STATE OF CALIFORNIA COMMISSION ON PEACE OFFICER …€¦ · POST Commission Meeting, June 22, 2017...
Transcript of STATE OF CALIFORNIA COMMISSION ON PEACE OFFICER …€¦ · POST Commission Meeting, June 22, 2017...
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STATE OF CALIFORNIA
COMMISSION ON
PEACE OFFICER STANDARDS AND TRAINING
POST COMMISSION MEETING
OPEN SESSION
TIME: 9:30 a.m. DATE: Thursday, June 22, 2017 PLACE: Commission on Peace Officer Standards and Training 860 Stillwater Road, Suite 100 West Sacramento, California
REPORTER’S TRANSCRIPT OF PROCEEDINGS
Reported by: Daniel P. Feldhaus California Certified Shorthand Reporter #6949 Registered Diplomate Reporter, Certified Realtime Reporter
Daniel P. Feldhaus, C.S.R., Inc. Certified Shorthand Reporters
8414 Yermo Way, Sacramento, California 95828 Telephone 916.682.9482 Fax 916.688.0723
Daniel P. Feldhaus, CSR, Inc. 916.682.9482
POST Commission Meeting, June 22, 2017
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A P P E A R A N C E S
COMMISSION ON POST COMMISSIONERS PRESENT
JOYCE DUDLEY
(Chair of the Commission) Santa Barbara District Attorney
Santa Barbara County
RICK BRAZIEL (Vice Chair of the Commission)
Educator Humboldt State University
LAI LAI BUI Sergeant
Sacramento Police Department
ROBERT DOYLE Sheriff
Marin County Sheriff’s Department
LAREN LEICHLITER Sheriff
San Bernardino County Sheriff’s Department
STEPHEN LINDLEY for XAVIER BECERRA, Attorney General
Department of Justice
GEOFF LONG Public Member
(Chair, Finance Committee)
JETHROE MOORE II Public Member
JAMES O’ROURKE
Sergeant California Highway Patrol
WALTER VASQUEZ
Chief La Mesa Police Department
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A P P E A R A N C E S
POST COMMISSION LEGAL COUNSEL
WILLIAM “TOBY” DARDEN Department of Justice
Office of the Attorney General
POST COMMISSION ADVISORY COMMITTEE CHAIR
MARCELO BLANCO California Coalition of Law Enforcement Associations
COMMISSION ON POST STAFF PRESENT
(participating staff)
MANUEL ALVAREZ, JR. Executive Director Executive Office
DAVID CORNEJO
Assistant Executive Director (Administrative Services Division)
Executive Office
SCOTT LOGGINS Assistant Executive Director
Standards and Evaluation Division
MARIA SANDOVAL Assistant Executive Director
Field Services Division
CATHERINE BACON-DAVIS Senior Information Systems Analyst Learning Technology Resources Bureau
RALPH BROWN Bureau Chief
Training Delivery and Compliance Bureau
DAVID CHENG Analyst
Training Program Services
HEIDI HERNANDEZ Executive Assistant Executive Office
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A P P E A R A N C E S
COMMISSION ON POST STAFF PRESENT
(participating staff)
JIM KATAPODIS
Law Enforcement Consultant Basic Training Services
ANDREW MENDONSA
Senior Consultant Management Counseling Services Bureau
and POST IMPACT Team Member
JANNA MUNK Senior Consultant
Training Program Services
JAN MYYRA Acting Bureau Chief
Learning Technology Resources
CONNIE PAOLI Administrative Assistant II
Executive Office
Also Present
CASEY BOKAVICH Redding Police Department
Recipient, POST Excellence in Training (Individual Achievement)
EDWARD N. BONNER Sheriff (Retired)
Placer County Sheriff’s Department
JOE FARROW Commissioner
California Highway Patrol Recipient – POST Excellence in Training
(Organizational Achievement)
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A P P E A R A N C E S
Also Present (continued)
DANIEL HAHN
Chief Roseville Police Department
(Welcoming Remarks)
DANIELLE K. LITTLE Estelle & Kennedy
(Counsel for Appellant Terence McCullough)
TERENCE McCULLOUGH Appellant
GORDON SIEVERT
Recipient – POST Excellence in Training (Lifetime Achievement)
VIRGINIA TOMEK
Recipient O.J. “Bud” Hawkins Exceptional Service Award
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I N D E X Proceedings Page Call to Order . . . . . . . . . . . . . . . . 12
Color Guard and Flag Salute . . . . . . . . . . 12 California Highway Patrol
Moment of Silence Honoring the Officers Who Lost Their Lives in the Line of Duty Since the Last Meeting . . . . . . . . . . . . . 12 Officer Keith Boyer Whittier Police Department
Officer Lucas Chellew California Highway Patrol
Deputy Michael Foley Alameda County Sheriff’s Department Deputy Jason Garner Stanislaus County Sheriff’s Department
Community Service Officer Raschel Johnson Stanislaus County Sheriff’s Department
Roll Call of Commission Members . . . . . . . . 13
Introduction of POST Advisory Committee Chair, POST Legal Counsel, and the Executive Director and New Commissioner . . 14, 15
Welcoming Address
Daniel Hahn, Chief Roseville Police Department . . . . . . . 16
Awards Presentations
2016 POST Excellence in Training Awards: Individual Achievement: Sergeant Casey Bokavich Redding Police Department . . . . . . . . 27
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I N D E X Proceedings Page Awards Presentations 2016 POST Excellence in Training Awards: continued Organizational Achievement: California Highway Patrol Stress Resiliency Academy Program . . . . 29 Lifetime Achievement: Gordon Sievert . . . . . . . . . . . . . . 34 O.J. “Bud” Hawkins Exceptional Service Award Virginia Tomek . . . . . . . . . . . . . 39 Commission Resolution: Ed Bonner, Sheriff, Placer County Sheriff’s Department . . . . . . . . . . 42 Public Comment . . . . . . . . . . . . . . . . 48
Executive Director Comments . . . . . . . . . . 48
Approval of Action Summaries and Minutes A. Approval of Action Summary and Minutes for the following meeting: February 23, 2017, Commission meeting . 56
Emerging Trends B. Emerging Trends 1. Reporting on Body-Worn Cameras in the Report Writing Process . . . . . . 56 2. Report on Agency Study on License-Plate Readers . . . . . . . . . . . . . . . 64
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I N D E X Proceedings Page Emerging Trends
B. Emerging Trends 3. Report on Plan for Continued IMPACT Team Reporting to the Commission . . . 72 Consent: C. Consent Items . . . . . . . . . . . . . . . 77
1. Report on Course Certification Statistics from 1/01/17 to 4/30/17 2. Report on POST Reimbursable Program New Agency – Yuba County District Attorney’s Office Investigators 3. Report on 2015-16 Data Added to POST’s OpenData, a Website Promoting Transparency
4. Report on Procedural Justice . . . . . 77
5. Report on the Status of the Hybrid Academy Instructor Certification Course (AICC)
6. Report on Legislative Updates
Finance Committee
D. Financial Report from Finance Committee Meeting held February 22, 2017 - Finance Committee Chair Long . . . . . . . 93 Basic Training Bureau
E. Report on Proposed Changes to the Training and Testing Specifications for Peace Officer Basic Courses . . . . 96, 130 Training Program Services Bureau
F. Report on Request to Conduct a Pilot of of the Revisions to the Course Certification Process . . . . . . . . . . . 100
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I N D E X Proceedings Page Commission Appeal Hearings G. Report on Appeal to Commission by Terence McCullough . . . . . . . . . . . . 131
Committee Reports H. Advisory Committee, Advisory Committee Chair Blanco . . . . . . 184 Correspondence I. Correspondence sent to and from POST . . . 185 To POST from:
Donny Youngblood, President, California State Sheriffs’ Association, request the appointment of Steve Moore, Sheriff, San Joaquin County, as the replacement for Edward Bonner, Sheriff (ret.), Placer County, as the association's representative on the POST Advisory Committee
From POST to:
Jeff Piper, Chief, Whittier Police Department, expressing sympathy over the tragic on-duty death of Officer Keith Boyer
Joseph Farrow, Commissioner, California Highway Patrol, expressing sympathy over the tragic on-duty death of Officer Lucas Chellew
Greg Ahern, Sheriff, Alameda County Sheriff's Department, expressing sympathy over the tragic on-duty death of Deputy Michael Foley
Adam Christianson, Sheriff, Stanislaus County Sheriff’s Department, expressing sympathy over the tragic on-duty death of Deputy Jason Garner
Adam Christianson, Sheriff, Stanislaus County Sheriff’s Department, expressing sympathy over the tragic on-duty death of Community Service Officer Raschel Johnson
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I N D E X Proceedings Page Old Business J. Old Business –
Recurring Contracts . . . . . . . . . . . 186 Course Presentations . . . . . . . . . . . 186
New Business K. New Business -
Appointment of Replacement Representative To the Advisory Committee Request to appoint Steve Moore, Sheriff, San Joaquin County Sheriff’s Department As Replacement representative for CSSA for Edward Bonner (ret.), Placer County Sheriff’s Department . . . . . . . . . . . 187 Future Commission Dates L. Upcoming Commission Meeting Dates . . . . 188
Closed Session
M. Closed Executive Session . . . . . . . . . 188 1. Conference with Legal Counsel re Existing Litigation a. Knowledge and Intelligence Professional Programs v POST, Los Angeles Superior Court, Case #NC058217, #NC053503
b. Meniooh v State of California, N.D. Cal., Case #C-16-0715-CRB
c. Tamara Evans v POST, Sacramento County Superior Court, Case #34-2014-00164423; Eastern District of California, Case #2:15-cv-01951
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I N D E X Proceedings Page Closed Session
M. Closed Executive Session . . . . . . . . . 188 2. Conference with Legal Counsel re Existing/Potential Litigation a. Matters before the EEOC Charge #555-2015-001150 and Charge #555-2016-00829
b. Soeten v San Diego Community College District, San Diego Superior Court Case #37-2016-00013974 3. Deliberations on the Appeal of Terence McCullough 4. Executive Director Performance Evaluation Report from closed executive session . . . . . . . . 189 Adjournment . . . . . . . . . . . . . . . . . . . . 190 Reporter’s Certificate . . . . . . . . . . . . . . . 191
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POST Commission Meeting, June 22, 2017
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Thursday, June 22, 2017, 9:31 a.m. 1
West Sacramento, California 2
3
COMMISSION CHAIR DUDLEY: Good morning. 4
Please stand for the presentation of the colors by 5
the California Highway Patrol. 6
(The California Highway Patrol Color 7
Guard entered the meeting room and presented 8
our national flag and state flag.) 9
COMMISSION CHAIR DUDLEY: Please join me in the 10
Pledge. 11
(The Pledge of Allegiance was recited.) 12
COMMISSION CHAIR DUDLEY: Please remain standing for 13
a moment of silence in honoring the officers who lost 14
their lives in the line of duty since the last meeting: 15
Officer Keith Boyer of the Whittier Police 16
Department. 17
Officer Lucas Chellew of the California 18
Highway Patrol. 19
Deputy Michael Foley, Alameda County 20
Sheriff’s Department. 21
Deputy Jason Garner, Stanislaus County 22
Sheriff’s Department. 23
Community Service Officer Raschel Johnson, 24
Stanislaus County Sheriff’s Department. 25
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And that one moment of silence, please. 1
(Moment of silence) 2
COMMISSION CHAIR DUDLEY: Thank you. 3
(The California Highway Patrol Color Guard 4
exited the meeting room.) 5
COMMISSION CHAIR DUDLEY: Please join me in thanking 6
the California Highway Patrol. 7
(Applause) 8
COMMISSION CHAIR DUDLEY: And please take your 9
seats. 10
Ms. Paoli, who I want to thank for always making 11
things run so smoothly, would you please take the roll? 12
MS. PAOLI: Braziel? 13
COMMISSION VICE CHAIR BRAZIEL: Here. 14
MS. PAOLI: Bui? 15
COMMISSIONER BUI: Here. 16
MS. PAOLI: Chaplin? 17
(No response) 18
MS. PAOLI: DeLaRosa? 19
(No response) 20
MS. PAOLI: Doyle? 21
COMMISSIONER DOYLE: Here. 22
MS. PAOLI: Dudley? 23
COMMISSION CHAIR DUDLEY: Here. 24
MS. PAOLI: Hutchens? 25
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(No response) 1
MS. PAOLI: Leichliter? 2
COMMISSIONER LEICHLITER: Here. 3
MS. PAOLI: Lindley? 4
COMMISSIONER LINDLEY: Here. 5
MS. PAOLI: Long? 6
COMMISSIONER LONG: Here. 7
MS. PAOLI: Moore? 8
COMMISSIONER MOORE: Here. 9
MS. PAOLI: O’Rourke? 10
COMMISSIONER O’ROURKE: Here. 11
MS. PAOLI: Ramirez? 12
(No response) 13
MS. PAOLI: Smith? 14
(No response) 15
MS. PAOLI: Vasquez? 16
COMMISSIONER VASQUEZ: Here, ma’am. 17
COMMISSION CHAIR DUDLEY: Thank you. 18
I would like to introduce our newest commissioner, 19
James O’Rourke. 20
Commissioner O’Rourke is a sergeant with the 21
California Highway Patrol. 22
He asked me to leave 20 minutes for him to make a 23
thorough introduction. 24
(Laughter) 25
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COMMISSION CHAIR DUDLEY: But I’m really sorry, I’m 1
just going to give you a couple of seconds. So tell us a 2
little bit about yourself. 3
COMMISSIONER O’ROURKE: Thank you, ma’am. 4
Yes, my name is James O’Rourke. I’ve been with the 5
CHP for about twenty years. I started in Oakland, and 6
came to the Capitol Protection section where I’ve worked 7
a number of assignments: from investigations, bike 8
patrols to SWAT team. And then currently, I’m our 9
supervisor/director for our association. 10
COMMISSION CHAIR DUDLEY: Great. 11
COMMISSIONER O’ROURKE: So I’m anxious to get 12
started. Thank you. 13
COMMISSION CHAIR DUDLEY: Well, welcome to the 14
Commission. It’s an awesome group of people with a great 15
purpose. And we’re glad you’re here. 16
Okay, and way down to my left is our POST Advisory 17
Committee Chair, Marcelo Blanco; to my immediate left is 18
Toby Darden, he’s our legal counsel; and to my right is 19
the Executive Director, Manny Alvarez. 20
Please join me in welcoming Chief Hahn, Roseville 21
Police Department, who will provide welcoming remarks. 22
Before you begin, Chief Hahn, I wanted to ask you 23
to please accept the Commission’s condolences on the 24
recent loss of Officer Bobby Siech. 25
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CHIEF HAHN: Thank you. I appreciate that. 1
Thank you, Chair and Commission, for allowing me a 2
few minutes to speak to you. 3
Basically, this is asking for your consideration -- 4
future consideration maybe some discussions on the whole 5
recruitment, hiring, training process. And it kind of 6
came out of a discussion, myself and Mr. Alvarez had a 7
month or two ago, where he said it might be good for me 8
to come and speak to you about it. So I’ll just get 9
started. 10
I don’t think, over the last several years -- 11
probably my whole career, but since I’ve been really 12
paying attention over the last several years -- that I 13
have not heard a chief or a sheriff talk about or lament 14
about the problems of getting people hired -- the 15
background process, the training process, who we get, the 16
Millennials -- all those conversations that everybody at 17
this table has probably had with other people. 18
And so if you look at some of the research on the 19
generations, the newest generations don’t value some of 20
the same things, in the same ways that past generations 21
do. So shift work isn’t as attractive; they value more 22
family time. 23
And so the law-enforcement schedule and some of the 24
things that come along with law enforcement is not 25
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as attractive to the newer generations as it was to the 1
older generations, based on the research. 2
But the one thing that the newer generations do have 3
in abundance, is wanting to find -- to get value out of 4
their job. And I think we have that in abundance in law 5
enforcement, but we have to market it more. 6
And so one of the things that we have tried to 7
overcome in the Roseville Police Department is how do we 8
get people hired that would be good police officers, that 9
might not be the traditional background-looking, the way 10
we want our traditional backgrounds to look. 11
I’ll just give you an example. We hired a young 12
man. Fox 40 did a large news segment on him, and there 13
was a little bit of discussion afterwards that wasn’t 14
as pleasant. But he had gotten arrested when he was 15
18 years old. A couple months after he turned 18, he got 16
arrested and convicted of multiple misdemeanors. 17
And by the time I came to meet him, he was 31 -- 18
somewhere around 31 years old. Never been in trouble 19
again. 20
The deputy that arrested him, he always, from the 21
beginning, said changed his life with the discussion that 22
he had from him. 23
And so when I first met him, I told him the mountain 24
for him to climb to become a cop is going to be pretty 25
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impossible. But the only way you would be able to do it 1
is if we got to know you, and we got to know your heart 2
and knew that you were good for this profession; and that 3
that wasn’t you that happened at 18 years old, which was 4
multiple -- 13, 14, 15 years earlier. 5
And so he did, for about a year and a half, 6
volunteered with us, worked out with us, did community 7
service with the police department. And in a year and a 8
half, he was an awesome individual that we learned; and 9
we hired him. 10
He is one of the best police officers we have in 11
the police department now. But he would have not gotten 12
hired -- as a matter of fact, he applied for other 13
places. He would have never been hired because of what 14
happened when he was 18 years old. 15
Now, POST regulations allow for that. Obviously, we 16
hired him. 17
So my discussion is not really on that; it’s just, 18
you know, I think sometimes we need to open our minds; 19
and the only way we can do that is by getting to know 20
people. Because if I looked at him on paper, I wouldn’t 21
have hired him, either. 22
That brings me to the last part of the training. 23
So, as you know, in the Academy, you take the various 24
tests; and if you don’t pass it, you have one chance at 25
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remediation. And if you don’t pass the remediation, 1
you’re removed from the academy. 2
And I think in this day and age, where we have 3
a hard enough time convincing people for multiple reasons 4
that law enforcement is the career for them, the more we 5
lose people that would be really good for our profession, 6
the more difficult it is to fill our ranks. 7
And so I had an officer -- just as an example -- 8
that was going through Academy, and he did not pass his 9
EVOC test. And so he went to remediation, and they timed 10
this remediation, and he missed it by one second; and so 11
they removed him from the academy. 12
So as soon as I learned that, I thought, well, of 13
course, he must have other problems, right, because they 14
kicked him out for one second. 15
So I went to the academy and talked to all the 16
staff; and they, word for word, said, “He is one of our 17
best recruits. We really hated to see him leave. We 18
hope you -- we are glad to hear that you are going to put 19
him back in the academy and he’ll be a great cop.” 20
And I’m thinking, this is somebody that would be a 21
great cop, yet we just kicked him out of the academy. 22
Now, some people, like him, would be willing to go 23
to another academy; but some people might go and find a 24
different career. 25
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So just as an example, we sent him to another 1
academy right after that, a larger academy; and he 2
graduated the number-one recruit in the entire academy, 3
yet he was kicked out of the previous academy. No fault 4
of the staff of the academy, because that’s the rule: 5
If you don’t pass the remediation, you get kicked out. 6
So my ask is that we look at that on the things that 7
are learned, things like range and EVOC and not character 8
things, but things that people can learn with maybe 9
another week or another two weeks; that we provide some 10
leeway that they are not automatically kicked out after 11
just one retest. 12
For example, myself, I had never shot a gun in my 13
life before I went to the academy. Yet you’re standing 14
with people that have been in the Marines or the Army and 15
they’re blowing all their rounds through a hole about 16
that big; where my rounds were all over the place. I 17
mean, I passed but not with flying colors. So what if 18
I hadn’t? 19
And so some people might take a little bit longer to 20
gain those skills. 21
Obviously, we’d have to have a cutoff point at some 22
point. But just to give a little bit more consideration 23
because I am worried that we will lose extremely good 24
officers that are getting harder and harder to find for 25
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many, many, many reasons. 1
And so that kind of concludes my short remarks, so 2
you can get on to your awards ceremony. But I appreciate 3
Manny inviting me to speak to the commissioners, and just 4
say what I’ve been seeing and hearing. 5
So thank you. 6
COMMISSION CHAIR DUDLEY: Chief Hahn, I have a 7
question. 8
CHIEF HAHN: Sure. 9
COMMISSION CHAIR DUDLEY: You said he was one of the 10
best police officers. The first one you spoke of, the 11
one that had the misdemeanor convictions, what makes him 12
one of the best officers? 13
CHIEF HAHN: Well, I think the number-one thing is 14
what we talked about in our hiring interview is that when 15
he sees a young man like he was, doing some of the things 16
he was, he doesn’t just throw them away in his mind. He 17
looks at them as him. Because he says that from the very 18
beginning, that police officer saved his life and changed 19
his life, that talked to him, the way he dealt with him 20
that night, even though he arrested him. 21
So I think the number-one thing that makes him 22
a good officer is, his character and the fact that he is 23
willing to do the same for other people that that officer 24
did for him. And I think we lose if we automatically 25
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throw those people out of the recruiting pool. I mean, I 1
was arrested when I was 16. 2
So I think we lose; because too many times we look 3
at people solely on paper; and so when they have those 4
sort of things, they’re done. 5
COMMISSION CHAIR DUDLEY: Thank you. And thank you 6
for coming to speak this morning. 7
CHIEF HAHN: Thank you. 8
COMMISSIONER LEICHLITER: Chief, I have one 9
question. 10
CHIEF HAHN: Sure. 11
COMMISSIONER LEICHLITER: Have you talked to other, 12
I’ll say the word, upper management, that have to deal 13
with the same thing of possibly losing good recruits over 14
one bad test or one bad shoot or one bad drive; and what 15
has their overall take been of what you’ve been talking 16
about? 17
CHIEF HAHN: I haven’t talked to any other chiefs or 18
sheriffs. I’ve heard there’s one or two other chiefs 19
that have the same issues. 20
I have talked to a lot of management that get 21
frustrated that good people get kicked out. And I think 22
there is a distinction between character issues that 23
people get kicked out versus learned skills. 24
COMMISSIONER LEICHLITER: Right. 25
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POST Commission Meeting, June 22, 2017
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CHIEF HAHN: And so I know there is probably a lot 1
of resistance to that, like as if it is lowering 2
standards. But, in my opinion, it’s not lowering 3
standards because whatever benchmark you set, they still 4
have to pass it. It’s just, don’t make it the very next 5
remediation; that in the EVOC case, it was that same 6
day. There was like no training in between. It was the 7
very -- “Let’s take it again right now.” 8
COMMISSIONER LEICHLITER: Well, that’s what I was 9
getting at. That test you have to retake, should you 10
have to take one, may be the next day when you’re taking 11
another test already. 12
CHIEF HAHN: Right, right. 13
Which is what -- he wasn’t taking another test, but 14
he took the original test, and then he immediately took 15
the remedial test. 16
COMMISSION CHAIR DUDLEY: Thank you, Chief Hahn. 17
Commissioner Braziel? 18
COMMISSION VICE CHAIR BRAZIEL: Yes, I just want to 19
thank Daniel for coming here -- Chief Hahn for coming 20
here, because he has nailed the problem that we have been 21
struggling with for a long time. 22
We’ve had the conversations here is, how do we train 23
for success versus test for failure? We rely on tests 24
to fail people out versus training them to be successful. 25
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And he absolutely just nailed that. That’s part of our 1
responsibility, is how do we figure out how to make that 2
happen. 3
And I’m sure we’ll have conversations later about 4
that; but how do we continue to move POST forward with 5
that customer service model versus a regulatory model. 6
So thank you for that. 7
COMMISSION CHAIR DUDLEY: Thank you for your 8
comments. 9
Yes, Commissioner Moore? 10
COMMISSIONER MOORE: I just want to -- along with 11
Rick -- ditto -- I’d like to thank Daniel for coming. 12
And we must understand that change is coming. There’s a 13
new generation coming up. And we need to be considerate 14
and understand that generation and not hold them to the 15
standards of the past generation. 16
COMMISSION CHAIR DUDLEY: Well, clearly, all the 17
commissioners want to thank you for coming. 18
CHIEF HAHN: Thank you. I appreciate it. 19
(Applause) 20
COMMISSION CHAIR DUDLEY: Okay, in a moment, we are 21
going to begin with the presentation of the 2016 POST 22
Excellence in Training Awards and the O.J. “Bud” Hawkins 23
Award. 24
But going off-script for a moment, I came upon 25
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a book; and it was written by August Vollmer, 1
V-O-L-L-M-E-R in 1936. And the quote was the following: 2
“The citizen expects police officers to have 3
the wisdom of Solomon, the courage of David, 4
the strength of Samson, the patience of Job, 5
the leadership of Moses, the kindness of the 6
Good Samaritan, the strategic training of 7
