| | | | | | | | | POST COMMISSION MEETING Commission on POST, 860 Stillwater Road, Suite 100, West Sacramento, CA 95605
December 8, 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.
The Commission meeting will be conducted in-person at POST Headquarters, located at 860 Stillwater Road, Suite 100, West Sacramento, CA 95605, in Training Rooms A & B (upstairs). Members of the public who wish to comment during the public comment portion of the meeting may do so in person by attending the meeting. 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.
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 request special accommodations.
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.
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| | | | | | | | CALL TO ORDER AND WELCOME | | | | |
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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)
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Joyce Dudley - Chair |
Vacant (Police Chief/Sheriff)
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Vacant (Elected City Official) |
Vacant (Police Chief/Sheriff)
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Vacant (Public/Speaker of the Assembly) |
Vacant (Public Member) |
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| | | | | | | | COLOR GUARD AND FLAG SALUTE | | | | |
| | | | | | | | The Color Guard will be provided by the California Highway Patrol. | | | | |
| | | | | | | | 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 LEGAL COUNSEL AND THE EXECUTIVE DIRECTOR | | | | |
| | | | | | | | Commission Chair will introduce the POST Advisory Committee Chair, POST Legal Counsel, and the Executive Director. | | | |
| | | | | | | | 2019 and 2020 POST Excellence in Training and O.J. "Bud" Hawkins Awards will presented to the recipients. | | | | | | | | | |
| | | | | | | | 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. | | | | |
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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. | | | | |
| | | | | | | | C. | Financial Report | | | | | | The Chair of the Finance Committee will report on the results of the Finance Committee held on Wednesday, December 8, 2021, in West Sacramento, CA.
If the Commission concurs, the appropriate action would be a MOTION to approve the Finance Committee Report from their meeting on Wednesday, December 8, 2021, in West Sacramento, CA.
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/increase Law Enforcement Training and Administrative Contracts. | | | | |
| | | | | | | | LEARNING TECHNOLOGY RESOURCES BUREAU | | | | |
| | | | | | | | F. | Report on Driver Training Simulator Instructors | | | | | | Staff recommends the revisions to Regulations 1070 and 1082 be amended pursuant to the rulemaking process and the Office of Administrative Law. If no one requests a public hearing, the amendments will become effective April 1, 2022.
If the Commission concurs, the appropriate action would be a MOTION to approve the changes as described in the staff report.
| | | | | G. | Report on Force Option Simulator Instructors | | | | | | In February 2021, the Commission voted to discontinue the use of the Force Option Simulator to fulfill Tactical Firearms Perishable Skills. Accordingly, POST staff recommends the Commission also remove Force Option Simulator as a mandated Regulation 1070 course.
If the Commission concurs, the appropriate action would be a MOTION to approve the changes as described in the staff report.
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| | | | | | | | STRATEGIC COMMUNICATIONS AND RESEARCH BUREAU | | | | |
| | | | | | | | H. | Report on Mandatory Training for Background Investigators | | | | | | California Government Code § 1031(d) requires that peace officer candidates undergo a thorough background investigation to ensure that they are “of good moral character.” Commission Regulation 1953 further requires that candidates are absent of “past behavior indicative of unsuitability to perform the duties of a peace officer.”
Although statutory law and regulatory requirements outline specific criteria and POST provides guidance through the Background Investigation Manual, including supplementary information, there is no mandatory training requirement for individuals conducting background investigations of either peace officer or public safety dispatcher candidates.
Oftentimes personnel assigned to backgrounds have no prior knowledge or experience in conducting background investigations. Mandating background training would help to ensure that investigators have the knowledge and understanding they need to conduct thorough, efficient, and effective background investigations. Further, from a risk management perspective, it would improve the reliability of the background investigations and help to ensure that state and POST requirements are being met.
Staff is proposing to mandate training for individuals who conduct background investigations, for both peace officer and public safety dispatcher candidates, and require that the courses provided curriculum and/or content that is mandated by regulation to ensure consistency across training presenters.
If the Commission concurs, the appropriate action would be a MOTION to approve the changes as described in the staff report.
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| | | | | | | | I. | Advisory Committee | | | | | | The Advisory Chair will report on the results of the Advisory Committee meeting held on Wednesday, December 8, 2021, in West Sacramento, CA.
If the Commission concurs, the appropriate action would be a MOTION to accept the report from the Advisory Committee meeting held on December 8, 2021, in West Sacramento, CA. | | | | |
| | | | | | | | K. | There is no Old Business. | | | | | | | | | | |
| | | | | | | | L. | The following items are submitted for New Business discussion: | | | | | | 1. Consideration for next Commission Meetings.
- April 27-28, 2022 - POST HQ, West Sacramento
- August 31-September 1, 2022 - TBD
- November 30-December 1, 2022 - POST HQ, West Sacramento
- June 7-8, 2023 - POST HQ, West Sacramento
2. Sheriff Rick DiBasilio's term on the Advisory Committee is expiring. Request for consideration for re-appointment to the Commission on POST Advisory Committee.
- Letter from Sheriff Dean Growdon, CCSA President, requesting Sheriff Rick DiBasilio be re-appointed to the Advisory Committee as CSSA's representative. Current term expires February 2022.
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| | | | | | | | M. | Upcoming Commission Meetings will be held: | | | | | |
- March 2-3, 2022 - San Diego, CA
- May 25-26, 2022 - POST, West Sacramento
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| | | | | | | | 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) 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.
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