| | | | | | | | | POST COMMISSION MEETING Commission on POST, 860 Stillwater Road, Suite 100, West Sacramento, CA 95605
May 26, 2022
AGENDA 9:00 AM | | |
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 |
Kelly Gordon |
Rick Braziel - Vice Chair |
Geoff Long |
Barry Donelan
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John Marsh - Ex-Officio |
Robert Doyle
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Tina Nieto |
Joyce Dudley - Chair
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James O'Rourke |
Vacant (Sergeant or Below) |
Batine Ramirez |
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 a law enforcement agency. | | | | |
| | | | | | | | 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. | | | |
| | | | | | | | Deputy Chief Norm Leong and Deputy Chief Adam Green, Sacramento Police Department, will provide Opening Remarks. | | | | |
| | | | | | | | 2021 POST Excellence in Training and O.J. "Bud" Hawkins Awards will be 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 Thursday, May 26, 2022, 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 Thursday, May 26, 2022, 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 Law Enforcement Training and Administrative Contracts. | | | | |
| | | | | | | | D. | Report on Proposed Changes to the Minimum Training Requirements for District Attorney Investigators - Commission Regulation 1005(a) | | | | | | The Office of Administrative Law (OAL) requested additional information be included in the initial rulemaking file which required the public be noticed and provided a 15-day public comment period.
This item, regarding the proposed changes to the minimum training requirements for District Attorney Investigators, is being presented to allow the Commission to consider those comments and determine if staff should continue to move forward with the rulemaking file.
If the Commission concurs, the appropriate action would be a MOTION to approve the changes as described in the staff report. | | | | |
| | | | | | | | MANAGEMENT COUNSELING AND PROJECTS BUREAU | | | | |
| | | | | | | | E. | Report on Proposed Changes to Commission Regulation 1081 – Minimum Standards for Legislatively Mandated Courses | | | | | | Management Counseling and Projects Bureau has completed a review and update to the 2007 version of the Vehicle Pursuit Guidelines. Should the Commission approve this update and revision, staff proposes the Commission also approve changes to Commission Regulation 1081 where these guidelines and a Telecourse DVD created in 2007 are incorporated by reference. If approved, staff will begin the process of approval for these changes with the Office of Administrative Law.
If the Commission concurs, the appropriate action would be a MOTION to approve the proposed changes as described in the staff report. | | | | |
| | | | | | | | STRATEGIC COMMUNICATIONS AND RESEARCH BUREAU | | | | |
| | | | | | | | F. | Report on Proposed Changes to Commission Regulation 1953 - Peace Officer Background Investigation and Commission Regulation 1955 - Peace Officer Psychological Evaluation | | | | | | This is a report on the proposed regulation changes to Commission Regulations 1953 and 1955 commensurate with Assembly Bill 846 (AB 846). AB 846 expanded Government Code Section 1031(f) to require that the psychological evaluation include screening for bias against race or ethnicity, gender, nationality, religion, disability, or sexual orientation, that might adversely affect the exercise of the powers of a peace officer. It also required POST to study, review, and update regulations and associated screening materials related to the emotional and mental condition evaluation required by Section 1031, to incorporate the identification of implicit and explicit bias.
In support of the legislative requirement, POST developed the Bias Assessment Framework, regulations, and guidance. The proposed regulations were presented to and approved by the Commission at their September 2021 meeting. Subsequently, the proposed regulations were submitted to and then withdrawn from the Office of Administrative Law’s (OAL) regulatory review process to address comments received during the public comment period. The proposed regulations were revised to incorporate recommendations made by the Racial and Identity Profiling Advisory (RIPA) board. The previously approved regulations and new proposed language are being presented to the Commission for review and approval.
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 the previously approved Bias Assessment Framework, Multicultural Competence for screening psychologists, and the new proposed addition of social media checks for peace officer candidates.
If the Commission concurs, the appropriate action would be a MOTION to approve the proposed changes as described in the staff report.
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| | | | | | | | TRAINING DELIVERY AND COMPLIANCE BUREAU | | | | |
| | | | | | | | G. | Report on Amendment to Commission Regulation 1005 - Minimum Standards for Training - Correction to Firearms PSP Topics | | | | | | At the October 22, 2020 meeting, the Commission approved the proposed amendments to Commission Regulation 1005 – Minimum Standards for Training and Training Procedure D-2. Upon approval from the Office of Administrative Law in March 2021, the proposed changes amended the regulation to update the minimum topic content and instructional methodology requirements for the Perishable Skills Program (PSP) topics of Arrest and Control, Driver Training/Awareness, Tactical Firearms, and Communications. POST staff identified a need to update the wording used in one of the objectives of Tactical Firearms and propose to amend the regulation to correct this. The POST Law Enforcement Officers Killed and Assaulted (LEOKA) report was also incorporated by reference at the time of the last revision. POST staff proposes to remove this as a document incorporated by reference.
If the Commission concurs, the appropriate action would be a MOTION to approve the amendments to the regulation specified in this report. | | | | |
| | | | | | | | H. | Advisory Committee | | | | | |
The Advisory Chair will report on the results of the Advisory Committee meeting held on Tuesday, May 24, 2022, 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 May 24, 2022, in West Sacramento, CA. | | | | |
| | | | | | | | I. | There is no Old Business. | | | | | | | | | | |
| | | | | | | | J. | There is no New Business. | | | | | | | | | | |
| | | | | | | | K. | Upcoming Commission Meetings will be held: | | | | | |
- September 22, 2022, San Diego
- November 30-December 1, 2022 - POST HQ, West Sacramento
- March 1-2, 2023 - TBD
- June 7-8, 2023 - POST HQ, West Sacramento
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| | | | | | | | L. | 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.
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