Alexander, the faith of Daniel, the diplomacy 8
of Lincoln, the tolerance of the Carpenter of 9
Nazareth; and finally, an intimate knowledge of 10
every branch of the natural, biological, and 11
social sciences.” 12
And I was amazed that was written in 1936; but I think it 13
does speak to several of our award members. They seem to 14
have all that and more. 15
So with that said, let’s get ready for the awards. 16
I want to thank everybody for coming, congratulate 17
the winners. 18
And at this time, I’d like to ask POST Executive 19
Director Alvarez to join me -- oh, sorry. Wrong script. 20
There we go. 21
Okay, so we’re going to head up there. 22
So good morning. I am the Santa Barbara County 23
District Attorney, Joyce Dudley; and I also have the 24
pleasure of chairing POST with these awesome 25
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commissioners that I spoke about a few minutes ago. 1
Each year, the Commission recognizes individuals 2
in an organization that have greatly contributed to the 3
success and effectiveness of the law-enforcement 4
community. 5
On behalf of the entire Commission, it is my 6
pleasure to honor this year’s recipients who have 7
distinguished themselves by demonstrating a commitment 8
to exceptional service or excellence in training. 9
Assisting me today in the ceremony is Marcelo 10
Blanco -- there you are -- Chair of the Advisory 11
Committee; and Manny Alvarez, Executive Director of POST. 12
At this time, I would like to ask the award 13
recipients to come forward to be recognized. 14
While they’re coming forward, I’ll continue. 15
The POST Excellence in Training Awards were 16
established in 1994, to encourage innovation, quality, 17
and effectiveness of peace-officer training, and to 18
recognize the best of the best. 19
The categories of the POST Excellence in Training 20
Awards are individual achievement, organizational 21
achievement, and lifetime achievement. We will also be 22
presenting the POST O.J. “Bud” Hawkins Exceptional 23
Service Award. 24
The Commission is proud to offer these annual awards 25
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that affirm California’s national reputation of being at 1
the forefront of law-enforcement training. 2
This year, there were ten nominees for the award 3
categories. The 14-member Advisory Committee reviewed 4
all submissions; and after a rigorous screening process, 5
provided their recommendations to the Commission for 6
approval. 7
In addition to the trophies that will be given to 8
the recipients today, their names will be inscribed on 9
a perpetual plaque located here at POST headquarters. 10
And so we’re going to begin with the Individual 11
Achievement Award. The recipient of the POST Excellence 12
in Training Individual Achievement Award for 2016 is 13
Sergeant Casey Bokavich, Redding Police Department. 14
(Applause) 15
MR. LOGGINS: Thank you, Commissioner Dudley. 16
Sergeant Casey Bokavich is a 27-year veteran 17
law-enforcement officer, having served with agencies in 18
the Bay Area before moving to the Redding PD. He is the 19
department training manager and serves as the supervisor 20
of the Force-Options Team, overseeing the POST training 21
simulator site. 22
In addition to service as a law-enforcement officer, 23
Officer Bokavich is a veteran instructor and supervisor 24
of the Defensive Tactics Program at the Butte College 25
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Police Academy. He is also certified as a range master 1
as well as a police motorcycle instructor, and serves as 2
the POST Law Enforcement Officers Killed and Assaulted, 3
LEOKA, Committee, as well as on the motor officer 4
training and operations safety advisory group. 5
Sergeant Bokavich was nominated for his work 6
delivering force-options training to his local community. 7
As a direct result of his effort, the Redding PD has been 8
able to facilitate ongoing dialogue between the community 9
and law enforcement with respect to police use of force 10
and decision-making. 11
This is a tremendously critical challenge as well as 12
an opportunity for law enforcement as we move through the 13
21st century. Casey’s work and leadership has fostered a 14
climate of collaboration between law enforcement and the 15
public. Many members of his community have a newfound 16
respect and understanding for the law-enforcement 17
profession, as well as an appreciation for the challenges 18
peace officers face on a day-to-day basis. 19
This outreach by Sergeant Bokavich has been 20
instrumental in increasing the positive level of 21
collaboration, as well as dialogue between law 22
enforcement and community leaders. 23
His impact on community relations and law 24
enforcement has been recognized by agencies not only in 25
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the region, not only in California, but throughout the 1
United States. 2
It is for these reasons that Sergeant Casey Bokavich 3
is the winner of the 2016 POST Excellence in Training 4
Award for Individual Achievement. 5
(Applause) 6
(Photograph taken of Commission Chair Dudley, 7
Executive Director Alvarez, Advisory Committee 8
Chair Marcelo Blanco, and Casey Bokavich) 9
MR. BOKAVICH: Thank you very much, everybody. I 10
know there’s a lot of people who I’ve got to thank, 11
starting with my wife and family -- 12
COMMISSION CHAIR DUDLEY: Use the mike. 13
MR. BOKAVICH: I’m a sergeant. I’ve got a voice. 14
But, anyway, I just wanted to thank, because I’ve seen 15
so many of these where we don’t start with our family, 16
so thank you for being there for me. I appreciate that. 17
Thank you for all of my teammates at POST and all of 18
my previous instructors, so I could be here today. 19
It’s an honor that -- I can’t say much more. 20
COMMISSION CHAIR DUDLEY: Thank you. 21
(Applause) 22
COMMISSION CHAIR DUDLEY: Okay. And the recipient 23
of the POST Excellence in Training Organizational 24
Achievement Award for 2016 is the California Highway 25
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Patrol, Stress Resiliency Academy Program. 1
And we’re just so thrilled to have Joe Farrow here 2
with us today on behalf of the California Highway Patrol. 3
Commissioner Joe Farrow. 4
(Applause) 5
MR. LOGGINS: Law enforcement has always been one 6
of the most challenging professions in our society. The 7
expectations of contemporary peace officers have never 8
been higher, public scrutiny has never been more intense, 9
and the complexity of each officer’s daily assignment has 10
significantly increased. 11
As a result, the administration of law-enforcement 12
academies has become significantly more difficult than 13
in years past. Not only has recruitment of quality 14
candidates been a challenge; but training those 15
remarkable individuals who have answered this noble 16
calling has been a difficult endeavor for all of law 17
enforcement. 18
Historically, law-enforcement academies have 19
operated with a paramilitary high-stress environment to 20
acclimate students to the adversity they will inevitably 21
face. 22
While the emphasis on customer service has always 23
been at the forefront, the well-being of the officers 24
themselves often took a back seat. Recognizing this 25
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critical investment in human capital that is the 1
foundation of every law-enforcement agency, the CHP took 2
the initiative to incorporate a new and creative process. 3
This new process not only emphasizes the importance of 4
public service, while also maintaining the rigors of 5
a paramilitary organization, but it reinforces the 6
importance of lifelong wellness as a primary component of 7
service delivery to the communities they will serve. 8
The CHP refers to this endeavor as “stress 9
resiliency,” and has incorporated it into the Basic 10
Academy to better prepare its cadets for the challenges 11
they will face, not only in the Basic Academy but 12
throughout the FTO program and the remainder of their 13
careers. At the heart of this process is the commitment 14
to the organization and academy staff to emphasize the 15
nobility of policing. 16
To accomplish this endeavor, the CHP begins the 17
academy with an orientation week where the students are 18
immersed in a stress resiliency curriculum that defines 19
the causes of stress, how stress manifests itself, and 20
solutions to mitigate those adverse effects they will 21
encounter during the course of their careers. 22
This orientation week culminates in a process where 23
the students participate in a ceremony where they are 24
asked to dedicate themselves to the commitment to the 25
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profession they have chosen. While the students are 1
being addressed, the academy commander, the entire staff 2
of the academy have all stepped quietly behind them. At 3
the conclusion of the ceremony, the students are directed 4
to turn around so they can see the entire staff; and it 5
is emphasized they are now part of a team with the full 6
support of their profession and that they will never walk 7
alone. 8
The CHP Academy has found this to be a very critical 9
crossroad in the career of the students. It has reduced 10
the failure rate of cadets, it’s helped them create an 11
emotional connection between the students and the academy 12
staff, and helped them build upon what will be their 13
future careers, and helps facilitate that teamwork 14
construct that is so critical to law-enforcement 15
operations. 16
It also goes without saying, Commissioner Farrow, 17
we have two friends at POST, Shawn and Sam in the back, 18
they were a critical component of this, and we’d like 19
to thank them for their efforts towards this endeavor. 20
For these reasons, the CHP is the recipient of this 21
year’s POST Excellence in Training Award for 22
Organizational Achievement. 23
(Applause) 24
(Photograph taken of Commission Chair Dudley, 25
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Executive Director Alvarez, Advisory Committee 1
Chair Marcelo Blanco, and Commissioner Joe Farrow) 2
COMMISSIONER FARROW: Well, good morning, and thank 3
you. 4
And I accept this beautiful, beautiful award on 5
behalf of my staff that’s here today -- my Deputy 6
Commissioner, Warren Stanley; my Assistant Commissioner 7
Bill Siegl. 8
If you’d raise your hands. 9
The brainchild behind all of this is Sam Dickson, 10
Assistant Chief. Sam is back there. He’s embarrassed. 11
He’s probably mad at me for pointing them out. But Sam 12
Dickson, current Academy Commander James Mann, and his 13
two lieutenants, Jason Daughrity and Shawn Morris, and 14
my administrative lieutenant, Mike Alvarez are here 15
today. 16
They always remind me that I’m merely ceremonial and 17
that these are the ones that really do all the real work. 18
And it is a great program. 19
But I also want to thank the Commission. I want to 20
thank the chair for your hard work. 21
Certainly, this is a time that law enforcement is 22
transforming itself. And the hard work that’s done here 23
with this commission, each and every time that you meet, 24
is noticed by the recipients, it’s noticed by the 25
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law-enforcement officers, and it’s noticed by our 1
communities. 2
So charge ahead, keep going forward. We appreciate 3
the hard work you do. And thank you very much for this 4
highest award. 5
Thank you. 6
(Applause) 7
COMMISSION CHAIR DUDLEY: Thank you. 8
The recipient of the POST Excellence in Training 9
Lifetime Achievement Award for 2015 is Gordon Sievert. 10
(Applause) 11
MR. LOGGINS: In our beautiful state of California, 12
there are approximately 90,000 peace officers, ranging 13
from the rank of officer, deputy, investigator, through 14
the ranks to sergeant, lieutenant -- at every command 15
level, chief of police, sheriff, or even the CHP 16
commissioner. Every one of them is a member of a very 17
prestigious group of individuals who made sacrifices for 18
a lifelong commitment to serve others. They have a 19
tremendous variety of assignments and responsibilities; 20
but they all have one unique and universal component: 21
The common denominator that stretches across the fabric 22
of the profession and that has impacted every one of 23
them. They were all recruits or candidates at one time 24
at the beginning of their careers; and they were all the 25
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beneficiaries of a core group of professionals who 1
dedicate their careers to training others. 2
They’re members of a select fraternity, with 3
selfless dedication, who have dedicated themselves to a 4
higher calling of teaching and mentoring. 5
Today’s recipient of this award is one of those very 6
remarkable individuals. 7
Gorton Sievert is a 37-year law enforcement veteran 8
from the San Mateo Police Department. What he is being 9
recognized for today however is not his service as a cop; 10
but, rather, his service to others, as they prepare to 11
enter one of society’s most challenging and dangerous 12
professions. 13
He became involved in training law-enforcement 14
officers earlier in his career and has taught a vast 15
array of topics, from report-writing to firearms, to 16
defense tactics, to racial profiling, and many other 17
disciplines in between. 18
He also serves as a subject-matter expert, or SME, 19
for POST, helping to research emerging training needs 20
and to develop contemporary law-enforcement training 21
curricula. 22
However, with respect to training, his most 23
remarkable contribution is his service to this next 24
generation of law-enforcement officers, those who have 25
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inherited this mantle of public safety for all of us. 1
Conservatively, it’s estimated he has trained over 2
600 new law-enforcement officers as a long-time training 3
coordinator for the South Bay Regional Public Safety 4
Training Center. 5
In addition, it’s estimated he has mentored an 6
additional 400 law-enforcement officers throughout the 7
entire region. 8
Statistically, on any given day, there are dozens, 9
if not more, of his protégés protecting our streets as 10
we speak today. A very remarkable accomplishment and a 11
legacy to honor. 12
For these reasons, Mr. Gordon Sievert is the 13
recipient of the POST Training in Excellence Award for 14
Lifetime Achievement. 15
(Applause) 16
(Photograph taken of Commission Chair Dudley, 17
Executive Director Alvarez, Advisory Committee 18
Chair Marcelo Blanco, and Gordon Sievert) 19
MR. SIEVERT: I just happened to have prepared a 20
couple of words. 21
Good morning, Members of the Commission, friends, 22
family, and peers. 23
It’s a great honor to be recognized for one’s work. 24
I am both proud and humbled to be here today. I’m 25
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sincerely appreciative of this recognition by the 1
Commission; and I thank you for recognizing me as a 2
recipient of the POST Excellence in Training Lifetime 3
Achievement Award. 4
I told my wife that I had achieved a Lifetime 5
Achievement Award; there was nothing else for me to do; 6
it was time for me to retire. She said “No. You have 7
two boys in college; and they need to have their tuition 8
paid for, for at least the next two years.” 9
I have been blessed with the privilege of doing 10
something that I love to do; and I’ve gotten paid to do 11
it. It doesn’t get any better than that. 12
It’s hard to believe I’ve been in the training game 13
so long. When I first started, my wife was pregnant 14
with our twin boys. I started teaching at the academy 15
in -- a long time ago. 16
Now, one of my twins are sporting beards that he 17
shaved off today in honor of this occasion. 18
One of them has a tattoo that he admits to; the 19
other one, I haven’t checked, but it’s there some place, 20
I’m sure. And they’re attending college. 21
And now let me get serious for a moment. 22
I’d be remiss if I didn’t acknowledge those who have 23
helped and guided me along the way. 24
First, my thanks to POST and the Commission, 25
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not only for the award, but for the job you do keeping 1
California law enforcement at the forefront of 2
law-enforcement training. Without you, we would not have 3
that guiding light. 4
In addition to the Commission, I’d like to thank 5
South Bay Regional for giving me the opportunity to train 6
at the consortium. 7
To the San Mateo County Law Enforcement Training 8
Managers Association and the San Mateo County Chiefs and 9
Sheriffs Association, thank you for nominating me for 10
this prestigious award. 11
To the San Mateo Police Department, my appreciation 12
for starting me down the training path in 1982 when I 13
taught my first report-writing class. 14
Finally, no one gets to where they have gone without 15
somebody to hold onto; and in my life, that’s my wife, 16
Betsy, who is here today. And I thank you. 17
(Applause) 18
MR. SIEVERT: Again, thank you for this award. This 19
has been a very special day for me; and I shall always 20
cherish its memory. 21
Thank you again. 22
(Applause) 23
COMMISSION CHAIR DUDLEY: Next time, you need to 24
leave room in the script for when I cry; okay? 25
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“Pause, you get to cry now.” 1
Thank you. 2
Okay, the recipient of the POST O.J. “Bud” Hawkins 3
Exceptional Service Award for 2016 is Virginia Tomek. 4
(Applause) 5
MR. LOGGINS: Virginia Tomek is a veteran dispatcher 6
trainer and supervisor from the Oakland PD, where she 7
started her law-enforcement career in 1974. 8
What’s remarkable about Virginia is, she has taken 9
a lead role in the evolution of dispatcher training, 10
bringing it to a level of excellence recognized 11
throughout the state of California. 12
She has continually worked at helping develop the 13
job of dispatcher into the profession that it is today, 14
as well as the evolution of the profession that has been 15
significantly influenced by her hard work, her tenacity, 16
and her perseverance. 17
She had been involved in the development of training 18
courses for the Commission on POST for many years and has 19
been at the forefront of instructor development for 20
training for dispatchers. She is a well-respected 21
trailblazer in the critical dispatch discipline. In 22
fact, Virginia was the very first dispatcher to ever 23
complete the tremendously and excruciatingly difficult 24
POST Master Instructor Development Program. 25
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Virginia is legendary for her dedication to helping 1
others. She selflessly offers her time and expertise, 2
not only for the betterment of the profession, but for 3
those who will follow in her footsteps. She is a 4
tireless advocate for excellence with respect to dispatch 5
training and has established a stellar legacy that will 6
last for many years to come. 7
As the E.F. Hutton commercial used to say, “When 8
dispatchers talk, cops listen.” When Virginia talks, 9
POST listens. 10
Her commitment to the development of others is 11
priceless; and her genuine dedication of the 12
law-enforcement profession is a reflection of the 13
character that exemplifies the best practices in the 14
tradition of public service. 15
This namesake of this prestigious award is Bud 16
Hawkins, who was a proverbial giant in the 17
law-enforcement profession and who left a legacy for all 18
of us to follow. This award in his honor is recognition 19
for an individual who has made a significant contribution 20
that reflects dedication, perseverance, and exceptional 21
service to improving the professionalism of California 22
law enforcement. And Virginia Tomek embodies that every 23
day with that same level of spirit of service. 24
And for these reasons, Virginia Tomek is the 25
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recipient of the POST O.J. “Bud” Hawkins Exceptional 1
Service Award. 2
(Applause) 3
(Photograph taken of Commission Chair Dudley, 4
Executive Director Alvarez, Advisory Committee 5
Chair Marcelo Blanco, and Virginia Tomek) 6
MS. TOMEK: Okay, as I was saying, I haven’t been 7
this nervous since the first day on the mike at Oakland. 8
I’ll make it short and sweet. 9
I’d like to thank the Commission. This is a 10
fabulous honor I never would have dreamt of. But I’d 11
also like to thank the POST staff, past and present, that 12
have actually given me opportunities that allowed me to 13
move down this path. And, obviously, my husband, who 14
takes care of the critters when I’m gone. And I’d like 15
to thank all the dispatchers that showed up. I really 16
appreciate it. 17
Thank you. 18
(Applause) 19
MR. LOGGINS: Ladies and gentlemen, this concludes 20
the 2016 POST Excellence in Training Awards. 21
Recipients, please return to the audience. 22
(Applause) 23
COMMISSION CHAIR DUDLEY: Except, Recipients, please 24
don’t return to the audience. 25
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Scott, everything else you said was perfect. 1
MR. LOGGINS: This will be our little secret. This 2
never happened. 3
COMMISSION CHAIR DUDLEY: No, never. I’m sure the 4
reporter didn’t catch any of that, either. 5
(Photograph taken of Commission Chair Dudley, 6
Executive Director Alvarez, Advisory Committee 7
Chair Marcelo Blanco, and Award Recipients: 8
Casey Bokavich, Joe Farrow, Gordon Sievert, and 9
Virginia Tomek) 10
(Applause) 11
COMMISSION CHAIR DUDLEY: At this time, I would like 12
to ask POST Executive Director Alvarez to join me for a 13
special presentation. 14
EXECUTIVE DIRECTOR ALVAREZ: Thank you and good 15
morning. 16
If I could have Sheriff Ed Bonner please come up 17
front. 18
(Applause) 19
EXECUTIVE DIRECTOR ALVAREZ: Sheriff Bonner served 20
on the POST Advisory Committee for many years; and he 21
announced his retirement in between commission meetings, 22
so we were never able to present him with a resolution 23
before the group. He retired, actually, on the day of 24
the last commission meeting. 25
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So I want to present a resolution to him. 1
I’ve already presented this to him in his office 2
with one significant typo. So I’d like to present it 3
before the Commission, once again. 4
And I’m going to read the whole thing, if I may, 5
because Sheriff Bonner’s career is very impressive and 6
his service to California I think needs to be noted 7
today. So please bear with me. 8
“In appreciation of Edward N. Bonner” -- it’s “N,” 9
for Neil, not “M.” 10
“Whereas Edward N. Bonner began his distinguished 11
law-enforcement career on February 11th, 1974, as a 12
deputy with the Placer County Sheriff’s Department; and 13
“Whereas Edward N. Bonner was subsequently promoted 14
to sergeant on November 24th, 1979, and transferred to 15
the North Lake Tahoe substation, where he was assigned to 16
patrol in investigations; in 1983, he assumed the role of 17
acting lieutenant; and on October 12th, 1985, he was 18
promoted to captain; 19
“Whereas Edward N. Bonner served as the North Lake 20
Tahoe substation commander for seven years; and in 1992 21
was promoted to undersheriff and returned to the Placer 22
County Sheriff’s Department in Auburn, California; 23
“Whereas Edward N. Bonner was elected sheriff by the 24
residents of Placer County on June 7th, 1994; and he took 25
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office as the Sheriff of the Placer County Sheriff’s 1
Department on December 30th, 1994. 2
“Edward N. Bonner served as the sheriff of the 3
Placer County Sheriff’s Department from December 30th, 4
1994 until his retirement on February 25th, 2017. 5
“Edward N. Bonner served the residents of Placer 6
County and the State of California with great distinction 7
for over 43 years. 8
“Edward N. Bonner served as a sheriff for over 9
22 years; and at the time, was the longest 10
current-serving sheriff in the State of California at 11
the time of his retirement on February 25th, 2017. 12
“Edward N. Bonner served as president of the 13
California State Sheriffs’ Association in 2008. 14
“Edward N. Bonner served on the Advisory Committee 15
for the California Commission on Peace Officer Standards 16
from July 5th, 2005, until his retirement on 17
February 25th, 2017. 18
“Now, therefore, be it resolved that Sheriff 19
Edward N. Bonner has devoted his career to the 20
professionalism of California law enforcement through 21
his service as a peace officer for the Placer County 22
Sheriff’s Department; and as a leader in law enforcement, 23
he provided sage and insightful direction to POST. 24
“It is in the spirit of tremendous gratitude and 25
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appreciation that the California Commission on Peace 1
Officer Standards and Training presents this resolution 2
and remains eternally thankful for all that you have 3
contributed, for all that you have accomplished.” 4
Thank you, Sheriff. 5
(Applause) 6
(Photograph taken of Commission Chair Dudley, 7
Executive Director Alvarez, Advisory Committee 8
Chair Marcelo Blanco, and Edward Bonner) 9
COMMISSION CHAIR DUDLEY: Okay, we’re now going to 10
take a -- 11
MR. BONNER: Oh, whoa, whoa. Sit down, lady. 12
COMMISSION CHAIR DUDLEY: Never mind. 13
(Laughter) 14
MR. BONNER: What are you going to do to me? Kick 15
me off the Commission? 16
Thank you for just that brief moment. 17
(Laughter) 18
MR. BONNER: Congratulations to the award winners 19
today. 20
One of the great things the Advisory Committee got 21
to do, was to review the documents that were sent in. 22
And I just can’t even begin to describe my appreciation 23
for your contributions to this great state. 24
Thank you, Commissioners, for the opportunity to 25
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participate on the Advisory Committee. 1
