POST COMMISSION MEETING
Commission on POST - The Westin Pasadena; 191 N. Los Robles Ave., Pasadena CA, 91101


September 1, 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-08-21, certain provisions of the Bagley-Keene Open Meeting Act are suspended due to a State of Emergency in response to the COVID-19 pandemic.

This Commission meeting will be conducted in person at The Westin Pasadena. Members of the public who wish to comment during the public comment portion of the meeting may do so by attending the meeting at 191 N. Los Robles Ave., Pasadena, CA 91101 or may submit written comments ahead of the meeting via the comments page. Written comments will be processed for the Commission to review, and therefore must be received no later than 8:00 a.m. PST on August 30, 2021 for administration 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 THE 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 Marsh - Ex-Officio
Lai Lai Bui James O'Rourke
Barry Donelan Batine Ramirez
Robert Doyle Vacant (Police Chief/Sheriff)
Joyce Dudley - Chair Vacant (Police Chief/Sheriff)
Vacant (Elected City Official) Vacant (Police Chief/Sheriff)
Vacant (Public/Speaker of the Assembly) Vacant (Public Member)


COLOR GUARD AND FLAG SALUTE
The Color Guard will be provided by the Pasadena 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.
  • Sergeant Dominic Vaca, San Bernardino Sheriff's Department 
  • Deputy Anthony Redondo, Imperial County Sheriff's Office
  • Deputy Phillip Campas, Kern County Sheriff's Office

ROLL CALL OF COMMISSION MEMBERS

INTRODUCTION OF POST LEGAL COUNSEL AND THE EXECUTIVE DIRECTOR
Commission Chair will introduce the POST Legal Counsel and the Executive Director.

OPENING REMARKS
Chief John Perez, Pasadena 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.
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 Assembly Bill No. 332 Peace Officers: Education Stats

At the June 2021 meeting, the Commission asked POST staff to provide a breakdown of ethnicity, age, and education from the recently completed Assembly Bill (AB) 332 report to the Legislature.  

 

During the AB 332 research, staff analyzed data collected from 2,774 academy students from the 23 intensive Regular Basic Course (RBC) academies July 2019-July 2020.

 

This report is presented as information only for the Commission, in relation to AB 89, which is proposed legislation regarding mandatory formal educational and age requirements for peace officers. No action is required. 


2.Report on Public Hearing Requested By Chief District Attorney Investigators

On June 2, 2021, the Commission on Peace Officer Standards and Training (POST) approved a proposed amendment to Commission Regulation 1005(a), Minimum Standards for Training for District Attorney Investigators (DAIs). The amendment, upon approval of the Office of Administrative Law (OAL), will allow completion of the Regular Basic Course (RBC), or Specialized Investigators Basic Course (SIBC), to meet the basic training requirements for DAIs.

 

On July 16, 2021, and by follow up email on August 9, 20201, a group of 46 Chief DAIs submitted a letter to POST expressing their opposition to the amendment. Furthermore, the Chief DAIs requested a public hearing.

 

 Pursuant to Government Code section 11346.4, POST will host a public hearing at the completion of the 45-day public comment period. The public hearing will tentatively be scheduled for 9:00 AM on September 20, 2021. The location of the public hearing will be: 860 Stillwater Road, Suite 100, West Sacramento, CA 95605. The public hearing will also be live streamed at: https://post.ca.gov/watch-meeting.

 

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

 

3.Report on the Basic Course Curriculum Regarding the History of Law Enforcement

This is a report on the Basic Course curriculum regarding the history of law enforcement.  

 

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

 

4.Report on Supervisory Leadership Institute and Inclusion of Corrections Sergeants

This is a report on the possible inclusion of Correctional Sergeants into the Sherman Block Supervisory Leadership Institute (SLI).

 

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

 

5.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. 

 

6.Report on Quality Assessment Program

This is a report on the Quality Assessment Program reviewing Fiscal Years 2018/2019, 2019/2020, and 2020/2021.

 

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


FINANCE COMMITTEE
C.The Commission will not review any items from the Finance Committee at this Special Session.

