Meeting. Members of the public who wish to comment during the public comment portion of the meeting may do so by calling: +1 (786) 535-3211 and entering Access Code: 581-069-421 or via the comments page. Written comments will be processed for the Commission to review, and therefore must be received no later than 8:00 am PST, on February 22, 2021 for administrative preparation.

Persons who, due to a disability, need assistance in order to participate in this meeting should, prior to the meeting, contact the Commission Assistant at (916) 227-2803 (voice), keri.nunez@post.ca.gov (e-mail) and Speech-to-Speech users may dial 7-1-1 for the California Relay Service to submit comments on an agenda item or to request special accommodations for persons with disabilities.

PLEASE NOTE: THE COMMISSION MAY TAKE ACTION ON ANY ITEM LISTED ON THIS AGENDA, INCLUDING ITEMS LISTED AS DISCUSSION ITEMS. This meeting and all public comments will be recorded.

CALL TO ORDER AND WELCOME

COMMISSION MEMBERS
 Alan Barcelona  P. Lamont Ewell
 Ingrid Braun  Geoff Long
 Rick Braziel - Vice Chair  John McMahon
 Lai Lai Bui  Ed Medrano - Ex-Officio
 Barry Donelan  Jethroe Moore II
 Robert Doyle   James O'Rourke
 Joyce Dudley - Chair  Batine Ramirez
 Vacant (Elected City Official)  Vacant (Police Chief/Sheriff)
 Vacant (Public/Speaker of the Assembly)   Vacant (Police Chief/Sheriff) 

 

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 Andy Ornelas, California Highway Patrol
  • Deputy Adam Gibson, Sacramento County Sheriff's 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.

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 (786) 535-3211 Access Code: 581-069-421


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 - 09/01/2020 to 12/31/2020

This is a status report of courses which have been certified and decertified from 09/01/2020 to 12/31/2020. 

 

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

 

2.Report on Reimbursable Obsolete Agency - Oakland Unified School District Police Department

Oakland Unified School District Police Department has disbanded effective January 11, 2021. 

 

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

 

3.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), 1008 (Basic Course Waiver and Requalification Requirement), and 1070 (Minimum Training Standards for Instructors of POST-Certified Specialized Training).

 

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

 

4.Report on the Specialized Investigator Classification and the Specialized Investigators’ Basic Course

This report includes a comparison of the training requirements of the Specialized Investigators’ Basic Course and the Regular Basic Course. 

 

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

 

5.Report on Strategic Plan Update

This is an informational report on efforts to update the POST Strategic Plan.

 

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 Racial Identify Profiling Advisory (RIPA) Board 2021 Annual Report

This is a report on the Racial Identify Profiling Advisory (RIPA) Board 2021 Annual Report which includes recommendations to POST.

 

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

 

8.Report on Legislative Update
This is a legislative update with bills of interest for the 2021-22 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, February 24, 2021, 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, February 24, 2021, in West Sacramento, California.


BASIC TRAINING BUREAU
D.Report on Proposed Changes to Regulation 1071 and 1083 - Training Standards for Basic Course Presenter Staff Positions

Staff recommends an update the training requirement for basic course staff positions to include completion of the Director/Coordinator Orientation program prior to performing the duties of a Director or Coordinator.

 

If the Commission concurs, the appropriate action would be a MOTION to approve the changes as described in the staff report. The proposed changes are subject to the rulemaking process with a proposed effective date of October 1, 2021.

 

E.Report on Proposed Changes to Regulation 1005 - Basic Course Waiver Form

Proposed revision to Regulation 1005 would create a new Specialized Investigators' Basic Course Waiver form (POST 2-353) and update the Regular Basic Course Waiver form (POST 2-267). 

 

If the Commission concurs, the appropriate action would be a MOTION to approve the changes as described in the staff report. The proposed changes are subject to the rulemaking process with a proposed effective date of October 1, 2021.


EXECUTIVE OFFICE
F.Report on Changes to Amend Commission Regulations and Commission Procedures to Remove POST Administrative Manual (PAM) References

This report addresses the need to remove the definition of “POST Administrative Manual (PAM)” from Regulation 1001 and eliminate all references of PAM from Commission Regulations 1001, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1014, 1015, 1016, 1018, 1051, 1052, 1054, 1055, 1056, 1057, 1058, 1059, 1060, 1070, 1080, 1081, 1082, 1083, 1084, 1950, 1953, 1954, 1955, 1956, 1959, 1960 and Commission Procedures D-1, D-3, D-4, D-5, D-6, D-8, D-9, D-13, D-14, D-15, G-1 and H-3. Additionally, this report addresses the removal of the Public Safety Dispatchers’ (PSD) Basic Course from the certification requirements outlined in Commission Regulation 1059.

 

If the Commission concurs, the appropriate action would be a MOTION to approve the changes as described in the staff report.