The Advisory Committee members -- those that 2
are present, those that are not -- are some of the most 3
amazing people I’ve ever had the privilege to work with 4
in my career. I’m so fortunate. They have all enriched 5
my life, and I am grateful to them. 6
As the former longest-sitting sheriff, I pass that 7
mantle to my good friend, Bob Doyle from Marin County, 8
who now is the longest tenured sheriff in the state of 9
California. 10
And, Virginia, I want to just thank you 11
particularly. 12
1974 was a great year. But then also for me, a lot 13
of people take stuff home from the office; right? They 14
take paper or pen or something. I took a dispatcher 15
home; and we just celebrated our 40th anniversary last 16
weekend. 17
(Applause) 18
MR. BONNER: For all my blessings, I am so grateful. 19
Thank you very much to the Commission, and 20
particularly to my fellow Committee members. 21
And, Mr. Alvarez, thank you for doing this for me. 22
I appreciate it. 23
EXECUTIVE DIRECTOR ALVAREZ: Sure. 24
(Applause) 25
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COMMISSION CHAIR DUDLEY: I don’t know how one 1
politician could cut off another politician. 2
COMMISSIONER DOYLE: Just one minute? 3
COMMISSION CHAIR DUDLEY: Yes, because you’re the 4
longest-sitting sheriff. 5
COMMISSIONER DOYLE: Well, thank you. 6
In addition to Ed being a colleague, over the years, 7
Ed and I became great friends. And I remember, I was 8
appointed sheriff right after he was elected. And he was 9
the first sheriff to greet me and make me comfortable, 10
you know, in that setting. And we’ve become great 11
friends. 12
So I’m going to miss Ed, because Ed and I were sort 13
of part of the reasonable caucus of the California State 14
Sheriffs Association, so we’re one member short. 15
But Ed and I will still play golf together, go to 16
the Cal games together, and still be good friends. So 17
thank you. 18
COMMISSION CHAIR DUDLEY: Thank you, Commissioner 19
Doyle. 20
(Applause) 21
COMMISSION CHAIR DUDLEY: Okay, now, we’re going to 22
take a four-minute break and resume at 10:20. 23
(Recess from 10:15 a.m. to 10:24 a.m.) 24
COMMISSION CHAIR DUDLEY: Okay, thank you very much. 25
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This is the time on the agenda for public comment. 1
This is the time set aside for members of the public to 2
comment on either items on the Commission agenda or 3
issues not on the agenda but pertaining to POST 4
Commission business. 5
Members of the public who wish to speak are asked to 6
limit their remarks to no more than five minutes each. 7
Please be advised that the Commission cannot take action 8
on items not on the agenda. 9
Is anybody interested in speaking? 10
(No response) 11
COMMISSION CHAIR DUDLEY: Seeing no one step 12
forward, at this time, the Executive Director would like 13
to address the Commission. 14
Executive Director Alvarez? 15
EXECUTIVE DIRECTOR ALVAREZ: Thank you, Madam Chair. 16
Good morning, Commissioners, and good morning to all 17
the members in the audience. Thank you for coming; and 18
welcome to those that have never been here before. 19
I’d like to address a few things. I don’t want to 20
address anything that’s already in the agenda, so I’m not 21
going to address course certifications, which I know is 22
a topic of discussion at the last Commission meeting, as 23
well as competitive contracts. I know those will be 24
discussed later on today. 25
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I do want to give you a status update on two things 1
that are of interest to you that have come up in previous 2
commissions. 3
One, the POST org. analysis is well on its way. 4
It’s the org. study that you all helped us push through 5
last summer. It just got signed off on this week by the 6
state, so it is now approved; and we will move forward 7
with the vendor that has been selected for that. And we 8
hope that it’s going to be a six- to nine-month process. 9
Six months may be a little tight; but we hope that within 10
nine months we’ll be done with it. 11
At the conclusion of that study will be presentation 12
to the full Commission as to the results. That’s when it 13
will be finalized. 14
And I’d also like to talk about the testing process 15
at the academies. We talked about it at the last 16
Commission meeting, what we refer to as TMAS II. 17
As many of you know, we started the initiative 18
months and months ago with a pilot study; and then we 19
finalized it; and in February, it kicked off across the 20
state, where the new testing model is vignette style, 21
scenario-based. And we’ve gone from just under 30 tests, 22
to three tests. 23
So far, we’ve administered the RBC I test to 24
29 agencies, RBC II to 25 agencies, and the RBC III to 25
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three agencies. 1
RBC I, we’ve had 1200 students pass. The average 2
score on the passing of that test is 87 percent. 3
Test II, about 884 students have taken and passed 4
that test thus far. Again, the average score on that is 5
87 percent. 6
Test III, we’ve only had 158 students take that thus 7
far; and the average score on that is 89 percent. 8
To give you an idea of the range of those test 9
scores, on RBC I, the lowest score thus far across the 10
state has been 73 percent; the highest, 96 percent. 11
RBC II, the lowest score in the state has been 12
66 percent; the highest, 96 percent. 13
The last test, RBC III, the lowest score has been 14
82 percent; the highest score has been 95 percent. 15
The areas where students continue to struggle, or 16
the students are struggling on, are not a surprise to 17
any of us. I think they’re the more complicated areas: 18
LD 39, Crimes against the Justice System; LD 15, Laws of 19
Arrest and Miranda; and LD 16, Search and Seizure and 20
Vehicle Searches. 21
So the results thus far, we’re very, very happy with 22
the way the test is moving along. 23
The one area that we are getting some constructive 24
criticism on, is the feedback that we are providing for 25
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remediation. And we are working on that. We’ll have 1
hopefully a solution by September 1, in terms of what 2
we’re providing regarding the test results. 3
I would like to recognize the folks that have, for 4
many years, have been working on this project. It has 5
been a monumental effort, it continues to be a monumental 6
effort for them, and that is Diane Hrepich and Bob 7
Holmgren and their entire team. I just want to thank 8
them personally for their entire efforts. I don’t know 9
if they’re still in the room. But we really, really 10
appreciate what they have done and continue to do. 11
They have a test panel going on today, so I know 12
they probably had to cut out. 13
So those are the two updates. 14
I do want to tell you also about some of the things 15
that we’re going to be working on in the next six months. 16
I don’t want to go back in time as to what we’ve been 17
doing, but -- because I hope you’re up to speed on that. 18
But we are going to try to endeavor on a project to 19
refresh our subject-matter experts, just to make sure 20
that we’re not getting stale with some of our training 21
and contemporary ideas. We have different ways that we 22
think we can do that. We just started talking about it 23
in the last two weeks. So I think you’ll see more of 24
that. We’ve been talking about that at all of the 25
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different associations, that we’re going to ask for 1
support from departments, to free up some of their people 2
to bring in new ideas and new blood, so to speak. 3
One of the other areas that I think we really need 4
to focus on is recruitment, retention, and growing our 5
own. 6
In terms of the recruitment, we continue to struggle 7
through recruit law-enforcement consultants. Our 8
workforce is made up of 30 to 40 percent former 9
law-enforcement personnel. We need those folks here. 10
Obviously, it is -- we need their technical skills in 11
terms of what law enforcement does and needs on a 12
day-to-day basis. It is very difficult for us to hire 13
folks because of the PERS issue. 14
We have some ideas to bring in more folks; but, 15
frankly, we don’t get a lot of candidates when we have 16
positions; and it’s because of that topic, the PERS 17
topic. 18
We’re also going to try to combine the positions 19
that we do have for law-enforcement consultants. We have 20
an LEC I and an LEC II position. That causes us to shift 21
things around and play a little bit of a -- I don’t want 22
to say shell game, but to move things around constantly 23
to deal with that issue. That is going to take some 24
time. We have to get approval from the state to combine 25
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those two. 1
On the administrative side, we have no problem 2
recruiting folks. And we’ll put out a position, and 3
we’ll get 20 to 30 applicants, both internal and 4
external. But it’s just very hard to recruit a police 5
officer, a deputy sheriff mid-career or post-retirement. 6
And we do need those folks. 7
In terms of retention and growth, I think there’s 8
some opportunities for us, especially on the 9
administrative side, to help our people into higher-level 10
positions. One, they want that, to team them up with 11
some of our law-enforcement consultants to take the 12
burden off of the law-enforcement consultants; and 13
really, to be more a part of the team than they are now. 14
Not that they’re not, but I think there’s some 15
significant opportunities there to grow our own, put them 16
in higher-level positions, hopefully pay them more. And 17
that is a project that hopefully we’ll make some progress 18
on in the next six months. 19
The other thing we’re addressing is uniformity 20
across POST bureaus. It’s not just within one bureau, 21
it’s across POST. Bureaus do things differently. And 22
sometimes, you know, it’s the same project, and it just 23
gets done multiple ways. It’s something that we’re 24
struggling with and that we’re already moving forward to 25
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deal with. 1
The other thing is, we’re moving the way we certify 2
courses to law-enforcement academies. It was being done 3
by the Training Delivery and Compliance Bureau. We 4
have moved that over to the bureau that does all the 5
academy stuff, the Basic Training Bureau. It’s very 6
popular within our own staff. It’s very popular 7
externally. It’s just been hard for us to do it from a 8
personnel standpoint. So that, we hope to kick off by 9
September 1st. We’ve already selected a person, and 10
they’re now in background that will be doing that out of 11
the Basic Training Bureau. 12
So that’s kind of where we’re going to go, hopefully 13
in the next six months. 14
I also just want to thank one group of individuals, 15
and that’s the POST staff that make this possible. 16
There’s a lot of moving parts to set up the room, to 17
set up the microphones, and make sure that everything 18
works well; but there’s also a lot of behind-the-scenes 19
stuff. I mentioned the org. study. You know, just to 20
get that approved, and get it approved before this 21
Commission meeting so that we can say, “Hey, it’s done” 22
takes some tweaking, some arm-twisting with the state. 23
We mentioned yesterday, one of the regulations that 24
you all asked us to change -- or that we changed, that 25
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you changed as a commission, in terms of training 1
reimbursements, yesterday, we announced that it had not 2
been approved by the state. One of our personnel that 3
was working on that was constantly twisting arms, trying 4
to get it done; and it got approved yesterday. 5
So I want to thank all the POST staff for everything 6
they do to make this happen. And I know it’s stressful 7
for them, and everybody pulls a lot of weight to do it. 8
And lastly, I’d like to thank Mr. Darden, who 9
is standing to my left. We’ve had a number of issues 10
pop up since the last commission meeting. I venture to 11
say, five. I know four, for sure, significant issues 12
that we’ve had conference calls, meetings. 13
Toby has been here for those meetings. He’s just 14
provided us great counsel and guidance. 15
Toby is not in the building; but you wouldn’t know 16
it because when we reach out to Toby, he is always there 17
for us. 18
And, Toby, I just want to thank you personally for 19
everything you’ve done for us. So thank you. 20
MR. DARDEN: Thank you so much, Manny. It’s a 21
pleasure. 22
EXECUTIVE DIRECTOR ALVAREZ: And, Madam Chair, that 23
concludes my opening comments. 24
COMMISSION CHAIR DUDLEY: Well, on behalf of all 25
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the commissioners, I want to commend you on your superb 1
leadership and your extraordinary staff. And I join you 2
in your comments about Mr. Darden. 3
MR. DARDEN: Thank you. 4
COMMISSION CHAIR DUDLEY: We very much appreciate 5
you. 6
Okay, so our first item is the approval of the 7
action summary meeting minutes from the February 23rd, 8
2017, meeting. 9
Is there a motion to approve the minutes? 10
COMMISSIONER BUI: Bui. Motion. 11
COMMISSIONER MOORE: Moore. Second. 12
COMMISSION CHAIR DUDLEY: Thank you. 13
Any discussion? 14
(No response) 15
COMMISSION CHAIR DUDLEY: All in favor? 16
(A chorus of “ayes” was heard.) 17
COMMISSION CHAIR DUDLEY: Any opposed? 18
(No response) 19
COMMISSION CHAIR DUDLEY: The motion passes. 20
Okay, now, we’re going to -- there’s going to be 21
some presentations. 22
This time, I’d like to call on POST Law Enforcement 23
Consultant Andrew Mendonsa to provide us with an update 24
on body-worn cameras in the report-writing process. 25
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MR. MENDONSA: Good morning. 1
COMMISSION MEMBERS: Good morning. 2
MR. MENDONSA: Thank you, Madam Chair, Members of 3
the Committee. 4
I hope the Commission will indulge me in outlining 5
my basic argument for the importance of this topic before 6
diving a little more deeply into the work of the IMPACT 7
team itself. 8
In 1992, at Cambridge University, a political 9
philosopher and legal scholar named Ross Harrison argued 10
that there are two key premises regarding how governments 11
should make decisions. He said, in part, “States ought 12
to be purely rationale entities. All acts of states 13
should be justifiable; that is, should be such that they 14
can be supported by reason. In states, there should be 15
nothing private, personal, or arbitrary -- no whim, no 16
play. Everything which happens that is a state action, 17
should happen for a reason.” 18
“The second premise is to act rationally, is to act 19
for reasons; and to act for reasons is to act on the 20
basis of descriptions.” 21
For Harrison, everything that we do as members of 22
the government must have a reason. And those reasons, 23
if they are to be repeatable and just, must be based on 24
descriptions. Justice demands that we treat similar 25
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cases in similar ways, with descriptions that are clear 1
and defensible. 2
To be fair, some agencies excel at these 3
descriptions, clearly identifying issues and developing 4
well thought-out and pragmatic and effective solutions to 5
challenge us within their communities. But in my 6
experience, this is also an area where many agencies 7
still struggle. 8
Some agencies rely too heavily on widely available 9
and published statistics; but as many administrators 10
realize, these frequently do not adequately describe the 11
whole picture. 12
As Laurie Hughey reminds us, “Not everything that 13
can be counted, counts.” 14
Some have difficulty identifying and describing 15
issues with enough specificity. They find themselves 16
without the ability to measure what matters or to explain 17
their decision-making to the public. 18
As stewards of public funds, agencies typically 19
understand that they have an obligation to implement 20
strategies that are both beneficial and cost effective, 21
focusing on what works in policing. 22
By researching different responses to intractable 23
problems and measuring their results, agencies are better 24
equipped to draw distinctions between merely assessing 25
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output and creating outcomes that demonstrate actual 1
progress. 2
If nothing else, agencies must at least ensure that 3
interventions do not cause more problems than they solve; 4
what Joan McCord calls “cures that harm.” 5
Clear explanations are not only necessary for 6
rational decisions, they are two of the core foundations 7
of procedural justice. They’re central to demonstrate 8
both neutrality and trustworthy motives. By being 9
explicit in their thought process, agencies enhance their 10
transparency, accountability, and ultimately, their 11
legitimacy. 12
One way to think about addressing this challenge is 13
by encouraging agencies to consider looking at issues 14
from a scientific or research-centered point of view. 15
To be sure, evidence does not replace experience or 16
intuition, both of which are critical to what 17
law-enforcement agencies do. But often we find that 18
intuition is fallible and can only take us so far. By 19
relying on intuition and experience alone, we risk 20
missing important solutions that fall outside our 21
understanding or our expertise. 22
What I will discuss is just one way agencies might 23
implement evidence-based practices to answer operational 24
questions. 25
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For the IMPACT team at POST, this is much about the 1
final results of the specific research as it is a proof 2
of concept. 3
This project is useful both from an emerging-issues 4
standpoint. Academies have already expressed interest 5
in using body-worn cameras within the academy settings; 6
and POST has already generated some preliminary 7
guidelines. It’s also a demonstration to agencies 8
interested in conducting their own research. 9
Ultimately, this is an opportunity for POST to 10
serve its mission of enhancing the professionalism of 11
California law enforcement by encouraging agencies 12
throughout the state to consider research as one 13
component in their broader decision-making. 14
The following is a small-scale research project 15
being undertaken by the IMPACT team here at POST. We 16
began with the following research question: Can the use 17
of body-worn cameras in academies influence the 18
efficiency or the fidelity of report-writing? 19
Our methodology is we will be using an academy class 20
to test the cameras. We’re in the process right now of 21
developing program-specific report-writing scenarios. 22
Once begun, voluntary participants will be split into 23
those with cameras and those without, in what is called 24
a randomized control trial. The research will take place 25
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at the conclusion of the report-writing testing in the 1
academy for security and fairness. Program coordinators 2
will attempt to control for differences in age, 3
education, writing ability, and try to ensure that 4
cameras are the only variable. 5
The IMPACT team intends to test whether the use of 6
the cameras increases either the quality of reports 7
by looking at the average scores of the students, or the 8
efficiency of report-writing by having students keep 9
diaries of how much time they spend report-writing, or 10
both. 11
We will be using inductive reasoning to determine if 12
we’re able to draw broad conclusions from these specific 13
examples. 14
The design is mixed-method, meaning, we’ll be using 15
both qualitative and quantitative measures. 16
Methodologically, this is fairly simple. It’s one 17
of the reasons that we chose it. IMPACT is a fairly 18
small group at POST. We had to do something that we felt 19
like we were actually going to be able to accomplish. 20
The technology is additive with the control group still 21
being held to POST minimum standards. Nothing is being 22
taken away. 23
Once an academy is identified and a start date is 24
confirmed, we expect a minimum of five weeks for data 25
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collection, and another 60 to 90 days at the conclusion 1
for statistical analysis and report findings. 2
We intend to use a public-private partnership and 3
leverage the expertise and resources of NYU researchers 4
through a nonprofit group called BetaGov. This is a 5
group that provides research support free of charge to 6
participating agencies. And their mission is to assist 7
organizations in implementing evidence-based practices 8
and policies. 9
Their model is to encourage and assist with many 10
small-scale studies in a wide variety of political and 11
social climates. This hopefully provides for broad 12
transferability, allowing different organizations to 13
benefit from the research, and further strengthening 14
conclusions of the individual research. 15
We expect costs are going to be relatively low. 16
We’re going to try and partner with body-worn camera 17
companies to see if we can get some of these to use in 18
the research. Other than that, costs are probably going 19
to just be limited to staff time. 20
Our outcomes, we’re hoping to answer at least a 21
preliminary question: If body-worn cameras are useful 22
and efficient in academies from a report-writing 23
standpoint? We hope to produce a white paper with our 24
findings that can be used by academies who may be 25
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interested in introducing this technology into their 1
curriculum. 2
I expect we’ll probably have some follow-up 3
questions. I don’t know that we’ll be in a position 4
necessarily to follow these up; but certainly some 5
things that we’ve thought about are: Do the cameras 6
substantially change anything else about the 7
investigative process? For example, do officers rely 8
too heavily on the recording capability? The technology 9
is not going to identify deficiencies in their 10
interrogation. So if the officers are sort of expecting 11
the camera to pick up all of the information, are they 12
losing something? Is there something about sort of that 13
inherent curiosity that we expect from our officers that 14
gets lost? 15
Do the cameras have greater or lesser effect on 16
people, depending on officers’ demographics, either their 17
age, their education, their previous writing ability? 18
For example, do they help those struggling in 19
report-writing more than they help people who are already 20
proficient? 21
Do the cameras provide additional unexpected 22
training benefits and feedback? Does allowing the 23
officers to view their own behavior increase their 24
competence in subsequent training? 25
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How do the students feel qualitatively about their 1
use and value? And what are the potential long-term 2
implications of students who use the camera, subsequently 3
go to agencies that either do or do not have a program? 4
So if, for example, an academy is interested in 5
instituting this, and they send their folks from their 6
academy to an agency that no longer has -- or does not 7
have body-worn cameras, are they going to find that 8
somebody who had the technology available to them is now 9
struggling at report-writing, now that they no longer 10
have it? So that’s a follow-up question we might have. 11
So that’s an example of some work that we intend to 12
do here at POST with the IMPACT Team. 13
I also wanted to discuss a little bit of field 14
research that’s currently being conducted in Vallejo. 15
Vallejo Police Department is looking at automated 16
license-plate readers. They’re also doing a randomized 17
control trial. This project provides a glimpse of the 18
types of questions research can answer, and more 19
importantly, the types of questions it creates. Field 20
research like this develops capability within the agency 21
itself and within the broader law-enforcement community 22
as a whole. 23
The City of Vallejo is a diverse community; and as 24
of 2016, it has the second highest violent crime rate in 25
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California. They’re still suffering from the effects of 1
the municipal bankruptcy in 2008. 2
In response to high crime and lack of 3
resources, they have sought to be innovative in 4
problem-solving the issues facing their community. The 5
research team in Vallejo intends to approach problems 6
from a targeting, testing, and tracking model. Members 7
of the research team at the police department argue that 8
if resource-strained agencies like Vallejo, struggling 9
with violent crime, can embrace a culture of learning, it 10
can be done anywhere. 11
They have two basic research questions: 12
One, how does the ability to locate stolen vehicles 13
and make arrests with the system compare against the 14
control group? 15
And, two, how does the automated license-plate 16
reader technology affect officer behavior? 17
Some of the previous work they looked at was at 18
71 percent of agencies reported having automated 19
license-plate readers but arrest rates generally remained 20
low, at about 13 percent. 21
Early studies specific to the use of the readers 22
found that the use of the equipment was not always 23
associated with reductions in auto theft. 24
Their methodology, they’re also doing a randomized 25
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control trial, they have cars out in the field in three 1
different conditions. One of the conditions is where 2
the officers will get an alert only on a stolen vehicle. 3
The second condition, officers will get an alert both on 4