BASIC TRAINING BUREAU
D.Report on Proposed Changes to the Training and Testing Specifications for Peace Officer Basic Courses (LD 33 - Arrest and Control)

The Training and Testing Specifications (Learning Domain 33 – Arrest and Control) have been updated to reflect emerging training needs regarding body positioning of restrained subjects.

 

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
E.Report on Request to Approve the 2021 Strategic Plan
The 2021 Strategic Plan was developed to serve as a road map to continue directing the organization’s efforts and resources, picking up where the 2015 Strategic Plan left off. The revised and refreshed 2021 document unifies the efforts of POST staff and brings cohesiveness to their work. The completed 2021 Strategic Plan will guide POST's efforts through the next three to five years.

If the Commission concurs, the appropriate action would be a MOTION to approve the 2021 Strategic Plan.

STRATEGIC COMMUNICATIONS AND RESEARCH BUREAU
F.Report on Proposed Changes to Regulations 1953 (Peace Officer Background Investigation) and 1955 (Peace Officer Psychological Evaluation)

This is a report on the proposed regulation changes to Commission Regulations 1953 and 1955 commensurate with Assembly Bill (AB) 846.

 

Staff is requesting Commission approval, subject to the Notice of Proposed Regulatory Action process, for the proposed changes to Commission Regulations 1953 and 1955, including incorporating the Bias Assessment Framework and adding Multicultural Competence to the list of psychological evaluator competencies.  

 

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

TRAINING DELIVERY AND COMPLIANCE BUREAU
G.Report on Request to Amend Regulations 1001, 1052 and 1053 - Add Definitions Related to Distance Learning, Move Regulation 1052(e) to Regulation 1053, and Rename Distance Learning Course Certification

POST staff recommends the Commission approve the amendments as specified to Commission Regulations 1052 and 1053, respectively, to combine all regulations related to distance learning under Commission Regulation 1053 and rename it as "Requirements for Distance Learning Course Certification."

 

POST staff recommend the Commission also approve the amendments as specified to Commission Regulation 1001 to add numbering and define terms 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. 


TRAINING PROGRAM SERVICES BUREAU
H.Report on Request to Renew the Contract for Quality Assessment Program

Should the Commission authorize the Executive Director to enter into a contract with a qualifying entity for the presentation of the POST Quality Assessment Program (QAP) in an amount not to exceed $205,700.00?

 

If the Commission concurs, the appropriate action would be a MOTION to approve the contract as enumerated in this report.


COMMITTEE REPORTS
I.The Commission will not hear Committee reports at this Special Session.

CORRESPONDENCE
J.The following correspondence was sent from POST:

From POST to:

  • John McMahon, Sheriff, San Bernardino County Sheriff's Department; expressing deep sympathy over the tragic on-duty death of Sergeant Dominic Vaca.
  • Raymond Loera, Sheriff, Imperial County Sheriff's Office; expressing deep sympathy over the tragic on-duty death of Deputy Anthony Redondo. 
  • Donny Youngblood, Sheriff, Kern County Sheriff's Office, expressing deep sympathy over the tragic on-duty death of Deputy Phillip Campas. 

OLD BUSINESS
K.There is no Old Business for discussion at this Special Session.

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

1. Appointment of Replacement Representative to the Advisory Committee:

 

  • Request to appoint Sergeant Julie Spry, Los Angeles School Police Department, to the Advisory Committee by the Peace Officers Research Association of California (PORAC) Board of Directors as a replacement representative for Phillip P.J. Webb.

 

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


FUTURE COMMISSION DATES
M.Upcoming Commission Meetings will be held:
  • December 8-9, 2021 - POST HQ, West Sacramento
  • March 2-3, 2021 - TBD
  • May 25-26, 2021 - POST HQ, West Sacramento 

CLOSED SESSION
N.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) Electronic Frontier Foundation v. California Commission on Peace Officer Standards and Training, Yolo County Superior Court, Case No CV2021-0911.

 

 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) Matters before the Equal Employment Opportunity Commission and Department of Fair Employment and Housing:  EEOC # 550-2021-00916.

 

ADJOURNMENT