 

G.Report on Request to Modify the 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 reappoint current Advisory Committee members, and appoint new committee members. 

At the February 2020 Meeting, the Commission extended the Advisory Committee Members’ terms through June 2020.

At the June 2020 Meeting, the Commission extended the Advisory Committee Members’ terms through October 2020.

At the October 2020 Meeting, the Commission extended the Advisory Committee Members’ terms through February 2021. 

 

POST staff requests the Commission provide direction with respect to whether to formally reappoint the below members:

  • Letter from Kevin Mizner, California Association of Police Training Officers (CAPTO), requesting Randy Waltz be reappointed 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 reappoint Jaime Young as PSDAC representative on the POST Advisory Committee. Current term expired October 2019.

  • Letter from Elmo Banning, Advisory Committee Public Member, seeking reappointment to the Advisory Committee as a Public Member.  Current term expired October 2019. 

  • Letter from Alex Bernard, Advisory Committee Public Member, seeking reappointment 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 reappoint 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 reappoint the above Advisory Committee members.

 

POST staff requests the Commission provide direction with respect to the below three 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 a member of the POST Advisory Committee.

 

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

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

 

  • Letter from California Highway Patrol Commissioner Amanda Ray, nominating Ezery Beauchamp for appointment to the Advisory Committee. 

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


TRAINING DELIVERY AND COMPLIANCE BUREAU
H.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 changes as described in the staff report. 

 

I.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.

 

If the Commission concurs, the appropriate action would be a MOTION to approve the changes as described in the staff report.

 

J.Report on Request to Amend Regulations 1052 and 1053 - Move Regulation 1052(e) to Regulation 1053 and Rename Distance Learning Course Certification

POST staff have identified a need to amend Regulations 1052(e) and 1053, respectively to address the course certification process for training provided through various distance learning options.

 

If the Commission concurs, the appropriate action would be a MOTION to approve the changes as described in the staff report.

 

K.Report on Request to Amend Regulation 1015 - Plan V Presenter Reimbursement and Amend Presenter Reimbursement Request Form (POST 2-243)

POST staff identified a potential source of confusion for presenters submitting a Presenter Reimbursement Request  (PRR) form. This report provides regulatory clarification to address the matter.

 

If the Commission concurs, the appropriate action would be a MOTION to approve the changes as described in the staff report.

 

L.Report on Request to Amend Regulation 1005 - Remove Force Options Simulator as Option to Meet Tactical Firearms PSP Requirements

POST staff have identified a need to amend Regulation 1005(d)(4) to remove the Force Options Simulator as an option for fulfilling the Tactical Firearms requirement of the Perishable Skills Program based on the inability of force options simulators to provide opportunities to meet all required minimum topics for Tactical Firearms.

 

If the Commission concurs, the appropriate action would be a MOTION to approve the changes as described in the staff report.

 

M.Report on Request to Amend Regulation 1005 - Addition of Use of Force to Perishable Skills Requirement

POST staff have identified a need to amend Regulation 1005(d)(4) to add Use of Force training as a requirement of the Perishable Skills Program (PSP).

 

If the Commission concurs, the appropriate action would be a MOTION to approve the changes as described in the staff report.

 

N.Report on Request to Amend Regulation 1005 - Remove Law Enforcement Driving Simulator as Option to Meet Driver Training/Awareness PSP Requirement

POST staff have identified a need to amend Regulation 1005(d)(4) to remove the Law Enforcement Driving Simulator (LEDS) as an option for fulfilling the Driver Training/Awareness requirement of the Perishable Skills program based on the machines becoming obsolete and their inability to provide opportunities to meet all minimum topics of Driver Training/Awareness.

 

If the Commission concurs, the appropriate action would be a MOTION to approve the changes as described in the staff report.


COMMITTEE REPORTS
O.Advisory Committee

The Advisory Chair will report on the results of the online Advisory Committee meeting held on Wednesday, February 24, 2021, 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, February 24, 2021, in West Sacramento, California.


CORRESPONDENCE
P.The following correspondence was sent from POST:
  • Amanda Ray, Commissioner, California Highway Patrol; expressing deep sympathy over the tragic on-duty death of Officer Andy Ornelas.
  • Scott Jones, Sheriff, Sacramento County Sheriff's Department; expressing deep sympathy over the tragic on-duty death of Deputy Adam Gibson.

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

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

 

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

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

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

 

  • Appointment and attachment will be discussed during the POST EXO agenda item: Report on Request to Modify the Advisory Committee. MOTION and votes will occur during that time as well.

FUTURE COMMISSION DATES
S.Upcoming Commission Meetings will be held:
  • June 2-3, 2021 - POST HQ, West Sacramento
  • October 20-21, 2021 - POST HQ, West Sacramento
  • February 16-17, 2022 - TBD


ADJOURNMENT