stolen vehicles and wanted subjects. The third is where 5
the technology is actually still active but it’s not 6
alerting the officers. That’s their control group. 7
Preliminary results are preliminary. They’re still 8
halfway through the trial, to be fair. We had hoped to 9
have them come and talk about this a little bit more. 10
The sergeant who is running the program wasn’t available, 11
so I’m sort of standing in, in his stead. 12
We’ve had some conversations about what they’re 13
seeing so far. They have seen a reduction in 14
motor-vehicle theft calls. Counterintuitively, more 15
stolen vehicles were recovered in the treatment group. 16
So more stolen vehicles had been covered in the group 17
where it’s active; but more arrests have occurred in the 18
control group where it’s not active. They don’t yet 19
know; but one of the reasons they think that might be 20
occurring is because the technology is actually hitting 21
on parked cars as they’re driving around, so there’s 22
nobody around to arrest. Why the control group actually 23
has higher arrest rates is still to be determined. 24
One of the reasons they’re doing this is as a 25
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cost-benefit analysis. So the automated license-plate 1
readers cost about $20,000 per car. And one of the 2
questions they had is if they intend this to help with 3
reductions in auto theft, is it going to have its 4
intended effect specific to their jurisdiction? 5
Some follow-up questions for research: 6
Do the officers become conditioned to their use and 7
the alerts over time? 8
Can the technology create new hotspots based upon 9
hits, either congregations of stolen vehicles or wanted 10
vehicles? 11
Does the technology affect officer behavior either 12
in mileage driven or complaints? 13
Can the use of the technology augment existing crime 14
analysis? 15
One of the things that I think they’re doing that’s 16
really interesting is, there’s no intent that this 17
replaces officer experience or intuition. So one of the 18
follow-up questions may be: Is there a difference in 19
officer experience and rates of recovery or hits? For 20
example, are more tenured officers better able to put the 21
technology where it’s most useful? So that’s one of the 22
things they’re hoping to look at. 23
One of the surprising findings they’ve had so far 24
is that preliminary information shows a lot of overlap 25
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between their crime hotspots and the hits that they’re 1
getting out of the cars. 2
As a result of this, six additional agencies have 3
now started experimenting with randomized control trials 4
to test their own strategies for various things. 5
So with that, that’s all I have for the 6
presentation. I’m happy to answer any additional 7
questions or comments. 8
COMMISSION CHAIR DUDLEY: Thank you very much. 9
Questions? Comments? 10
COMMISSIONER MOORE: Well, I guess I have a question 11
on the part of the training part of the module in dealing 12
with report-writing, from the videos of the body cams, 13
the BWCs. Are they going to be trained to write the 14
reports off of what they’ve experienced? Say, in a 15
critical-shooting incident, will they first be trained 16
to write why they reacted the way they did, then review? 17
Or will they write the report off of what they see on 18
camera? 19
MR. MENDONSA: So we’re not addressing those issues 20
at all. This is a very, very small scale study where the 21
cadets are going to be given scenarios that POST creates. 22
They’re very low-level scenarios: They’re going to be 23
vandalisms, they’re going to be burglaries. These are 24
not critical-incident scenarios at all. 25
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COMMISSION CHAIR DUDLEY: Thank you. 1
And that was Commissioner Moore. 2
Commissioner Braziel? 3
It would help for the record, if when you speak, you 4
would say your name. 5
Thank you. 6
COMMISSION VICE CHAIR BRAZIEL: Joyce introduced 7
me -- the Chair introduced me. 8
What may help, I think, in explaining this, is in 9
your description to us that you mentioned officers. So 10
I think there’s this -- people are transferring the study 11
being out in the field. 12
MR. MENDONSA: Gotcha. 13
COMMISSION VICE CHAIR BRAZIEL: So I think if we 14
called them recruits or cadets and stuck with that. So 15
we’re going to do this in an academy, just so everybody 16
knows that you’re actually scenario-based -- 17
MR. MENDONSA: Fair enough, yes. 18
COMMISSION VICE CHAIR BRAZIEL: -- and not testing 19
in the field. 20
MR. MENDONSA: Correct. This is not field-testing 21
in a sort of traditional law-enforcement sense. 22
COMMISSION VICE CHAIR BRAZIEL: And I’m assuming 23
that the outcome of this, is to -- you could then push 24
out to the academy group and say, “Listen, here’s some 25
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observations we have if you use body-worn cameras in the 1
training center only.” 2
MR. MENDONSA: That’s correct. 3
COMMISSION VICE CHAIR BRAZIEL: With some 4
applicability to the field. 5
MR. MENDONSA: Right. And the intent is to -- if 6
agencies are, in fact, interested in incorporating these, 7
are there things that they need to know? Is this a tool 8
that perhaps helps cadets in the academy who are 9
struggling with their report-writing? Is this a tool 10
that is going to increase the amount of time that it 11
takes their cadets to write their reports? 12
And from that standpoint -- we’re not getting into 13
any issues about whether or not it’s appropriate to use 14
them surrounding a critical incident. That’s really, 15
really outside the scope of what we’re looking at; and 16
I don’t know that we’re going to be in a position -- we 17
certainly won’t be in a position from this research to 18
make a determination about that. 19
COMMISSION CHAIR DUDLEY: Thank you, Commissioner 20
Braziel. 21
Commissioner Moore? 22
COMMISSIONER MOORE: Commissioner Moore again. 23
The question is, local departments, could we not 24
get actual field incidents and bring it in to use 25
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for recruits’ training that would be more up-to-date and 1
more relevant. 2
MR. MENDONSA: Yes, so we looked at a wide variety 3
of options when we were sort of discussing this. And one 4
of the things that’s important about research is, you 5
need to control as many of the variables as you can. 6
That’s one of the reasons that we talked about doing this 7
in the academy setting, is we have a high degree of 8
control over what sort of scenarios they’re exposed to, 9
what the grading system is. 10
And so as many of those things that we can control, 11
it’s really important so that we can say at the end of 12
this, that whatever our intervention is, is the thing 13
that made the difference. 14
And so where that became complicated for us is if 15
you talk about getting out into any sort of field 16
situation, you don’t have a lot of control. You don’t 17
have scenarios that are exactly the same every time. You 18
don’t have field-training officers that are exactly the 19
same every time. 20
There’s also a whole wide variety of reasons of why, 21
from my perspective, it becomes problematic from a 22
research standpoint. It becomes problematic when you’re 23
doing this live in the field with officers. And so 24
that’s one of the reasons that we concentrated on staying 25
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within the academies themselves. 1
COMMISSION CHAIR DUDLEY: Thank you. 2
Any other questions or comments? 3
(No response) 4
COMMISSION CHAIR DUDLEY: Okay, thank you for both 5
reports. 6
At this time, I’d also like to call upon POST 7
Senior Information Systems Analyst Catherine Bacon-Davis 8
to provide us with an update on how the IMPACT team will 9
continue to provide emerging-trend reports to the 10
Commission. 11
MS. BACON-DAVIS: Thank you. 12
Hello. So in the time since our presentation at 13
the February commission meeting, we have met to discuss 14
our plans going forward to identify and report to the 15
Commission on emerging trends. So today, I’d like to 16
run through the process we’ve identified and give you 17
the blueprint for how we’re going to approach this. 18
One item of discussion is the source -- our 19
information sources, how we’re going to find out about 20
emerging trends. 21
We looked at a Command College project for the 22
body-worn cameras and reporting issue. It came to our 23
attention that Vallejo was doing a field study on the 24
license-plate readers. We’re also going to be reaching 25
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out to law-enforcement executives and professional 1
organizations, to see what emerging issues they’re 2
keeping their eyes on. Basic training academies and 3
other organizations that are maybe developing different 4
curriculum or training plans. 5
We’re looking at, again, research being conducted 6
by other jurisdictions out in the field, and training 7
organizations that aren’t necessarily law enforcement but 8
maybe have some new training methods that would be of 9
interest to POST or the Commission. 10
Our objective is to identify emerging trends that 11
may involve or have an impact on California law 12
enforcement or POST and the Commission, bring them to 13
you; and then determine next steps, as we have with 14
body-worn cameras and the Vallejo research. 15
What we plan to do is as a team of seven, we are 16
going to take rotating leads on each of these sources 17
of input, and report to the Commission at commission 18
meetings as a standing agenda item. 19
We will work as a team, though, to conduct all the 20
tasks related to that. That includes, we would contact 21
stakeholders and leaders and sources. We will identify 22
appropriate instruments for gathering data, such as 23
research groups, surveys, interviews, attendance at 24
conferences, or demonstrations, literature reviews, 25
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et cetera. 1
As a team, we will analyze the data gathered and 2
prepare a concise report of our conclusions, recommend 3
next steps or recommended action by the Commission. 4
We will continue to report on ongoing trend 5
research, such as what we find from the body-worn cameras 6
and report-writing study, as well as identifying new 7
trends that we may need to pursue or want to pursue. 8
Interim updates may also be posted or provided as 9
requested by the Commission for review. 10
So for the upcoming Commission meetings: 11
In October 2017, we will be delivering a report 12
based on our research in emerging trends from the 13
executive and professional organizations in law 14
enforcement. 15
In February 2018, we will be looking at basic 16
training academies and the Command College projects to 17
identify emerging trends of interest. 18
June 2018, we will find another field research being 19
conducted and report on that. 20
And then in October of 2018, executive professional 21
organizations. 22
And that’s to bring the new issues to light and 23
start the discussion about the work we could do within 24
our scope as kind of a small team within POST; or if we 25
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identify, as a result of our research, there’s a 1
recommendation for something bigger or broader, we could 2
have that discussion as well. 3
And so thank you for your time. 4
That is our blueprint, so thank you. 5
COMMISSION CHAIR DUDLEY: Thank you, Catherine. 6
Any questions or comments? 7
(No response) 8
COMMISSION CHAIR DUDLEY: Okay, thank you, both. 9
Did you have anything, Commissioner? Did I move too 10
quickly? 11
COMMISSIONER MOORE: We’ll wait. We’ll wait. 12
COMMISSION CHAIR DUDLEY: You sure? 13
COMMISSIONER MOORE: Yes. 14
COMMISSION CHAIR DUDLEY: Please, Commissioner. 15
COMMISSIONER MOORE: I just had some things that I 16
wanted to turn over to them if it’s okay. 17
COMMISSION CHAIR DUDLEY: Please. 18
COMMISSIONER MOORE: In my local community, I’ve 19
been working on a body-worn camera policy; and addressing 20
it from some community concerns, I’d like to turn that 21
information over to you at this time that we worked with 22
our department that I think is some stellar work that 23
we’re doing in Santa Clara County, as well as some 24
concerns dealing also with the license-plate reading 25
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policies. I’ll turn that over. 1
And I’ll just save everything else for later. 2
COMMISSION CHAIR DUDLEY: Okay, thank you, 3
Commissioner Moore. 4
Anyone else? 5
COMMISSIONER BUI: Can I just say something real 6
quick? 7
I just want to make a comment. It’s not a question, 8
really. 9
Just kind of to piggyback on what Commissioner Moore 10
was talking about related to the community and their -- 11
and how they’re affected by body-worn cameras, and just 12
the POST training. I like that we are doing our own 13
research and we’re basing a lot of our training on 14
research and evidence. And I think that’s important for 15
the community to know that that’s how we’re developing 16
our training. That it’s not just anecdotal; that it’s 17
based on data and research that we’ve performed 18
ourselves. 19
COMMISSION CHAIR DUDLEY: Thank you, Commissioner 20
Bui. 21
Anything else? 22
(No response) 23
COMMISSION CHAIR DUDLEY: Okay, thank you. 24
COMMISSIONER LEICHLITER: Run, Andrew, run. 25
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COMMISSION CHAIR DUDLEY: Okay, I’m just going to 1
give you a moment to look at the reports of what is 2
on the consent agenda, and ask you in a moment if there 3
is anything you’d like pulled. 4
Okay, would anyone like a report on any of the 5
consent agenda items? 6
COMMISSIONER LONG: Madam Chair? 7
COMMISSION CHAIR DUDLEY: Yes, Commissioner Long. 8
COMMISSIONER LONG: I would just like to hear -- on 9
the Procedural Justice report, I’d just like to hear kind 10
of a status report. I don’t know if -- I don’t think 11
it’s coming up later. But also, where we are in terms of 12
spending on the $5 million and how that’s going to be 13
laid out. 14
Also, is this -- I don’t know if this is the 15
appropriate time to talk about kind of the linkage 16
between the training that’s been going on and how it’s 17
going to be kind of infused in the basic academy, or if 18
we should talk about that later. And this is kind of in 19
light of the Legislature’s push to mandate everything, 20
frankly. And certainly Procedural Justice, they parked 21
the bill, but they’ll be back. 22
And is this the appropriate time to talk about that, 23
in terms of, you know, maybe the best defense here is a 24
good offense, and to try to make it clear how we’re going 25
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to -- I mean, I attended some of the training for the 1
Procedural Justice. It was very good. But how we’re 2
going to make the linkage from that to basically infusing 3
into the academy; and how we’ll be able to maybe convince 4
a number of people in the Legislature who think that it 5
should be mandated for every officer, and so forth, and 6
what POST’s position will be on that. And then also, 7
how that 5 million bucks is unrolling, so that we could 8
make a valid claim for additional funding going forward. 9
COMMISSION CHAIR DUDLEY: Commissioner Long, on 10
behalf of the Commission, I want to thank you for 11
attending that training. I think that’s terrific. It 12
always helps to have one of you in the room. 13
And now I will ask Bureau Chief Ralph Martin -- not 14
Martin -- Ralph Brown to respond. 15
Ralph Martin was the chief in Santa Maria who just 16
retired yesterday. 17
MR. BROWN: That’s why, as my dad would say, “You 18
can call me anything you want. Just don’t call me late 19
for dinner.” 20
With that, Dave Cornejo can speak to the aspect of 21
the expenditure side. 22
MR. CORNEJO: Okay, so in terms of what we’ve 23
actually spent, Commissioner Long; so we -- just in this 24
year -- because, obviously, the money just became 25
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available this year -- we have already processed, just 1
in travel -- or reimbursements and other minor expenses, 2
we’ve already paid out about $150,000. And so there’s 3
a lot of initial outlay before it goes out to the field. 4
So we didn’t anticipate that this first year would be a 5
lot. 6
Once all of the instructors have gone through the 7
training, the two-day training, and it goes out to 8
the field, then you’re going to have much more of an 9
exponential increase in that amount. 10
COMMISSION CHAIR DUDLEY: Thank you. 11
COMMISSIONER LONG: But is there a plan for, you 12
know, how long that money will -- when will that 13
5 million go out over the next -- in ‘17-18, or will it 14
go out to the following year? 15
MR. CORNEJO: Okay, so there is budget-control 16
language in the ‘16-17 Act. It’s enabling language that 17
allows our department to either expend or encumber the 18
funds before June 30th of 2021; and our intent is 19
probably to spend the entire amount. 20
Please keep in mind, I believe this is a voluntary 21
program. 22
MR. BROWN: Correct. 23
COMMISSION CHAIR DUDLEY: Before we go on, 24
Commissioner Long, any more questions about that? 25
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COMMISSIONER LONG: No. 1
COMMISSION CHAIR DUDLEY: Thank you. 2
Bureau Chief Ralph Brown. 3
MR. BROWN: Okay, to address the last question 4
first, which is how do we mandate that, I guess it goes 5
back to an SLI’ism from leadership school, which is, how 6
do you get voluntary compliance from people. 7
And I think that the short answer here, is that from 8
the people that I talked to in the field, I don’t think 9
there are any oral boards taking place for promotional 10
exams that don’t include some dynamic of what is 11
procedural justice, implicit bias, and how does it affect 12
our department and our community. 13
And with that said, that, right there, is a driver 14
for people to attend the course. It’s personal 15
motivation. Much like community-oriented policing and 16
problem-solving was back in the nineteen-nineties, again, 17
it was not a mandate, but was recognized by the field as 18
a necessary benefit to change organizationally and 19
enhance training models. And that’s what we’re seeing 20
with procedural justice: It’s a voluntary compliance. 21
People want to attend because they see the benefit. 22
That’s why people are going to attend. 23
COMMISSION CHAIR DUDLEY: Commissioner Long, 24
anything else? 25
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COMMISSIONER LONG: I would guess the Legislature 1
would not be placated with that, and we’d probably be 2
back with a mandate. And I think for all those, we have 3
to determine whether or not a mandate is appropriate in 4
this case. And if not, to try to figure out a way to 5
communicate how effective this new kind of procedural 6
justice training could be if allowed to unfold in its 7
current way. 8
I don’t know, though, that, with all due respect, 9
that this is going to be that compelling in terms of the 10
legislators who want to make this mandatory. 11
COMMISSION CHAIR DUDLEY: Great. 12
Commissioner Bui? 13
COMMISSIONER BUI: Bui here. 14
Correct me if I’m wrong, but it’s already been 15
infused into the academy curriculum; right? Or is it in 16
process? 17
MR. BROWN: That’s correct. 18
COMMISSIONER BUI: So they’ll be getting it right at 19
the beginning; correct? 20
MR. BROWN: That’s correct. So what we haven’t 21
touched on is that, what have we done thus far; right? 22
So we have met with internal and external 23
stakeholders to take the tenets of “Procedural Justice, 24
Implicit Bias,” and put them in the appropriate learning 25
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domains in the academy. 1
So now when recruits come out of the academy today, 2
they’re going to be exposed to that. 3
In addition to that, they’re also going to have this 4
opportunity to take this eight-hour course down the road. 5
And a lot of agencies, I suspect, are going to include 6
that in their annual PSP or CPT training, advanced 7
officer training, that kind of thing. 8
We’re also adding that into the SLI, the Supervisory 9
Leadership Institute. So those dynamics are also going 10
into that program, as well as the required management 11
course. So it’s going to be infused into curricula that 12
is mandated by POST for people to take upon promotion. 13
So that will also be there. 14
COMMISSIONER LONG: And if I may just comment on 15
that? 16
COMMISSION CHAIR DUDLEY: Please. 17
COMMISSIONER LONG: I think infusion is the way to 18
go. And I think, having seen the coursework, and so 19
forth, it’s impressive. But I think it’s incumbent on 20
POST to, one, sell it, and show some kind of -- that it’s 21
actually happening, it’s actually there. 22
And I think to that end, sometimes I go back to a 23
theme I always like, which is third-party validaters. 24
Basically, someone to say -- other than us -- saying, 25
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“Yeah, we’re really wonderful.” But third-party 1
validaters that say, “Yes, this stuff is really being 2
infused into the academy in these following ways.” And 3
it’s someone other than POST saying that we’re doing 4
wonderful things. 5
Because I think we should sell it and I think -- 6
I’m wary of mandating everything. But I think, again, 7
the best defense is a good offense here. And I think 8
we’re going to need to be a little more compelling in 9
our confidence in terms of whether this is being infused, 10
how it’s being infused, and whether some third-party 11
validater will be able to confirm that. 12
My own bias there. 13
COMMISSION CHAIR DUDLEY: I think there are few 14
things as compelling right now in California than 15
procedural justice and officer-involved shootings. It’s 16
what we all hear about in the field all the time. 17
Yes, please? 18
ADVISORY COMMITTEE CHAIR BLANCO: If I may, 19
Commissioner Long, just to add a little bit to what 20
you’re going in, as far as the infusion process. SLI -- 21
I attended SLI. So that would be one of those areas 22
where this would come in. I also attended the management 23
course in my recent promotion as a lieutenant, so that 24
would come in as well. 25
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So I believe based on what POST is currently doing, 1
we are going to get beat over the head with this. And 2
it’s going to get drilled into us that this is where 3
we’re going and this is what needs to be done, especially 4
if it’s being done at the academy at the promotional 5
level and things of that nature. 6
So based on what’s being explained, I feel -- and 7
those trainings that I’ve attended -- that POST is 8
meeting that requirement, to make sure that the 9
information is being, you know, given to us. And, 10
obviously, it’s known that, hey, this is the direction 11
we’re heading. 12
COMMISSIONER BUI: Madam Chair, may I expand on 13
something? 14
I see that there’s a void, and I think that might be 15
what you’re talking about. We have our academy recruits 16
who are getting it, and then folks who want to promote 17
who are going to be getting it. But then we have this 18
huge chunk of, you know, front-line officers that aren’t 19
going to be mandated to get it; right? So there’s the 20
issue there. 21
COMMISSION CHAIR DUDLEY: And I also want to thank 22
Commissioner Bui for also being at the training. I 23
really appreciate that. 24
COMMISSIONER BUI: Thank you. 25
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COMMISSIONER LEICHLITER: Commissioner Leichliter. 1
So, then my question would be, at some point, is it 2
going to be part of what you’re talking about? The 3
yearly training that all of us at line staff have to go 4
through as well, which is the CPR and all the driving and 5
all that, is it eventually going to become part of that, 6
that you guys are going to mandate? Which I think is 7
where Commissioner Long is going. And if it is, we need 8
to make sure that we put it out, so that everybody knows 9
that that is now part of the required curriculum for 10
every officer that gets it at some point, whether it’s 11
every two years, like the driving, or if it’s every year 12
that you get a refresher 30 minutes or 40 -- an hour, 13
whatever it takes of our required eight hours of 14
training. 15
MR. BROWN: Right. Good question. 16
The short answer is, we can do as much as we can 17
to infuse and immerse procedural justice in all these 18
different areas. So throughout an officer’s -- a 19
deputy’s lifetime in their career, they can be exposed 20
to all these dynamics on a repeated basis, which betters 21
the retention. 22
As far as the requirement goes, unless it is, A, 23
mandated by the agency head -- Cal Chiefs, Cal Sheriffs 24
can push that down from their end -- then it’s going to 25
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have to come from the Legislature. 1
So what we’re hoping for, we’re hoping for voluntary 2
compliance here; right? We’re putting it out, we’re 3
selling how good it is, we’re selling how effective it 4
is. We’re trying to, anyway. 5
And so I think the field will benefit from having 6
the option to “You know what? It’s not mandated, so I’ve 7
already got a full load of training I’ve got to get done 8
this year, so maybe I can get it in next year.” 9
“Okay.” 10
Because everyone -- as the Commission knows, there’s 11
a tremendous amount of requirements that officers have to 12
be trained in on a regular basis. 13
COMMISSIONER LEICHLITER: That’s why I was asking 14
if it could be something like every other year or every 15
third year, like the training is, so that it’s not all 16
packed into what we’re trying to do. 17
MR. BROWN: Correct. Great. That would be the best 18
way to go. 19
Commissioner Long, if I can, with respect to your 20
third-party validation. You should know that we have 21
partnered with Stanford University, who was the driver 22
for the curricula development on this. And they are 23
currently extrapolating data from surveys of the 24
attendees of the course immediately after the course, 25
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and then probably three to six months after the course, 1
with the questions: How effective was the training? If 2
there are any adjustments, where can we make them? How 3
beneficial is it to you and your department? 4
So when we get that data report from Stanford 5
University, we can certainly present that to the 6
Commission; and that will be your third-party validation. 7
COMMISSIONER LONG: Well, not to parse, but that 8
would be to the relatively small swath of people who have 9
taken a voluntary course, as opposed to instilling 10
confidence that this is being infused in the regular 11
academy. I think they’re two separate things. 12
You know, just to summarize, again, I think what 13
POST is trying to do here is the right thing. But I 14
think, basically, you prove you’re doing it and have a 15
third party validate that you’re doing it or already you 16
have it done, to you. And that’s my concern going 17
forward. 18
MR. BROWN: Understood. 19
COMMISSION CHAIR DUDLEY: I appreciate it that 20
Executive Director Alvarez pushed out the “Did You Know? 21
Procedural Justice” video. I then sent it to the 22
Superintendent of Schools in Santa Barbara, as well as 23
the fire chief; and they both intend to use it, too. And 24
it’s very important in these “Did You Know?” videos when 25
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we can get them to the community, and the community 1
understands procedural justice at the same time that law 2
enforcement does. 3
Any other comments about this? 4
MS. SANDOVAL: Director? 5
COMMISSION CHAIR DUDLEY: Yes? 6
MS. SANDOVAL: Jan Myyra has some information that 7
I’d like to share with the Commission, that shows some 8
training we are trying to infuse for line level. 9
COMMISSION CHAIR DUDLEY: And that was Maria 10
Sandoval. 11
MS. MYYRA: Good morning, Commission. 12
One of our plans is to take the mandate for 13
racial-profiling training and create an online course. 14
And the idea would be to infuse the procedural justice 15
information into that as well. So that is mandated every 16
five years, an officer has to take that. So that would 17
be an option, the line officer over years, to use that. 18
COMMISSION CHAIR DUDLEY: Thank you. 19
Do you have any questions about that? 20
EXECUTIVE DIRECTOR ALVAREZ: May I add something, 21
Madam Chair? 22
COMMISSION CHAIR DUDLEY: Please. 23
EXECUTIVE DIRECTOR ALVAREZ: Manny Alvarez. 24
In regards to your question, Commissioner Long, 25
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about the academies and infusing it in the academies, 1
we did have a workshop to change the language in the 2
training materials for the academies. I don’t remember 3
the month, I think it was January or February of this 4
year. But we did include outside folks. It wasn’t just 5
POST staff that changed those materials. We included -- 6
and I may miss a few organizations, but the Museum of 7
Tolerance participated in the changes. LULAC, the NAACP. 8
We had an immigration-rights advocate present, and a 9
member of the Legislature. So there were folks from 10
outside of law enforcement that participated in that. 11
We’re not complete with that, but we did bring outside 12
folks that have different ideas, perhaps, than law 13
enforcement into that. 14
We are starting that endeavor also with the FTO 15
program. That’s kind of the next step. I think I’ve 16
been mentioning that. But we will be moving forward. 17
We’re -- I don’t want to say we’re early in the process, 18
but we started -- the course is finalized in September, 19
and it started to roll out in -- I think in March or 20
April, for the most part. So I think you’re going to see 21
more and more of it across the state as trainers are 22
trained up and students start going through the course. 23
So that’s why you see, we’ve only spent 150,000 of the 24
five hundred -- million. 25
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It is a reimbursable course. So now when police 1
officers across the stating are going to the training, 2
you’re going to see those expenditures go up, as 3
Mr. Cornejo said, exponentially. So we’ll keep moving 4
forward. 5
It is a very popular program for us. We love it. 6
I think the community loves it. 7
Yes, the word is not out there yet because it’s just 8
kind of kicking off. 9
We were down in San Diego a couple of weeks ago, 10
and one of the chiefs had gone through some procedural 11
justice training at one of the universities, and had 12
asked us, it’s like, “Hey, have you guys ever thought 13
about doing something in this regard?” Which is a little 14
disheartening that he didn’t know POST is already doing 15
it, but it is just starting to roll out. 16
COMMISSION CHAIR DUDLEY: Thank you. 17
Anything else on procedural justice? 18
(No response) 19
COMMISSION CHAIR DUDLEY: Okay. Before -- 20
COMMISSION VICE CHAIR BRAZIEL: Commissioner 21
Braziel. 22
COMMISSION CHAIR DUDLEY: I’m sorry, yes. 23
Commissioner Braziel? 24
COMMISSION VICE CHAIR BRAZIEL: I can’t help myself. 25
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Commissioner Braziel. 1
May I just recommend maybe we just have regular 2
updates at our commission meetings that list out, here’s 3
how many academy -- how many folks have graduated from 4
the academy that took it, here’s how many took it 5
in-service, here’s how many took it at SLI. Once we 6
start seeing the reimbursements, we’ll know how many took 7
it voluntarily, so we can start showing the trends? 8
MR. BROWN: Yes, we sure can. 9
COMMISSION VICE CHAIR BRAZIEL: That may be helpful. 10
COMMISSION CHAIR DUDLEY: That would be great. 11
COMMISSION VICE CHAIR BRAZIEL: And then we discuss, 12
if we need to, do we rearrange CPT to force it faster. 13
But Commissioner Long is 100 percent right, we don’t 14
want to have this forced. We want to be able to say: 15
“Here’s all the things that are done. Here’s the data. 16
This is what we’re -- at least the numbers going 17
through.” Because I think you’ll see big numbers between 18
now and -- 19
MR. BROWN: Yes. 20
COMMISSION VICE CHAIR BRAZIEL: -- the next 21
commission meeting, of people going through it. 22
EXECUTIVE DIRECTOR ALVAREZ: Okay, fair enough. We 23
can do that. 24
MR. BROWN: If I can, on a closing note on that, as 25
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a reminder, when we accepted the certification from our 1
partners at DOJ to start pushing this out to the field, 2
the players are Stockton Police Department, South Bay 3
Regional, and CSU Long Beach. And they will be the ones 4
that will be pushing it out to the field, and they’ll be 5
doing it in a very large way. 6
So, agreed, then the numbers will start going up by 7
the -- I’m sure by the fall of this year. Because they 8
have to ramp up, so… 9
COMMISSION CHAIR DUDLEY: It would be fair, before 10
Bureau Chief Brown leaves, is there anything else on any 11
other consent items? 12
Would anyone like any other consent item pulled? 13
(No response) 14
COMMISSION CHAIR DUDLEY: Okay, thank you. 15
MR. BROWN: Yes, ma’am. 16
COMMISSION CHAIR DUDLEY: Is there a motion to 17
approve the consent items? 18
COMMISSION VICE CHAIR BRAZIEL: Move. Braziel. 19
COMMISSIONER LONG: Second. Long. 20
COMMISSION CHAIR DUDLEY: Thank you. 21
All in favor? 22
(A chorus of “ayes” was heard.) 23
COMMISSION CHAIR DUDLEY: All opposed? 24
(No response) 25
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COMMISSION CHAIR DUDLEY: The motion passes. 1
Okay, now, we’re going to get a Finance report. 2
Commissioner Long will now provide the Finance Committee 3
report, please. 4
FINANCE COMMITTEE CHAIR LONG: Thank you, 5
Madam Chair. 6
The Finance Committee report can be very brief. 7
We had kind of a long discussion in full Commission and 8
in the Finance Committee in February. Basically, not 9
much has changed from the Governor’s budget. The 10
May Revision did not change much. 11
As we talked about in February, there appears to be 12
about a $13 million difference between the two budgets. 13
But when you account for the 5 million in Procedural 14
Justice we just talked about, you’re really looking at 15
more of an 8 and a half, 9 million dollar difference, 16
most of which, as we talked about in February, will be 17
made up by reimbursements -- reducing reimbursements. 18
Some of that will be offset, to some extent, by the 19
fact that there was an in-the-mirror vision of the 20
Governor’s budget. There was a $4 million shift from 21
training to reimbursements; so that will help alleviate 22
that problem, to some extent. 23
The other change in the May Revision was probably 24
the $1.8 million for the simulators, which was approved. 25
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It was approved however only for one year as opposed to 1
two. And as we discussed in the Finance meeting, 2
although that’s not a big number, we may well have to go 3
back to the drawing board to figure out how to continue 4
funding this, as there is definitely a resistance to 5
using motor-vehicle account funds for this purpose. 6
The people who receive MVA funds zealously guard their 7
funding; and so it may be a difficult trough to go back 8
to. But for ‘17-18, the simulators are being funded. 9
I think as a result then, the two big issues going 10
forward, finance-wise, would be that the State Penalty 11
Assessment Fund will likely continue to decline. The 12
good news is that POST went from -- it used to be about a 13
24 percent historical piece of that fund, to more than 14
half of that fund. That’s the good news. 15
The bad news is getting a bigger piece of a 16
shrinking pie isn’t always all that encouraging. So 17
we’re going to have to keep moving forward on that. 18
The other thing that we received a good briefing on 19
from POST staff, was the contract enhancement project, 20
going forward. We talked about in February, trying to 21
find a way to incentivize innovation and creativity, 22
and to kind of increase a return on our investment – 23
on the contract investment. So how can we do that, 24
basically, to combat inertia in contracts? I think 25
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inertia in contracting in the state is a very common 1
problem. How do you go back in and try to incentivize 2
people to do more innovation? 3
We received a good report from the staff. The key 4
will be in how we implement that going forward. What 5
kind of concrete steps will be taken? 6
I appreciate the fact that the staff seems to really 7
recognize the need to innovate and create and inspire 8
creativity, and to try to get back to the drawing board 9
a little bit to see what else could we do out there, 10
especially in areas of I.T. 11
So those are the two big areas we talked about. 12
I don’t believe there’s anything else. 13
Anyone? 14
Dave? 15
We received a number of outstanding PowerPoints from 16
Dave; but I don’t think there were any major changes from 17
February to report. 18
So going forward, we just have to keep an eye on 19
that Penalty Assessment Fund and how we’re going to 20
increase funding in the future. 21
MR. CORNEJO: That’s correct. 22
COMMISSION CHAIR DUDLEY: I think Commissioner Long 23
was asking if you wanted to add to anything he said? 24
MR. CORNEJO: No. I think he covered it, 25
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everything. So thank you very much for doing it, yes. 1
FINANCE COMMITTEE CHAIR LONG: Since when don’t you 2
want to add something? 3
MR. CORNEJO: Can you believe it? I’m speechless. 4
FINANCE COMMITTEE CHAIR LONG: Thank you very much, 5
Madam Chair. 6
COMMISSION CHAIR DUDLEY: Thank you, Commissioner 7
Long. 8
Is there a motion to approve the report? 9
COMMISSIONER LEICHLITER: Motion. Leichliter. 10
COMMISSIONER MOORE: Second. Moore. 11
COMMISSION CHAIR DUDLEY: Any discussion? 12
(No response) 13
COMMISSION CHAIR DUDLEY: All in favor? 14
(A chorus of “ayes” was heard.) 15
COMMISSION CHAIR DUDLEY: All opposed? 16
(No response) 17
COMMISSION CHAIR DUDLEY: The motion passes. 18
Okay, Item E is a Report on Regular Proposed Changes 19
to the Training and Testing Specifications for Peace 20
Officers Basic Course. 21
At this time, I’d like to call upon POST Law 22
Enforcement Consultant Jim Katapodis to provide an update 23
on what has been done with the use-of-force language in 24
Learning Domain 20. 25
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At the last meeting, we asked POST staff to revisit 1
the proposed language. 2
Mr. Katapodis, please proceed. 3
MR. KATAPODIS: Thank you. 4
So at the last Commission meeting, there was a 5
question of the words “should” and “must.” 6
So Basic Training Bureau put together some language 7
in the training and testing specs for Use of Force, 8
Learning Domain 20. You had a discussion about that; and 9
it’s about the reports, and how officers write the 10
reports for use of force. 11
And the language we came up with was “Peace officers 12
use-of-force reports must include the facts and 13
circumstances the officer recalls that influenced their 14
decision to use force and the option chosen.” 15
And this information was sent out to our experts, 16
it was sent out to attorneys, we sent it out to members 17
of the ACLU, also the Public Defender in their Fresno 18
office. And they all believed that this language was 19
appropriate to add into Learning Domain 20; and this was 20
the only issue from the last Commission meeting. 21
COMMISSION CHAIR DUDLEY: Any questions about that? 22
(No response) 23
COMMISSION CHAIR DUDLEY: I did a little bit of 24
research on my own to make sure that “must” and “shall,” 25
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either one of those words could be used; and I determined 1
that they could, just based on my own research. Because 2
when I first heard the word “must,” I’m not used to, as 3
an attorney, hearing “must.” It’s “shall” or “should.” 4
But “must” will work. 5
Any other questions? 6
MR. KATAPODIS: And “must” is consistent in Learning 7
Domain 20, et al. There’s a lot of “musts” in there, and 8
there is no “shall.” 9
COMMISSION CHAIR DUDLEY: Okay. Well, it must be 10
the law versus the regulation. 11
MR. KATAPODIS: It must be a good idea. 12
COMMISSION CHAIR DUDLEY: It must be that. 13
So anything else? 14
Yes, Commissioner Moore? 15
COMMISSIONER MOORE: I was just wondering, as part 16
of the subject-matter experts involved in this, will 17
we be able to use outside, as an example ACLU, to -- 18
COMMISSION CHAIR DUDLEY: Yes, there were 19
subject-matter experts. 20
MR. KATAPODIS: Yes. ACLU and Public Defender from 21
Fresno. 22
COMMISSIONER MOORE: Fresno? 23
COMMISSION CHAIR DUDLEY: I think there was a 24
retired Public Defender, wasn’t it? 25
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MR. KATAPODIS: Yes. 1
COMMISSION CHAIR DUDLEY: Yes, Commissioner Long? 2
COMMISSIONER LONG: And I would be remiss, without 3
thanking Scott and his folks working with me and us on 4
this thing over the last few months. I’m very satisfied 5
with the outcome. 6
It seems from what I understand from Scott and 7
his staff, that the subject-matter experts all are -- 8
not just the ACLU and the Public Defender but the 9
law-enforcement folks. And I really appreciate the 10
reach-out to kind of broaden -- it seems to me it’s 11
important to broaden that base of subject-matter experts 12
a little bit and get the defense bar and others involved. 13
And this is an interesting one because the defense bar 14
in this case would actually help out the prosecution. 15
COMMISSION CHAIR DUDLEY: Commissioner Long, I 16
appreciate you bringing it to the Committee’s attention; 17
and also apparently the subject-matter experts also 18
appreciated it. 19
MR. KATAPODIS: They did. 20
COMMISSIONER LONG: Well, thanks, Scott. 21
COMMISSION CHAIR DUDLEY: Anything else? 22
(No response) 23
COMMISSION CHAIR DUDLEY: Okay, thank you. 24
Did the Advisory Committee have a discussion on this 25
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item? 1
ADVISORY COMMITTEE CHAIR BLANCO: We did. 2
COMMISSION CHAIR DUDLEY: And? 3
ADVISORY COMMITTEE CHAIR BLANCO: And we agree with 4
the recommendations proposed. 5
COMMISSION CHAIR DUDLEY: Excellent. 6
Is there a motion to approve? 7
COMMISSIONER BUI: Motion. Bui. 8
COMMISSIONER LONG: Second. Long. 9
COMMISSION CHAIR DUDLEY: And is there any further 10
discussion on that? 11
(No response) 12
COMMISSION CHAIR DUDLEY: Any opposed? 13
(No response) 14
COMMISSION CHAIR DUDLEY: The motion passes. 15
Item F is a Report on the Request to Conduct a Pilot 16
of the Revisions of the Course Certification Process. 17
At this time, I’d like to call on POST Law 18
Enforcement Consultant Janna Munk and Assistant Executive 19
Director Maria Sandoval to provide us this -- I guess it 20
would be the status of the Course Certification Project. 21
MS. MUNK: Good morning. Thank you for having us 22
here. 23
So I have some exciting news for you about the 24
Course Certification Review Project and a pilot proposal. 25
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Today, I’m going to share with you our process that 1
we went through in the workshop to come up with our 2
ideas. 3
Assistant Executive Director Maria Sandoval is 4
going to talk to you about the things that we’re doing 5
currently to make change. And then last of all, I’m 6
going to share with you the new products we have and the 7
actual pilot. 8
Now, just to refresh your memory, the last time we 9
were here, in February, I shared with you the survey to 10
the field that we did. And we had over 400 results. 11
The top five considerations for us were: 12
Number 1, instructor resumé technology. 13
Number 2 and 4 were timeliness in terms of course 14
certification and course modification. 15
Number 3 was recourse -- no, number 3 was 16
consistency among consultants. 17
And 5 percent was recourse. 18
So we concentrate on those top five things. 19
Now, since we’ve had that update, I’ve had monthly 20
workshops with the field. We’ve had people representing 21
large agencies, small agencies, regional training 22
centers, academies, and some of the associations. I also 23
had regional consultants from the Training Delivery and 24
Compliance Bureau participate. And we had meetings in 25
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between the workshops within POST; and participants were 1
almost from every bureau within POST. 2
Now, one of the things that we wanted to do was make 3
sure that we didn’t do quick fixes with this workshop. 4
We wanted to dig deep. And when you dig deep, you get 5
some conflict. We really had some heated discussions 6
over things. But that’s important, or else you don’t get 7
lasting change. 8
What we did with the workshops was, first of all, 9
work through the survey results in detail; and then we 10
invited retired Assistant Executive Director Mike 11
DiMiceli to come in and talk about the history of course 12
certification. And one of the things we learned that 13
was interesting is that course certification was 14
originally created as a mechanism to provide funds to 15
the field from POST for needed training. 16
That’s a pretty simple process. And, over time, we 17
started hanging all these other things on a very simple 18
process: Budget, regulations, instructor resumés -- 19
many requirements, without a lot of thought about: Is 20
this process prepared to handle all of these things, and 21
are we building infrastructure within POST to support 22
these things? 23
We covered best practices. We looked at some of 24
the POSTs in the western states. And shocking, in Utah, 25
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they’re required to do 40 hours of CPT a year. Their 1
chiefs and sheriffs are required to certify every single 2
one of those hours. And if an officer misses it, they 3
get dinged for a year of their retirement and have to 4
make it up. We didn’t want that. 5
We also looked IADLEST in terms of the national 6
certification process. And the feeling was, on that, 7
that it was cost-prohibitive. The requirements were very 8
stringent; and our constituents really believe that we 9
have the gold standard of training, and they did not want 10
to adopt a national model where the training wasn’t 11
specific to their communities. 12
What we finally looked at and kind of drilled down 13
to was the nexus of where some of our conflict was, our 14
organizational priorities versus our stakeholder needs. 15
Organizationally, our POST mission statement says that, 16
“POST will strive to ensure that all California 17
law-enforcement agencies have access to high-quality, 18
cost-effective training for the development of the 19
skills, knowledge, ethics, and attitudes necessary for 20
achieving and maintaining professional excellence, 21
high-quality and cost-effective training.” And we 22
believe at POST, that we maintain that through the 23
course-certification process by collecting expanded 24
course outlines, so that there’s a level of detail, an 25
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hourly description, and budgets. 1
It’s hard to believe that you’re actually capturing 2
quality training on a piece of paper. You have to sit in 3
a course to know whether or not it’s quality training. 4
So is what we’re collecting working for us, and is what 5
we’re collecting creating our conflict with the field in 6
terms of timeliness and consistency? 7
We had a lot of arguments. We had to adopt a 8
mascot, Hank, the horse, also known as “Hannibal” because 9
he wears a mask to keep him from biting other horses. 10
And there were a few of us who actually had to sit with 11
the mask to remind them not to bite anybody. It was 12
stinky. 13
Those kind of things are important, though, because 14
without dialogue, you don’t develop community or empathy 15
or understanding; and without dialogue, you don’t develop 16
common vision. 17
On the last day of the workshops, I gave everybody a 18
chance to talk about their process. And we got a lot of 19
very positive comments. Like, “I wish everybody could do 20
this.” “I finally understand why POST requires some of 21
the things that it does.” And one of the most telling 22
comments was one of the individuals said, “You know, I 23
felt like when we started, we were all these different 24
cars. We were little cars and we were buses and we were 25
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18-wheelers; and we were all going at different speeds in 1
different directions; and it was chaos. And now I 2
finally feel like we’ve all merged on the freeway, we’re 3
heading in the right direction, together, the same speed, 4
and we know what we want to do.” And she is exactly 5
right, we’ve finally developed a common vision for what 6
we want from course certification, and we were able to 7
come up with some ideas. 8
Maria? 9
MS. SANDOVAL: One thing that I have to say before 10
I start, is that Janna -- this undertaking for Janna was 11
huge. And she went through a lot with us. It was like 12
herding cats. She had to deal with people who had their 13
own agendas and brought us all back on the same -- on the 14
same line every single time that we met. And I’m sure 15
that after every week, she was exhausted going home with 16
what she had to put together and deal with all of us. 17
But she is focused, she got us to this point; and I think 18
that what she has put together with everybody’s processes 19
in mind has culminated in this. 20
So some of the immediate changes that we did was, 21
as soon as Scott and I were promoted, I went to him 22
knowing that the Training Delivery and Compliance Bureau 23
was going to get an eleventh body. And so I went to 24
Scott; and I said, “Give me that person over in Basic 25
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Training, and we will take the courses from you, from 1
Training Delivery and take them over to Basic Training, 2
develop that person. And like Manny said earlier, that 3
person is in backgrounds, get them up and running so that 4
everything that has to do with basic training belongs in 5
Basic Training. 6
So that was one of the immediate things that we were 7
able to do. Training Delivery is going to be relieved of 8
that huge task. 9
The other thing that I’m sure Commissioner Braziel 10
is going to be ecstatic about is, instructor resumés. 11
How many times have you had to fill out your own 12
resumé? 13
COMMISSION VICE CHAIR BRAZIEL: Not quite as many as 14
Elmo Banning, but close. Many times. 15
MS. SANDOVAL: So what we’re doing is -- and this is 16
already in the works -- is hopefully by the fall, we’re 17
rolling out -- it’s almost like a depository for your 18
resumé. So once the resumé is in the system, if you’re 19
going to “New Presenter,” they can just download your 20
resumé instead of having you recreate it and rebuild it 21
time after time and time again. 22
We’re also looking at if you have another course to 23
add to your resumé, it’s automatically uploaded into that 24
database, so you don’t have to go back in there and 25
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manipulate it. 1
And then also the training. We’re trying to train 2
all California -- or all of the consultants in Training 3
Delivery to be on the same page. What we’re looking for, 4
putting together some -- the training manuals so that 5
we all know what we’re doing; and it’s going to be 6
consistent statewide. 7
MS. MUNK: And we have Toby Darden coming next week 8
to give us some training on liability and our safety 9
guidelines. 10
So thank you, Toby. 11
MR. DARDEN: You’re welcome. 12
MS. MUNK: Thank you, Maria. 13
MS. SANDOVAL: Certainly, Janna. 14
MS. MUNK: Okay, here’s the exciting part. 15
What are our new products? What do we have going? 16
We would like to pilot, from July to December of 2017, 17
new budget guidelines. And instead of one certification 18
type, we’d like to break it down into two. 19
The current budget guidelines are the $100 trigger. 20
If an agency or presenter wants to charge more than $100 21
in tuition, they have to do a budget. The regional 22
consultant is responsible for reviewing and approving it. 23
Now, the $100 is regardless of whether it’s a day 24
course or it’s a 40-hour course or a two-week course; 25
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and we collect it whether or not we have any skin in the 1
game, so to speak. 2
POST may not have any financial consideration in it; 3
but regardless, we still want them to submit a budget. 4
We don’t audit it, we don’t do any checks; we just ask 5
them to submit a budget. 6
What we’re proposing is that, as we move forward, we 7
have our budget requirements based on when we have most 8
control. When is POST contributing in some way 9
financially? 10
Plan n/a’s, we don’t contribute at all. So why are 11
we requiring a budget from people? 12
Plan IVs, we will requirement a budget when the 13
tuition exceeds $125 a day. Not $125 a course. $125 a 14
day. 15
How do we come to this amount? Well, basically 16
under discussion, it seemed unfair to have a straight 17
number, because courses vary so widely, from four hours 18
to 80 hours. And so we decided, all right, we’ll do 19
daily. And then I took a look at what we’re already 20
approving for Plan III’s and V’s, and ran costs across -- 21
like what they cost per day, and found that about 22
65 percent of them were captured at $125 per day. If we 23
apply that to our Plan IV’s, then potentially we could 24
eliminate doing 65 percent of the budgets we might have 25
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been capturing previously. 1
It’s a more contemporary cost. The private sector 2
still makes in excess of that; but we feel it’s a fairer 3
amount. 4
Now, in terms of a regional consultant reviewing and 5
approving, they haven’t had a lot of training to review 6
and approve their budgets. And so we’re talking about 7
following a model that we do in Training Program 8
Services. We have an administrative staff person, Brenda 9
Lusk; and she does all of our contracts for us. She’s 10
trained to do the contracts. She has rubrics on 11
instructor payments. She knows what DGS will accept and 12
not accept. And so we have a great deal of consistency 13
and experience behind the contracts that are produced out 14
of TPS. 15
So the proposal is to train one or two people from 16
Training Delivery and Compliance to review and approve 17
the budgets instead of the regional consultants. 18
Course certification splits into two levels: 19
Certification I would lend itself towards ease and 20
speed of certification. 21
Course Certification II would lend itself to a 22
potentially higher level of training. 23
Certification I would require an expanded course 24
outline to the second level. No hourly distribution, and 25
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allows for courses potentially not previously certified. 1
Courses that may qualify for a certification I would be 2
conferences. Instead of handling every presentation in 3
a conference as a course, we handle the conference as if 4
it is a course, and each presentation there would be part 5
of that course. 6
“One and done” which we’ve refused in the past, and 7
agency-specific courses. Minimum requirements would be a 8
training-needs assessment, a narrative course and scope, 9
expanded course outline to a minimum of a second level. 10
The agency may produce more if they like. Instructor 11
resumés and a budget if Plan IV, and exceeds $125 a day. 12
So this is something that we’re hoping would really 13
make our stakeholders a lot more satisfied with what -- 14
and meet their needs, be a little bit more flexible than 15
what we’ve been in the past. 16
Now, Certification II is where we’re going to try to 17
urge people to a higher level of training. All courses 18
qualify for a Certification II, and a Cert I course may 19
become a Certification II course if the agency presenter 20
decides they want to do that. The courses that are 21
required to be a Certification II are Plan III’s and V’s, 22
perishable skills, legislative mandates, and POST 23
templates. 24
Minimum requirements would be a training-needs 25
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assessment, a narrative description of the course and 1
scope, minimum topics, which is especially important when 2
we’re dealing with legislative mandates. It ensures that 3
we’re meeting all the criteria of the legislative 4
mandate; learning objectives; and at least for a while, 5
we would accept expanded course outlines to the third 6
level. The reason being, this will be one of our biggest 7
challenges. We need time to train the field, we need 8
time to train our regional consultants, and we need time 9
to develop a support process to enable people to do good 10
learning objectives. 11
Learning activities, assessment tool activity, 12
instructor resumés, budget as required per the new 13
guidelines, and hourly distribution only when minimum 14
hours are mandated. 15
Are you in shock? 16
It’s so quiet. 17
We’re proposing to pilot this from July 2017 to 18
December of 2017. We want to pilot both Certification I 19
and II and the budget guidelines. 20
As a request for a certification would come in, we 21
would ask an agency, “Would you like to participate in 22
our pilot?” It would be voluntary on their part, and all 23
we would ask is that they will fill out a feedback survey 24
that would allow them to rate the process. 25
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We can produce an assessment of this pilot by using 1
the feedback surveys, collecting metrics. We have the 2
ability to measure the times and how long it takes, how 3
many courses we actually produce and how long it takes. 4
And we can review all of the new courses for content: 5
Are we achieving what we want to with these new courses? 6
In the meantime, what we’d like to do is track our 7
regulation changes that would be required for what 8
we feel would be positive changes. That way, at the 9
February Commission meeting of 2018, we can come in and 10
update you on how the pilot went and make the regulation 11
change proposal simultaneously. 12
If the Commission agrees with us, they can approve 13
the regulation changes; and if we’re lucky, we will get 14
them through and completed by June of 2018. So we’ve 15
established a time-line. 16
Now, we’re requesting a pilot because we know that 17
we’re going to hit bumps in the road. All we can do is 18
make an informed proposal on what we’d like to change, 19
and then experiment with it with the field, and base it 20
on true metrics and feedback as to whether or not we have 21
a success. 22
Do you have any questions? 23
COMMISSION CHAIR DUDLEY: Yes, Commissioner Braziel? 24
MS. MUNK: Please. 25
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COMMISSION VICE CHAIR BRAZIEL: Commissioner 1
Braziel. A couple things, if I may. 2
First, I’d like to recommend maybe you push the 3
pilot to June of ‘18, given that if we stop the pilot in 4
December, we come back and talk about it in February, and 5
then we get lost with the people who liked it but then we 6
didn’t get feedback, if that makes sense. 7
MS. MUNK: Okay. 8
COMMISSION VICE CHAIR BRAZIEL: Because if you start 9
something, and people really like it, and then we take it 10
away from them because there hasn’t been any formal 11
decision yet, and then our pilot… 12
Does that make sense? 13
MS. MUNK: Absolutely. So continue the pilot even 14
as we do the update and make the regulation changes -- 15
COMMISSION VICE CHAIR BRAZIEL: Correct, until we 16
can make the regulation changes -- 17
MS. MUNK: -- so we don’t take it away from them. 18
COMMISSION VICE CHAIR BRAZIEL: -- consider it a 19
pilot until we make it official. 20
MS. MUNK: That’s a great suggestion. 21
COMMISSION VICE CHAIR BRAZIEL: Otherwise, we stop 22
if it makes -- then we weren’t teasing a good thing, and 23
then taking it away from them. 24
MS. MUNK: Yes. Yes, absolutely a great suggestion. 25
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Thank you. 1
COMMISSION VICE CHAIR BRAZIEL: And then a couple 2
things came up yesterday in the Advisory Committee 3
meeting, I think that need to continue to be addressed 4
with this, as we start to look at our stakeholders, our 5
customers. One of them is -- and you may know the answer 6
now or you may not -- is we talked about when an agency 7
wants either to have a new course or their course is 8
deemed to no longer be in compliance, we tell them they 9
have to redo it -- we’re decertifying, redo it. And then 10
when the agency asks, “Hey, is there an agency out there? 11
I can take their course and put it here,” they’re told 12
no, because we treat it like intellectual property. But 13
when, in fact, when it’s public records. 14
My first question is, do we know why we do it that 15
way? 16
MS. MUNK: Well, let me -- that’s almost a hundred 17
percent right. There’s a little caveat there. 18
If we were asked for exemplars of other agencies’ 19
courses, we don’t normally just hand them over. We 20
either have permission from the agency to give them or 21
have the agency requesting it ask for permission. 22
If they want to use it, we will absolutely certify 23
it. We don’t reuse them if they have permission to use 24
it. We’ll certify it. We don’t refuse that. 25
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MS. SANDOVAL: But you’re asking not to reinvent the 1
wheel? 2
COMMISSION VICE CHAIR BRAZIEL: Correct. Because if 3
Agency A says, “Hey, can I look at someone else’s model?” 4
then we have to wait to talk to Agency B, and they say 5
no, then the final is sort of a PRA to get a copy of it 6
and then get it. 7
It doesn’t make sense to me that we, as the holder 8
of the certs -- we’ve approved the cert, we own it, it’s 9
ours, it’s POST’s. It no longer belongs to that agency 10
because we’ve approved it, from our perspective. 11
My thought is, don’t reinvent the wheel if it’s 12
working. Give it another agency. Let them change it if 13
they want to or need to. But just facilitate the 14
process; not just for speed, but for efficiency. 15
MS. MUNK: Absolutely. 16
COMMISSION VICE CHAIR BRAZIEL: And then we would 17
also know in POST, your staffs would know, that agency 18
there is really rocking it, they’ve really got a great 19
curriculum. That’s the one we really want to push out, 20
if somebody asks. 21
Just to help facilitate the process that we’re being 22
more consistent in that way. 23
MS. SANDOVAL: Once step further, though, I would 24
have to ask the question of, if I’m a private presenter 25
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and I have my own course certified by POST; and somebody 1
else, in another part of the state, wants to use that 2
intellectual property, is it the same premise? I mean, 3
are we going to have to share that information? 4
And I’m not quite sure that private presenters are 5
going to want to do that; and I’m not quite sure where 6
we would stand on that as far as being able to give out 7
that information. 8
COMMISSION VICE CHAIR BRAZIEL: Yes. And we’d have 9
to turn to Toby and say that we own it. And if I’m a 10
private citizen, I want a copy of -- say, I would like 11
to see your training curriculum for that class, am I 12
entitled to it? 13
MS. SANDOVAL: Right. 14
COMMISSION VICE CHAIR BRAZIEL: To me, that’s the 15
answer. If you have to give it to the public, we should 16
give it to another agency. 17
MS. MUNK: What I would like to share with you is, 18
we did have that discussion during the workshops. And 19
it would be nice for us to have a library of courses that 20
had been certified, so people could kind of grab and go 21
what they wanted, as well as more POST templates. 22
Because they love the POST templates. They download them 23
and certify them all the time. 24
The one thing that did come up -- and everyone said, 25
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“Hey, we already share our certifications amongst 1
ourselves. We don’t have an issue with sharing them. 2
We don’t want to share them with private presenters, 3
though, because we don’t want them to make money off of 4
our courses.” 5
So I think, more importantly, out of respect for 6
private presenters, I understand their standing; but I 7
understand us not wanting to roll something over and have 8
them make funds off of it. 9
So I think that’s a great point. I think it’s not 10
a closed book on that. We’re still exploring it. And 11
I think we have to ask ourselves some hard questions and 12
maybe make some hard decisions in terms of, hey, once 13
it’s ours, it’s ours; and we’re going to share it. 14
COMMISSION CHAIR DUDLEY: Let me ask Toby a 15
question. 16
If someone were to do a public records request for 17
any of these courses, would they get them? 18
MR. DARDEN: Well, now, I haven’t been asked to look 19
at this yet. So it would be difficult for me to give you 20
the best advice at the moment. 21
What you were talking about, though, Commissioner 22
Braziel, did cause me some concern. And what I’d like 23
to do is to talk to you and to staff off the record, and 24
then I can research the issue a little bit more closely 25
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and come to a better reasoned conclusion. 1
One of my concerns is that there are -- there have 2
been some litigation matters that have to do with the 3
question of whether, you know, these courses belong to 4
the presenters, whether they belong to POST, what the 5
ability of the presenters or the instructors to take 6
these for their own use, and take them to other states or 7
to use them for their own personal profit. 8
And so I don’t feel comfortable giving you legal 9
advice on it yet; but it’s something that I think is 10
important, and that I do want to talk to you more and do 11
some research, and then I can come back to you with an 12
opinion. 13
COMMISSION VICE CHAIR BRAZIEL: Perfect. 14
And I totally assume that would happen, that we’d 15
have to look at it and analyze it and see. Because it 16
goes back to DiMiceli and why did we do it -- how did we 17
get to where we are. It helps us decide where we’re 18
going in the future. 19
The second point I’d like to make -- or just a 20
request for information, or when you have a conversation 21
about it is, one of the things when you look at what’s 22
our mission is high-quality, cost-effective training. 23
And I think sometimes we value -- we make the 24
determination versus the consumer making the 25
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determination on that. And it came up yesterday as -- 1
and I didn’t realize this until yesterday -- at the 2
Advisory board meeting, that when you get a certification 3
in one part of the state, you can’t go do that in another 4
part of -- the same class in another part of the state. 5
Was that an accurate understanding? So if I’ve been 6
certified to teach class in Northern California, and now 7
I get a request from someone in Southern California to 8
teach that same class, I then have to get it recerted in 9
Southern California, or get permission to give it in 10
Southern California? 11
I was confused on all of that. 12
MS. MUNK: The way it works -- yes. The way it 13
works now, is we certify it to, with a location attached 14
to it. So -- and normally, so you have to have a 15
certified presenter come in and say, “Hey, I want to 16
certify this course.” So what has happened is, you might 17
have a private presenter who can become a certified 18
private presenter. But when they certify their courses, 19
they have to identify a location. Because we want to 20
control where they’re doing the courses. So we don’t 21
shut down courses that may be in existence in an area 22
that officers need to do their duties, which we’ve had 23
that happen in one circumstance in our history. 24
So we ask them, “Hey, if you’re going to teach 25
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somewhere else, you have to throw your course into 1
modification, if you’re somebody who is mobile like a 2
private presenter, and give us a location where we’re 3
going to go.” And then the regional consultant who has 4
that location, will make the approval on that. 5
Now, in terms of, if it’s an agency -- so a private 6
presenter may go to an agency or an instructor may go to 7
an agency and certify it with that agency, we’ll certify 8
to that agency. So it’s not certified to move around the 9
state. They may ask the agency -- another agency may 10
request them to present it in Southern California. So 11
then we would certify it to that second agency in 12
Southern California, because it’s not certified to the 13
presenter. So it’s like this game -- the instructors 14
are kind of moving around from agency to agency, as 15
opposed to carrying their own certification as a private 16
presenter. 17
Does that help? Does that clarify the question? 18
COMMISSION CHAIR DUDLEY: I think -- we understand 19
that. The question is, why? 20
MS. MUNK: So the original -- my understanding is, 21
the original intention was that there are certainly areas 22
that there is not a lot of training available, and 23
there’s specific training available. And what’s most 24
important for POST, is that we ensure officers have 25
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training available that allows them to do their job. 1
Now, we could potentially open up, say, four 2
Starbucks at an intersection -- if you want to liken it 3
to a commercial business -- and it dilutes the business 4
down so far, that you put maybe some of the original 5
coffee shops or Starbucks out of business. 6
We have had that happen one time, that I’m aware of, 7
where they shut down -- they opened up too many 832 PC 8
courses in an area and it shut down the presenters that 9
were already there, and we had to bring them back up 10
again. So that has been my understanding of why. 11
And maybe Maria can elaborate on that because she 12
has more history with it than I do. 13
COMMISSION CHAIR DUDLEY: Maybe I’m misunderstanding 14
it. Let me ask, so Commissioner Braziel teaches a class 15
in Northern California -- teaches the exact same class, 16
with the exact same faculty in Southern California. So 17
explain to us why we have to have it recertified. 18
MS. SANDOVAL: You don’t have to have it 19
recertified; just has to have permission to travel to 20
locations. Because a lot of our presenters are regional 21
training centers; and therefore, we have built them out 22
to maintain training for a certain region. 23
If you start sending people in there, then it starts 24
diluting, like Janna was saying, their pool of people; 25
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and then these individuals, “Well, okay, why are you 1
allowing this person to come in? You want us to have 2
this training.” 3
So it depends on what the training is and where 4
they’re going. 5
And what would happen to me is, if one of my private 6
presenters wanted to travel down south, I would get ahold 7
of the consultant down in the south area and say, “Can 8
this person come?” to make sure there’s not another 9
presenter down there that they would be stepping on their 10
toes. And they would get a hold of basically the person 11
who was requesting the training and find out what their 12
need was. Because we want to make sure there’s a need. 13
And then they would let me know; then we would go ahead 14
and approve it. 15
So if it’s just a location change, it’s very 16
low key, it’s not a big deal. But it’s saturation of 17
areas. And we want to make sure that if I have a course 18
down in Southern California that I’m working on and 19
somebody from Northern California comes down there, 20
that’s really not, quote, unquote, fair. It can be 21
changed as far as us revisiting that. 22
I think that Elmo brought that up yesterday in the 23
Advisory Committee, is that if I have a better course 24
and I’m taking it down south where there’s not such a 25
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good course, well, I kind of need to know that as a POST 1
person, because I don’t want really bad training being 2
put out there. 3
So I don’t know. It’s different for private 4
presenters because most agency-based training doesn’t 5
migrate north or south, it stays where it is. 6
And I think that it would be hard pressed to find 7
any private presenter nowadays who could actually -- we 8
have so many good California cops, so they could probably 9
provide their own training even better than a private 10
presenter because they’ve been out of the game for a 11
while. But then again, there could be very specific 12
training. 13
So we need to kind of keep track on where these 14
people are going so they don’t step into somebody else’s 15
territory. And that’s been the history of it. 16
COMMISSION CHAIR DUDLEY: Commissioner Braziel? 17
COMMISSION VICE CHAIR BRAZIEL: Yes, it goes back to 18
facilitators versus regulators. And, you know, if you 19
put four Starbucks on a corner and one goes out of 20
business, then the supply wasn’t there -- the demand 21
wasn’t there. Supply exceeded demand. 22
And I think right now, all we’re hearing is our 23
supply is not meeting our demand. And so if someone 24
wants to take a course from one area and move it into 25
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another, if people show up, that means there’s a demand. 1
If people don’t show up, there’s no demand and they’re 2
out. 3
So I think maybe we need to rethink our model of -- 4
because one of the things we’ve been talking about now 5
for several commission meetings is, how do we push more 6
training out to more locations, versus having people 7
travel to a single location. 8
COMMISSION CHAIR DUDLEY: Absolutely. 9
COMMISSION VICE CHAIR BRAZIEL: So how to push that 10
out. So I think we need to look at that from that 11
perspective. 12
Because it’s all one big system. And you guys 13
have done a phenomenal job with this, by the way. But 14
it likens back to every time I go do -- I’ll use 15
San Bernardino as an example, because it’s a great 16
example of just great response to a terrorist event; but 17
every time I have to go do it, I’ve got to -- a different 18
group brings me in, I’ve got a new resumé -- thank you 19
very much -- because I have to fill out a new resumé -- 20
the same, exact course outlined. I just take “CSSA” off 21
and put “CPOA,” or whatever agency who wants to do it, 22
versus it’s certified. Whoever wants me to come in 23
shouldn’t have to recertify it or get permission, it’s 24
already out there; and they’re requesting it come down. 25
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So I think we need to change our business model that 1
if we can put four Starbucks on a corner, we put four 2
Starbucks on a corner, instead of saying, “Oh, we might 3
put one of them out of business.” I think we need to 4
change that mindset and put more stuff out in the field. 5
And I think that improves our agility as well to get 6
contemporaneous -- or contemporary topics out there 7
faster, one, the course-certification process changes 8
that puts it out there faster. But, two, also being able 9
to flood a market in a need, we need to flood a market 10
with different trainings to accomplish what we need to 11
accomplish very quickly. 12
Kind of, like, it goes back to the Procedural 13
Justice. You know, if we push it out to a thousand 14
different venues, in a thousand different ways of 15
training and all met our needs, we might be able to train 16
a lot more people faster. 17
So I think just looking at our model as we go along 18
with this, these are great steps, by the way. I mean, 19
this is phenomenal that we’re doing this. But I think 20
we also can look at a bigger picture, as well as there 21
are other things out there that are kind of slowing us 22
down. 23
And it goes back to that mission, quality training. 24
MS. SANDOVAL: Sure. And I think that we would 25
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need to bring in other stakeholders, like the regional 1
training centers, to find out if that would negatively 2
impact them as an entity. 3
So I think there’s a lot more that we would need to 4
look into at this point. 5
COMMISSIONER DOYLE: Ms. Chair? 6
COMMISSION CHAIR DUDLEY: Yes, Commissioner Doyle? 7
COMMISSIONER DOYLE: Doyle. I don’t know how often 8
that would happen. But if the customer is me, so what’s 9
the problem with me knowing about the provider that’s in 10
Southern California that I want to bring to my agency? 11
And so it would seem to me that we should be encouraging 12
that to satisfy the customer. And again, I don’t know 13
how often this oversaturation occurs; but I agree that 14
we need to look at that. 15
MS. MUNK: I believe that in terms of our POST 16
culture, it’s just a very far step away from what we 17
have been trying to preserve in the past, in looking at 18
basically a free-market economy; right? So let the best 19
product win. You know, let the competitive business 20
drive up the quality of the training that’s available. 21
Let the market set its own rates. You know, take some 22
of the stranglehold we have off of the dollar bills 23
that we’re setting out there and thinking that it’s 24
cost-effective. And it’s just a really big step for 25
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our culture to take. And we’re starting with these -- 1
just the changes in budgets, with looking at different 2
metrics and models, with looking at different staffing 3
levels, we are starting down that road, but it’s going to 4
be -- organizational change is challenging, and it’s 5
going to take us some time. And your comments are very 6
well taken. 7
It’s not a -- it’s definitely not a closed 8
discussion. 9
COMMISSIONER DOYLE: No. And I think that’s 10
responsible, because there may be things that need to 11
be changed and other things that on closer examination 12
are relevant and need to stay the same. 13
MS. MUNK: Absolutely. I agree. 14
COMMISSION CHAIR DUDLEY: And I hear your concern, 15
because if Commissioner Braziel is putting on a class, 16
they’ll say, “Gee, we’d really like Commissioner 17
Braziel,” and then all of a sudden the person who was 18
teaching in some area isn’t teaching the class or he 19
isn’t being used, and the RTC there really needs to make 20
sure their class is getting out or does still exist. 21
So yours concern is putting the businesses out. And 22
we want to be sure that the best class is there and 23
that’s your concern as well. So it’s a balance; and we 24
get it. 25
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MS. MUNK: Thank you. 1
COMMISSION CHAIR DUDLEY: Commissioner Braziel, 2
anything else on that? 3
COMMISSION VICE CHAIR BRAZIEL: Nope. 4
That was a filibuster. I’m good. 5
COMMISSION CHAIR DUDLEY: Anything else on that 6
issue? 7
(No response) 8
COMMISSION CHAIR DUDLEY: And did you want to add 9
anything else? 10
(No response) 11
MS. SANDOVAL: Thank you for your time. 12
COMMISSIONER DOYLE: Thank you. 13
COMMISSION CHAIR DUDLEY: Thank you. 14
Did the Advisory Committee have a discussion on this 15
item? 16
ADVISORY COMMITTEE CHAIR BLANCO: We actually did. 17
We had some very lively dialogue on this item, as it’s 18
been brought up; and we brought up quite a few things 19
about Member Banning and his desires to move classes 20
around, as it’s been discussed today. 21
In concept, the Advisory Committee was very 22
supportive of the change and moving forward in this 23
direction; but just as it’s been brought up in this 24
meeting, there’s obviously other areas that we need to 25
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look at. But overall, we felt that this was a great 1
stride in making all those other things happen down the 2
line. And we’re very supportive of it. 3
COMMISSION CHAIR DUDLEY: Thank you. 4
Any further discussion on this issue? 5
(No response) 6
COMMISSION CHAIR DUDLEY: Okay, I’ll take a motion. 7
All in favor? 8
(A chorus of “ayes” was heard.) 9
MR. DARDEN: We should have a motion on the table 10
first to approve. 11
COMMISSION CHAIR DUDLEY: Oh, that’s true. 12
COMMISSION VICE CHAIR BRAZIEL: I’ll move the item. 13
COMMISSIONER DOYLE: Doyle. Second. 14
COMMISSION CHAIR DUDLEY: Thank you. 15
MR. DARDEN: And, Commissioner Braziel, did you also 16
have a proposed modification to the pilot dates? 17
COMMISSION VICE CHAIR BRAZIEL: Yes. 18
MR. DARDEN: Did you want to include that as part of 19
the motion? 20
COMMISSION VICE CHAIR BRAZIEL: I’m sorry, I should 21
have put that in the motion. I propose we move the pilot 22
date out to -- it would be June of ’18, end of June of 23
‘18. 24
MR. DARDEN: Okay, and that motion has been moved 25
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and seconded? 1
COMMISSIONER DOYLE: Yes, it has. 2
MR. DARDEN: By Doyle. 3
COMMISSION CHAIR DUDLEY: Thank you. 4
We’ve discussed it, moved. 5
Okay, and the motion passes -- both motions pass. 6
MR. DARDEN: All in favor? 7
COMMISSION CHAIR DUDLEY: All in favor? 8
(A chorus of “ayes” was heard.) 9
COMMISSION CHAIR DUDLEY: Any opposed? 10
(No response) 11
COMMISSION CHAIR DUDLEY: Okay, that motion passes. 12
It’s now five to 12:00. So we’ll take a five-minute 13
break and coming back at 12:00; and the aim is still to 14
get out at 1:30. 15
(Recess from 11:55 a.m. to 12:01 p.m.) 16
COMMISSION CHAIR DUDLEY: We need to go back for a 17
moment because someone forgot to ask for a vote on E. 18
I’m sure that was me. 19
So we need to take up issue Number E, which was 20
the -- 21
COMMISSIONER DOYLE: So moved. Doyle. 22
COMMISSION CHAIR DUDLEY: Thank you. 23
COMMISSIONER LEICHLITER: Second. Leichliter. 24
MS. PAOLI: We already had a motion and a second. 25
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COMMISSION CHAIR DUDLEY: But what we didn’t have 1
was the question. 2
All in favor? 3
(A chorus of “ayes” was heard.) 4
COMMISSION CHAIR DUDLEY: Thank you. 5
And apparently we did have the “All opposed.” 6
MR. DARDEN: You did have “All opposed.” 7
COMMISSION CHAIR DUDLEY: So we’re all set. 8
MR. DARDEN: You’re all set. 9
COMMISSION CHAIR DUDLEY: Wonderful. 10
Okay, next, we will hear an appeal regarding POST 11
Regulations 1008 and 1011. 12
POST Counsel, Mr. William Darden, will now provide 13
direction on how the appeal will be heard. 14
MR. DARDEN: All right, so we’ve all become familiar 15
with the hearing process, as I know counsel has done one 16
of these before, so I don’t have to recite the Commission 17
appeal procedure. 18
We do have at least one new commissioner, so I’ll 19
briefly go over the process. 20
The appeals of situations like this, the Commission 21
is permitted to go forward under Commission Procedure 22
D-16(1), under the appeals process. Just to summarize, 23
it’s a relatively informal procedure. 24
The burden of proof is on the appellant to 25
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demonstrate to the Commission that error was committed 1
by POST staff. 2
The appellant presents their appeal first, followed 3
by a presentation by POST staff. 4
The appellant’s representative is permitted to 5
reserve time to use in rebuttal if they wish to do so. 6
Staff is permitted to do that as well. 7
Each side has a maximum of 30 minutes. They can ask 8
for more if they need it. They don’t have to take 9
30 minutes; but the expected time is 30 minutes per side 10
for the presentation. 11
The formal rules of evidence don’t apply at the 12
proceeding. 13
The Commission normally considers the parties’ 14
submissions, and ascribe to these submissions the weight 15
that they believe the submissions are entitled to. 16
So there is no need to formally stipulate to the 17
introduction of evidence or formally move items into 18
evidence. But this is the opportunity for staff and for 19
the appellant to explain to the Commission, summarize 20
their arguments, summarize their relief that they are 21
requesting, and the reasons for the relief. 22
There was some new documentation, although the 23
Commission’s rules do request that items be delivered at 24
least 20 days -- business days -- prior to the hearing. 25
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That’s so the documents can be included in the binders 1
for the commissioners; and the commissioners will have 2
time in advance of the hearing to consider them. 3
However, the Commission’s rules do allow submissions 4
of additional items, even at the hearing. 5
Today, the supplemental documents that were received 6
by POST staff about 6:00 p.m. yesterday, included a memo 7
dated June 15th from a Michael Smith, a lieutenant; a 8
letter from Mr. Gary Van Camp about Mr. McCullough; a 9
copy of People v. -- Superior Court -- Ortiz, a 10
California Court of Appeal case. And a copy of an 11
Attorney General Opinion, 8 Ops Cal. Atty. Gen. 293. 12
Those items have been delivered to the commissioners as 13
of this morning. 14
With that, would you like to reserve any time to use 15
in rebuttal? 16
MS. LITTLE: Yes, approximately ten minutes or so. 17
MR. DARDEN: Ten minutes? 18
Connie, would you keep track of the time; and when 19
she is at the 20-minute mark, if you would let her know? 20
MS. PAOLI: Yes. 21
MR. DARDEN: Scott, would you like to reserve time 22
in rebuttal? 23
MR. LOGGINS: Yes, sir. 24
MR. DARDEN: Okay, how much time would you like to 25
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reserve? 1
MR. LOGGINS: I think ten minutes is sufficient for 2
rebuttal. 3
MR. DARDEN: All right. So, Connie, if you would 4
keep track of about the 20-minute mark for each of the 5
parties and let them know when their at it, so we can 6
keep track of 30 minutes. 7
With that, the appeal can proceed. 8
MS. LITTLE: Thank you very much. 9
My name is Attorney Danielle K. Little; and I’m with 10
the law firm of Estelle & Kennedy. We’re located in 11
Upland, California. And this is my client, Detective 12
Terence McCullough. He is employed by the California 13
Department of State Hospitals, the Office of Protective 14
Services, based out in Napa. 15
Just as a couple of procedural points, in his 16
declaration that he submitted -- and I don’t know if it 17
is possible -- it would be your Exhibit T, his 18
declaration -- is it possible to put on the screen 19
Exhibit T, page 2? And that would be a list of his 20
courses that he’s taken over the course his career. 21
And in addition, his declaration also indicated that 22
the letter that he sent to POST, where he requested the 23
POST Basic Certificate and the waiver under Penal Code 24
section 832.4, would be provided. However, I know POST 25
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has received it because they’ve responded to it. But we 1
haven’t had -- we didn’t have a full copy of it before it 2
was sent out. So I would respectfully request that we 3
be able to either speak with Director Loggins to see if 4
he was able to recreate that and send a copy and submit 5
that for your consideration and review. 6
So this particular case is really interesting 7
because I think it involves a really interesting issue of 8
law. And the constitutional issues that it raises, raise 9
both equal-protection concerns and both due-process 10
concerns. And specifically, the equal-protection 11
concerns are: How does POST treat its peace officers if 12
they are in certain agencies? 13
And in this situation, Terence McCullough has 14
requested a waiver, because he works for a particular 15
agency that is considered a non-POST participating 16
agency. And he requested that waiver, and it was denied 17
by POST. And that is basically the subject of this 18
appeal. 19
Now, under the POST guidelines, peace officers have 20
to complete a requalification within six years of taking 21
their RBC. If they don’t, they have to take a full Basic 22
Course. But the issue in this particular case is, is the 23
six-year mark considered arbitrary or capricious? 24
Because in this situation, as POST concedes, if this 25
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appeal is approved, Mr. McCullough will get a POST-based 1
certificate after eight years for work in an agency where 2
POST, at this time, is contending that there is no 3
oversight. 4
So the issue is, someone who has been a peace 5
officer since 2012, should he be denied a POST Basic 6
Certificate if he is beyond that two-year mark? And what 7
really is the reason for having that six-year mark? 8
Well, we know that POST actually established that 9
six-year mark in 1999 because instructors were finding 10
that peace officers who were going for training basically 11
were not up to par; that they were concerned about there 12
being a problem with stale learning. And there is a good 13
reason to say that we want to make sure that we don’t say 14
that you cannot be a peace officer out for 20 years or 15
30 years; that we want to make sure that you are up to 16
par in terms of your training. So they do have these 17
restrictions. 18
But here, that’s not the case. As you can see -- 19
and that’s why I wanted this to go on the board -- you 20
have a situation where you have a peace officer who has 21
actually worked for a peace officer -- or an agency, the 22
Department of State Health; and you can see that over 23
the course of the years, he’s taken courses which have 24
developed his skill-sets. So this isn’t a situation, 25
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for instance, where this was a peace officer who obtained 1
an RBC and was unable to find employment which, given the 2
recession, we all know might have been a possibility. 3
This is a peace officer who has actually worked in an 4
agency, who performs the same duties as other peace 5
officers -- for county departments, local police 6
departments. He has taken diverse training, even outside 7
the particular areas of the mental-health system; and 8
now, he wants to be able to have the same rights as 9
those officers who would be in a local agency or a deputy 10
sheriff’s agency. 11
POST has a concern that it can’t -- or one of the 12
contentions is that it can’t independently verify his 13
employment status because DSH is a non-POST-participating 14
agency. And, again, this raises the issue about whether 15
or not that contention is considered arbitrary or 16
capricious. 17
If you have someone, for instance, who is in a 18
so-called non-participating agency, such as the State 19
Department of Health, all you would need to do, if that 20
person says, “I would like to get a POST Basic 21
Certificate,” is say, “Fine. Sign a release. Allow us 22
to speak to every person in your agency if we feel it 23
necessary; and we can confirm for ourselves what you’ve 24
done over the course of your employment, what your 25
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discipline history, if anything, has been over the course 1
of that time.” 2
So I think that that concern that there is no way 3
to independently verify is not the case. And, again, as 4
you can see there, POST actually has access to all of the 5
courses that someone, such as Detective McCullough, has 6
taken over this period of time. 7
Another issue that arises, which also raises this 8
equal-protection claim, would be actually Exhibit E. 9
And this is when Bureau Chief Rodriguez explained why 10
Detective McCullough was ineligible. And one of the 11
arguments was that he is ineligible because the waiver 12
concerns out-of-state -- or out-of-state persons who want 13
to transfer into California. 14
And I think that actually is an interesting -- 15
raises an interesting issue because you can imagine a 16
situation, for instance, where you have an applicant 17
who is in a state, for instance, that doesn’t have the 18
stringent standards that California has. And I’m 19
thinking of some of our smaller states there. That 20
particular applicant has a vehicle to come to California 21
and get benefits that someone who has been a peace 22
officer, such as Terence McCullough, for years, does not 23
have. 24
So basically, you would allow an out-of-state person 25
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to get more rights as opposed to someone who has worked 1
for an agency, who knows the California state laws. He 2
has testified -- and you can look at his declaration -- 3
he’s actually secured, I believe it’s over 50 years of 4
convictions. He’s testified before court. He has a 5
letter of recommendation. That’s one of the recent 6
exhibits that we submitted to you yesterday from a Deputy 7
District Attorney in Napa. 8
So that person, that’s from out of state, would have 9
a benefit that Terence McCullough would not have. 10
Another concern regarding whether or not 11
Mr. McCullough has ever worked in a participating agency, 12
I think it loses sight of the fact that he has worked at 13
all times as a peace officer. So one of the issues is 14
that everyone recognizes that it’s very difficult to 15
secure employment as a peace officer, especially during 16
the economic downturn that occurred. And so POST’s 17
position generally has been, “Well, we can’t consider 18
that. We’re not responsible for the economic downturn.” 19
So, you know, that’s fair. But, again, rules don’t 20
exist in a vacuum. One of the things that we want to 21
consider is that when we’re applying statutes or rules, 22
we want to look in the real-life circumstances in which 23
they exist. But even if you consider that one has to 24
look at whether or not, legally, that it would be fair. 25
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So here, Detective McCullough took an RBC course, 1
and he passed it. He also took the requalification 2
course, and he passed it. And, again, it’s not a 3
situation whereas if he was -- you know, took these 4
courses and never obtained a position as a peace officer. 5
That’s simply not the case here. He has continuously 6
worked as a peace officer, and he’s taken diverse 7
courses. He has over 1200 hours of such courses, and 8
he’s investigated crimes, he’s -- you know, regarding 9
theft, fraud, traffic, including murder. So there’s 10
really no significant difference between what he’s done 11
and someone else who would be at another local agency. 12
And I think one of the issues that concerns -- one of the 13
concerning issues here is that if you would look -- if 14
you have it -- the Attorney General opinion. There’s an 15
Attorney General opinion that dates back to 1997. And 16
that actually was an opinion in which POST asked, at that 17
time Attorney General Dan Lungren, “If a police officer 18
or a deputy sheriff fails to complete the training 19
prescribed by the Commission on Peace Officer Standards 20
and Training, or obtains the Basic Certificate issued by 21
the Commission, what powers may such an officer 22
exercise?” 23
And one of the things that Dan Lungren reported back 24
to POST, was that the requirements of sections 832.3 and 25
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832.4 are not conditions of employment but, rather, are 1
limitations placed upon the peace-officer powers. Thus, 2
officers who fail to meet the requirements still may 3
maintain their status as peace officers, although their 4
powers would change. 5
It goes on to say, “Even though a police officer or 6
a deputy sheriff has not received training or obtained 7
the Basic Certificate, he or she would nevertheless be 8
considered designated as a peace officer.” 9
So I presented that to POST, to indicate that even 10
the Attorney General recognizes that it doesn’t 11
necessarily matter where you’re serving. If you are a 12
peace officer, you are a peace officer. And so to try 13
to distinguish between the two, to deny opportunities 14
for laterals or transfers, that, I think, is something 15
that would be fundamentally unfair. 16
In addition to the Attorney General Opinion, one of 17
the cases that I cited in the brief was People v. Ortiz. 18
And that was a case that had to do with a criminal 19
defendant who was being held by the Department of State 20
Hospitals; and she was convicted of possession of 21
methamphetamine. And one of her claims there was, “Well, 22
you can’t convict me of this because I’m in the state 23
mental hospital system. I’m not a prisoner.” 24
And the Court of Appeals said, “That doesn’t matter, 25
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because you are subject to the custody and control, you 1
still have to follow the rules of peace officers.” And 2
it goes on -- and the Court went on to explain that 3
officers who do work for DSH are, indeed, peace officers. 4
So now you have the Attorney General recognizing 5
this, and not making any distinctions between whether or 6
not it’s a local police officer versus a police officer 7
that works for DSH, as well as the Court. 8
And so that is why I think there’s a really 9
interesting equal-protection argument here. You want to 10
make sure that you have good officers. You don’t want to 11
take an officer, such as Detective McCullough, who has 12
experience dating back to 2012, and then require him to 13
take a full academy course, as if he’s never stepped foot 14
into peace-officer service. 15
Now, DSH divides itself into an investigator 16
section, as well as a non-POST section. So if he -- 17
Terence McCullough doesn’t get the relief that we’re 18
requesting here, you’re going to have this odd scenario 19
where you have somebody who has worked as a peace 20
officer, who even if he wants to lateral over, he would 21
still conceivably have to take a full academy course, 22
which, in the grand scheme of things, I think really 23
makes little sense. It’s in the same agency. He 24
conducts the same work, as I’ve often said during this 25
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presentation. 1
And one of the other documents that I presented to 2
you, was actually a letter from Lieutenant Smith. This 3
was a memorandum that he recently provided; and it’s 4
dated June 15th, 2017. And this is Lieutenant Michael 5
Smith. He is the supervising special investigator, 6
Department of State Hospitals, Napa, for special 7
investigations. And one of the things that he places in 8
this memo, or he discusses, are the particular duties of 9
officers that work there; and they include the 10
enforcement of policies and procedures of hospital policy 11
department, investigate crimes, and prepare written 12
reports on violations, such as murder, rape, assault, 13
burglary, theft, patient escapes, et cetera. They also 14
make arrests, and they also testify in court. They also 15
enforce the California Vehicle Code statutes and hospital 16
parking regulations. They monitor patient, staff, and 17
visitor driving activities on hospital grounds. 18
So now, you have somebody who actually does work 19
for a technical POST-participating subagency within 20
DSH that’s explaining that the duties are the same -- 21
essentially, the same. 22
Another concern that POST has raised is that 23
the duties of DSH are limited merely to the custodial 24
enforcement within a hospital grounds. However, I 25
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respectfully submit that the AG Opinion indicates 1
otherwise, as well as the regulations under 830.1, that 2
speak of geography. 3
Detective McCullough and all police officers who 4
work for DSH, their authority is not just limited to the 5
particular hospital in which they work. Again, their 6
authority, by statute, extends throughout the state, just 7
like any other peace officer. 8
Certainly the expectation, certainly, is that their 9
primary focus is at the hospital. But just like an 10
Upland police officer’s expectation is that he is going 11
to serve that particular city, he also has duties that 12
extend beyond. And there really is no functional 13
distinction, and certainly not one, I think, that POST 14
has actually submitted to indicate that there is one. 15
And even POST’s own regulations indicate that part 16
of their goal is to ensure standards and training for 17
all police officers. On its own Web site, and in the 18
statutes which establish POST as a regulatory body, it 19
does not specify that we are only concerned about 20
standards and training for county sheriffs or local 21
police officers. It’s all peace officers. And once POST 22
established itself that way, it has to have a compelling 23
reason to differentiate between those peace officers. 24
And again, I submit to you, that none have been presented 25
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thus far. 1
I’m going to conclude shortly; but I just want to 2
say that, in conclusion, there’s really no reason to 3
differentiate, given Detective McCullough’s experience. 4
He certainly deserves the opportunity to advance, just 5
like any other peace officer. 6
And on that, I actually would submit. 7
If the Commission has any questions for me or for 8
Detective McCullough, he’d be willing to speak and happy 9
to do so. 10
COMMISSION CHAIR DUDLEY: It doesn’t appear that 11
there are any questions at the moment. 12
MS. LITTLE: Okay, thank you. 13
COMMISSION CHAIR DUDLEY: Thank you so much. 14
And is there anything from POST staff? 15
MR. LOGGINS: Yes. 16
COMMISSION CHAIR DUDLEY: Thank you. 17
I think we’re going to have you get up because it’s a 18
one-mike system. 19
Thank you. 20
And not that it’s necessary, but I’ll remind you 21
that you have 30 minutes. And I believe you’ve asked for 22
10 to be held, so you have 20 minutes. 23
MR. LOGGINS: That is correct. 24
Well, good morning, Madam Chair; and good morning, 25
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Commissioners. 1
Thank you, Ms. Little, for your presentation. 2
Thank you, Mr. McCullough, for coming to our 3
meeting. 4
Let me preface this with the fact that nobody 5
admires or has a greater appreciation for any law 6
enforcement, regardless of what badge they wear, who 7
pays their salary, or what geographic location they work 8
for. We’re all one brotherhood. Law enforcement is 9
universal, and it’s certainly a noble profession. 10
However, nevertheless, the law is very specific with 11
respect to peace-officer authority. 12
Specifically, to address some of Ms. Little’s 13
remarks earlier, I’d like to add some clarifying 14
documentation that we respectfully disagree. 15
Specifically, with respect to the characterization 16
that there is no functional distinction, I think during 17
the course of my remarks, you’ll see there’s a very 18
robust level, a cascade of evidence that shows there are 19
some significant functional distinctions. 20
With respect to the Ortiz case, a cursory look 21
through that shows that, in fact, yes, the Court 22
recognized that DSH are, in fact, peace officers. 23
There’s nothing in that that specifically says they are 24
the same as 830.1 officers or that they perform any 25
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general law-enforcement officer functions, regardless of 1
that capacity as well. 2
She also mentioned the fact that per the statute, 3
had mentioned the fact that DSH officers have the ability 4
to enforce the law throughout the entire state of 5
California. That language applies to dozens and dozens 6
of categories of peace officers. As a matter of fact, 7
pursuant to the Penal Code, any private citizen can make 8
an arrest anywhere in the State of California. So 9
there’s nothing significant with that. 10
I would like to point out, with respect to the 11
Attorney General’s Opinion, I respectfully disagree with 12
her characterization. And if I can actually draw your 13
attention to a specific line in it. 14
On the first page, I think what she failed to 15
address is, that Opinion specifically addressed peace 16
officers who are under the conditions of 832.4; not those 17
who are not general law-enforcement officers. And you 18
can actually see here, in the analysis from the Attorney 19
General, it says, “We are here concerned with police 20
officers and deputy sheriffs who are required to complete 21
a comprehensive course of training as prescribed by POST. 22
Two statutes are the focus of this Opinion.” And I’ll 23
later go on into those specific statutes as well. 24
I’ll bifurcate my comments into two particular 25
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categories. 1
The first has to do with his request for a waiver 2
of the six-year rule. This is exclusively a matter of 3
whether Mr. McCullough is qualified for the exemptions 4
he requests, whether POST has the authority to deviate 5
from law to afford him such extraordinary privilege. 6
Privileges that have approximately 90,000 current peace 7
officers in the POST program have had to earn by means of 8
satisfying training, employment mandates. Not through 9
appeals, not through grievances, not through 10
circumventing a process that has ensured California 11
POST standards are the highest in the nation. 12
This appeal, again, has two components with respect 13
to 1008 and 1011 of the regulations. 14
Regarding the six-year rule that’s codified in 1008, 15
Mr. McCullough is clearly ineligible for this waiver. 16
We do agree on June 13th of 2009, he successfully passed 17
the RBC, or Regular Basic Course. 18
Pursuant to Regulation 1008, graduates of the RBC 19
have a three-year window of opportunity to be appointed 20
as a peace officer. This regulation is commonly referred 21
to as the “three-year rule.” 22
There’s a corollary rule, known as the “six-year 23
rule,” that was created by this Commission and approved 24
by an agenda item -- and she correctly stated -- back in 25
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January 21 of 1999. 1
That rule articulates that the student must be 2
appointed as a peace officer within the remaining 3
six-year time frame. If the graduate is not appointed to 4
a peace-officer position with qualifying service within 5
six years, they must successfully complete the 6
appropriate full Basic Course. 7
Pursuant to Regulation 1008, “qualifying service” 8
specifies characteristics that he has not provided. 9
Regulation 1008 specifically argues that “qualifying 10
service” is defined as serving in a California 11
peace-officer position for which a POST Regular Basic 12
Course or SIBC specialized course was required. Quite 13
simply, Mr. McCullough does not meet this criteria. 14
This rule was created back in the nineteen-nineties 15
when a committee of POST subject-matter experts 16
identified a variety of disciplines and identified 17
substantial areas to show that people who had been out 18
of law enforcement for a significant amount of time 19
became stale. Those conditions -- or those 20
qualifications they had and those skills became perished, 21
which we later established in the Perishable Skills 22
Program. 23
It was for this reason that this Commission created 24
that six-year exception, codified in Regulation 1008, 25
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requiring that an individual who passed an RBC or 1
obtained a Basic Course waiver but had never served in 2
the capacity of a California peace officer, must be hired 3
within that six-year time frame, regardless of when they 4
took that Basic Course. This regulation was created 5
specifically to address individuals with Mr. McCullough’s 6
circumstances. 7
Mr. McCullough has made numerous attempts to 8
rationalize experience in an attempt to persuade POST 9
staff that his assignment is the functional equivalent 10
of the general law-enforcement officers throughout the 11
state of California. This is a classic apples-to-oranges 12
comparison. 13
The law is very clear. It’s very specific. The 14
position Mr. McCullough currently holds requires 15
completion of the PC 832 course, not the RBC. 16
This fact is validated not only in the job 17
description of his own employer and through the state of 18
California, but as created by the Legislature in the 19
California Penal Code. 20
As a state agency, POST cannot deviate from 21
that which is regulation -- and this is codified in the 22
Government Code. 23
What’s particularly interesting is that 24
Mr. McCullough was very well aware of this regulation. 25
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Now, he’s attempting to circumvent the regulation to 1
obtain an exemption. 2
According to his documents, he was hired as a state 3
hospitals police officer on August 31 of 2012; yet within 4
a year, he put himself through a requalification course. 5
So this begs the question of why did he attend a 6
136-hour course unnecessarily if he truly believed he was 7
exempt from regulatory requirements. 8
He also argues that his inability to obtain 9
employment in a POST-participating agency is due to the 10
economy. POST regulation does not exempt individuals 11
based on hardships or sympathy; it’s simply a matter of 12
law. Simply put, it’s a matter of qualifications: If 13
you’re not qualified, you’re not qualified for the 14
position you seek. 15
With respect to the Basic Certificate, 16
Mr. McCullough -- as not only a matter of regulation, but 17
this is a matter of law, and it’s specifically addressed 18
in the Penal Code -- it’s abundantly clear that POST 19
staff neither have the regulatory nor the legal authority 20
to grant him his request. 21
The California Penal Code clearly establishes those 22
peace officers who are, in fact, eligible for a Basic 23
Certificate. 24
Penal Code 13510(a) provides that the Commission 25
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shall establish a certificate program for three 1
categories of peace officers: Those who are specified 2
in 13510, 13522, and the California Highway Patrol. 3
The Penal Code also specifies that, quote, “Persons 4
who are determined by the Commission to be eligible 5
peace officers may make application for the certificates, 6
provided they are employed by an agency which 7
participates in the Peace Officer Standards and Training 8
program.” 9
By law, only persons employed at one of these three 10
above-mentioned categories may be issued a POST Basic 11
Certificate. Mr. McCullough is not one of these 12
categories. 13
Further analysis of these three categories provides 14
further illustration. 15
The first section, 13510, specifies several 16
subcategories of peace officers, including county 17
sheriffs, city police officers, county coroners, and 18
district police officers, as well as several others. 19
Mr. McCullough is not appointed under any of these 20
categories. Instead, he’s been appointed under 21
section PC 830.38. 22
The second subcategory is specified in 13522. It 23
mentions the above-mentioned officers as well as those 24
who are part of the CSU system, the University of 25
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California system. Again, Mr. McCullough is not employed 1
in any of these capacities. 2
The third category specifies a member of the 3
California Highway Patrol. Once more, Mr. McCullough is 4
not appointed as a California Highway Patrol officer. 5
He’s referenced Penal Code 832.4 to support his 6
argument that he is required to have a POST Basic 7
Certificate to continue serving as a peace officer. He 8
is absolutely incorrect. That particular statute 9
references several categories of peace officers who must 10
obtain the Basic Certificate; and this is the same 11
statute that was mentioned in the aforementioned Attorney 12
General Opinion. 13
It says the following: “Any undersheriff or deputy 14
sheriff of a county, any police officer of a city, and 15
any police officer of a district is responsible for the 16
prevention and detection of crime and the general 17
enforcement of the criminal laws of this state shall 18
obtain the Basic Certificate.” 19
Mr. McCullough belongs to none of these categories. 20
His authority resides in 830.38 rather than 830.1, which 21
is required to be eligible for a Basic Certificate and, 22
therefore, he’s not required to have one. 23
His class of peace officer, like thousands of other 24
peace officers who are not in the program, like the 25
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Department of Corrections, absolutely can serve in his 1
current capacity without a POST Basic Certificate. 2
In his appeal, Mr. McCullough attempts to persuade 3
POST that his appointment under Penal Code 830.38 and 4
his duties performed as a state hospital officer are the 5
functional equivalent of those appointed under 830.1 by 6
his misunderstanding of the text in the statute and by 7
creatively highlighting certain language and ignoring 8
clarifying placement of punctuation in the statute. 9
Nothing could be further from the truth. And in further 10
analysis, the law clearly reflects that his premise is 11
grossly inaccurate. 12
As I mentioned a moment ago, Penal Code 830.1 13
clearly articulates the specific authority of certain 14
peace officers. In fact, the Legislature is so specific 15
that it’s created dozens of peace-officer categories, 16
each with its unique Penal Code. Mr. McCullough is one 17
of those individuals. 18
Contrary to his appeal, officers of the California 19
state hospital system have comparatively limited 20
jurisdiction. In fact, within the Penal Code for which 21
they are appointed, the text includes very stringent, 22
limiting language that references other law. 23
In the Penal Code for which he has his authority, 24
it specifies that state hospital peace officers are cops 25
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for the purpose of performing their primary duty, 1
provided that the primary duty of the peace officer shall 2
be in the enforcement of the law set forth in Welfare and 3
Institutions Codes 4311, 4313, 4491, and 4493. 4
These additional statutes are extremely instructive. 5
Sections 4311 and 4491 reference that he has the 6
authority of preserving the peace in the hospital 7
buildings and grounds. 8
4313 and 4493 specify that they have the ability to 9
enforce rules and regulations of a hospital, preserve 10
peace and order on the premises thereof. 11
Even Mr. McCullough’s employer acknowledges that 12
it is a unique specialty law-enforcement agency. The 13
official State of California job specifications state 14
that they are distinguished from other peace-officer 15
classes by being regularly required to perform law-16
enforcement duties in close proximity to mentally-ill 17
inmates. Their duties include maintaining law and order 18
on the grounds; patrolling and protecting hospital 19
buildings; checking for unauthorized movement of 20
patients; and monitoring patient and visitor activities. 21
None of these mirror or are the functional 22
equivalent of a conventional law-enforcement officer. 23
Further reinforcing this fact, a year ago POST staff 24
met with his boss, the chief of the state hospital 25
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system, to assist them in training -- providing training 1
to develop their own agency-specific academy. At that 2
time, even he admitted that their mission is far 3
different than that of a general law-enforcement officer. 4
The only time -- and it’s very rare when people 5
under his class do have the same, exact authority as a 6
conventional peace officer -- are in two specific 7
conditions: Whenever a state of emergency is proclaimed 8
or whenever the nation is in a state of war. 9
Even further, our own regulation created by this 10
Commission mandates that, quote, “At the time of the 11
application, an applicant shall be employed as a 12
full-time peace officer by a POST-participating agency.” 13
Mr. McCullough is not a POST-participating peace 14
officer. And even further, that same regulation, 15
1011(a)(4)(C), requires that applicants for general or 16
specialized category certificates must possess basic 17
training that has not yet expired. 18
As of May 26th, an audit of the last 10 years 19
reveals 53,000 students have passed the RBC, 31,000 are 20
currently working at the POST agency. That means 11,000 21
of them are currently not working. This phenomenon could 22
be for a variety of reasons: They simply decided to 23
retire, get another position, or in Mr. McCullough’s 24
case, because of the economic reasons. 25
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Philosophically, if POST were to allow an individual 1
who does not meet the regulatory requirements to get a 2
POST Basic Certificate, in theory, this Commission would 3
be required to provide thousands of former RBC graduates 4
who also didn’t meet those same mandates but sought other 5
employment with a POST certificate. If this were to 6
happen, the prestige of having a Basic Certificate would 7
be significantly diminished, and POST would turn into a 8
simple diploma mill. 9
Ms. Little provided a litany of court cases in the 10
appeal document, none of which appear to have a 11
significant bearing or nexus on the cases at hand. The 12
courses reference such things as possession of meth on a 13
hospital ground, defining “prisoner status” for an 14
inmate, clarifying Peace Officer Bill of Rights for 15
employees, a color-blind law-enforcement applicant, 16
whether or not the right to fish is constitutionally 17
protected, and whether or not Sheriff Joe in the State of 18
Arizona can restrict a First Amendment right to read 19
“Playboy” on behalf of inmates. 20
The situation has nothing to do with the Fourteenth 21
Amendment; and any assertion that a property right has 22
been denied to Mr. McCullough is a stretch. 23
Nothing has been deprived by POST. POST peace 24
officers standards were established by the Legislature 25
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for agencies who voluntarily joined the program. 1
Mr. McCullough is not a POST employee, nor has POST 2
prevented him from his opportunity to seek the necessary 3
training to gain the necessary employment. 4
The only case I can think of is another reference 5
case that was not brought up in the appeal, and that is 6
Skelly, which clarifies that due process with respect 7
to property interest applies to an employer-employee 8
relationship. To reiterate, POST is not Mr. McCullough’s 9
employer. 10
At this point, all the appropriate levels of appeal 11
have been afforded to Mr. McCullough. POST staff, have 12
invested a tremendous amount of time, money, and effort 13
to ensure that he has a modicum of due process with 14
respect to his particular case. 15
For that vast overabundance of reasons I’ve 16
discussed and presented, the Commission -- and I 17
respectfully request that the Commission upholds the 18
decision of POST staff and the Executive Director. 19
And with that, I thank you very much; and I’m open 20
to any questions you may have. 21
COMMISSION CHAIR DUDLEY: Any questions? 22
COMMISSION VICE CHAIR BRAZIEL: I have a couple 23
questions, if I may. 24
COMMISSION CHAIR DUDLEY: Yes, please. 25
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COMMISSION VICE CHAIR BRAZIEL: Commissioner 1
Braziel. 2
So in her documents, we have the job posting put out 3
by state HR that lists 832 requirements, you must pass 4
certain trainings. It lists “peace officer.” It lists 5
to promote, you either have to be within the hospital 6
system or be a peace officer. Promotions. 7
How do you reconcile that state HR, basically, when 8
I read it, if that’s an accurate description at his point 9
in time of employment -- because I notice the date is an 10
old date on the HR document -- how do we reconcile that 11
state HR, based on those documents, looks like it’s a 12
peace-officer position from the POST regs? How did we -- 13
how you guys balance that? 14
MR. LOGGINS: The short truth is it was a clerical 15
error by their administrative staff. 16
Are you referencing to the point where it says they 17
have 830.1 authority? 18
COMMISSION VICE CHAIR BRAZIEL: No, I’m looking for 19
the job posting that basically says, “To qualify for a 20
job as a peace officer” -- or “a police officer with the 21
hospital system in the state.” It’s in Appendix K, if 22
I remember correctly, from Cal HR, hospital police 23
officer series, scope, definition of series, the 24
different requirements that says you have to be 25
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832-trained. 1
How do we reconcile that state HR is -- basically 2
reading this, it looks like it’s a peace-officer position 3
from POST regs? 4
MR. LOGGINS: I think what you’re referencing -- 5
there’s two sections of 832 that police officers or 6
peace officers are appointed under. 7
832 is the overarching, vast Penal Code that 8
addresses all peace officers. Even if they’re not in 9
the POST agency, everybody has to go through 832 training 10
as prescribed by POST. 11
The secondary Penal Code, I believe it is 832.4 12
series, those are -- the full extent are the general 13
law-enforcement agencies -- the Sac PDs, the Sacramento 14
Sheriffs, La Mesas, and things of that effect. 15
So even though an agency is not part of the POST 16
participating program, they still have to go through the 17
PC 832 course. Those are legislative mandates. 18
The same thing, bounty hunters, for some reason, are 19
required by our Legislature to take a course that is 20
prescribed by POST, even though they’re clearly not peace 21
officers and have nothing to do with law enforcement. 22
COMMISSION VICE CHAIR BRAZIEL: Okay, I’m not sure 23
that answered my question, but… 24
MR. LOGGINS: Dave, could you pull up “K”? 25
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Was it Attachment K? 1
COMMISSION VICE CHAIR BRAZIEL: Yes, it’s “K.” 2
MR. LOGGINS: I think Commissioner -- he wants the 3
section where it says they have to have Penal Code 832. 4
COMMISSION VICE CHAIR BRAZIEL: Well, if you go 5
through -- here, let me scroll through with mine. I’m 6
sorry, my cursor is a little bit slower. 7
So I’m looking at the different languages in this. 8
First of all, if you start with -- let’s see, what 9
page -- mine is different. 10
So let’s go down -- so you’ve got -- let’s start 11
with -- just scroll down just a little bit more on this 12
one. 13
Stand by. Don’t go too fast because I’ve got 14
to keep up on mine. 15
MS. PAOLI: I’m sorry. 16
COMMISSION VICE CHAIR BRAZIEL: That’s all right. 17
I just can’t keep up. You’re just way too fast for me. 18
Can you go back up? Because I lost where I was. 19
Let’s start over. 20
Okay, that’s the first page; right? 21
MS. PAOLI: This is page 3. 22
COMMISSION VICE CHAIR BRAZIEL: Oh, wait a second. 23
Mine doesn’t have that one. Wait a second, maybe we do. 24
Stand by. I apologize. 25
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If we start with -- did you say 7? So 3 of 7 -- and 1
you’ve got minimum quals -- okay. 2
First, it talks about completion of training 3
requirements, 832. 4
MS. PAOLI: Right here, yes. 5
COMMISSION VICE CHAIR BRAZIEL: Right there. So we 6
start with that. That’s the first reference. 7
“Satisfactory completion of training requirements of 8
Penal Code Section 832” -- and, actually, let me do this 9
for a second. 10
Can you go to the top of page 1? Let’s just start 11
there. And I’m just going to scroll down through it. 12
So when you look at it, you’ve got Cal HR, first of 13
all, it says, “Hospital police officer series.” So after 14
that, you’ve got the State of California advertising this 15
as a police officer. Then you go down, it’s got its 16
different ranks: Police sergeant, police lieutenant. 17
And this is the State of California doing this. 18
You’ve got the different level definitions. Then 19
when you get to page 3 of 7, in the highlighted section, 20
it’s got “must meet the requirements of 832.” 21
Then we scroll down -- and I’ll get you a page 22
number in a second -- where it lists sections for 23
backgrounds. 24
So if we go down to page -- it’s got to be 25
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6 of 7 -- you’ve got “Citizenship Requirements,” “Felony 1
Disqualifiers,” all similar language to what you get in 2
the peace officer series for any municipal agency. 3
You’ve got medical and psychs as defined by 1031. 4
Is that the same medical and psych requirements for 5
a municipal agency? I’m not familiar with the medical 6
and psych requirements. 7
MR. LOGGINS: Yes, the overlying law is 1031 of the 8
California Government Code, so they are -- that is 9
applicable. 10
The more robust standards that we mandate pursuant 11
to our regulation are not applicable to them. 12
COMMISSION VICE CHAIR BRAZIEL: And what are those? 13
MR. LOGGINS: 1950 through 1954 series of our 14
regulations. In other words, they have to have the 15
background in order to be appointed as a peace officer. 16
1031 simply says you have to have a background to 17
make sure you’re suitable to be a peace officer. As far 18
as getting the mechanics and specifics of verifying 19
citizenship and things of that effect, I believe that’s 20
beyond the capacity for us to enforce on them because 21
I think some of our regulations are more robust than what 22
the Government Code requires. 23
MR. DARDEN: So, Mr. Loggins, as I -- do you mind, 24
Commissioner? 25
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COMMISSION VICE CHAIR BRAZIEL: Sure, that’s fine. 1
MR. DARDEN: As I understand the Commission’s 2
position, the Commission is not taking the position that 3
he is not a peace officer. Actually, of course, he is a 4
peace officer. 5
MR. LOGGINS: He certainly is, yes. 6
MR. DARDEN: But he’s appointed under a specific 7
section of the code that limits his duties to primary 8
responsibility for enforcement of certain Welfare and 9
Institutions Codes. 10
MR. LOGGINS: That is correct. 11
MR. DARDEN: And your position is that the 12
training that is required for that position, instead of 13
being the full Regular Basic Academy, that the only 14
required training is PC 832, which is either, what, 40 15
or 80 hours, depending -- 16
MR. LOGGINS: That is correct. 17
MR. DARDEN: Okay. 18
MR. LOGGINS: And that’s commensurate with the 19
mandates of the Penal Code. 20
MR. DARDEN: And while certain peace-officer 21
classifications in California are required by statute 22
to obtain a POST Basic Certificate in order to continue 23
to perform the powers and duties of a peace officer, that 24
this particular classification is not. 25
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Is that the position of the Commission? 1
MR. LOGGINS: That is absolutely correct. 2
MR. DARDEN: Okay. 3
COMMISSIONER DOYLE: Doyle. 4
Just a legal question. I mean, just because State 5
HR or a municipal agency advertises something as a police 6
officer when, in fact, it’s not an 830.1 or 2, doesn’t 7
make it so; correct? 8
MR. DARDEN: Right. And, in fact, this is one of 9
the things that’s referenced in the Attorney General 10
Opinion. An appointing power or employing authority can 11
hire somebody and call them a “peace officer.” That’s 12
not the question. 13
The question is whether or not those individuals can 14
exercise the powers of police officers and what powers 15
they could exercise and under what conditions, that’s the 16
question. 17
So -- 18
COMMISSIONER DOYLE: No, no, I get that. But I was 19
just -- Commissioner Braziel’s line of questioning was -- 20
and maybe I’m jumping the gun and was presuming that 21
because the state HR was calling this a police-officer 22
position, in fact, that’s what it was -- 23
MR. DARDEN: Correct. 24
COMMISSIONER DOYLE: -- even though it doesn’t meet 25
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the test, is what I was trying to clarify. 1
MR. DARDEN: Right. No, I believe that the idea is 2
that the employer has designated this as a peace-officer 3
position. The position -- 4
COMMISSIONER DOYLE: Police officer. 5
MR. DARDEN: A peace-officer position. It’s under 6
the section of the Penal Code that specifically applies 7
to state hospital peace officers. 8
That class of peace officers is a relatively limited 9
duty, as such, limited to the Welfare and Institutions 10
Code enforcement. And those individuals are peace 11
officers; but they’re only required to have the PC 832 12
training. They’re not required to have the full Regular 13
Basic Academy or the Specialized Investigators Basic; and 14
they are not required by state law to have a POST 15
certificate in order to continue to perform the powers 16
of a police officer. Whereas some job classifications 17
are, this was not. 18
COMMISSION VICE CHAIR BRAZIEL: Sure. 19
COMMISSIONER BUI: Okay, a question. Bui. 20
So, this position doesn’t require the full hours. 21
However, he did complete the regular RBC; correct? 22
MR. LOGGINS: Yes, that is correct. 23
COMMISSIONER BUI: Even though the position didn’t 24
require that many hours, he still completed it? 25
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MR. LOGGINS: That is correct. 1
COMMISSIONER BUI: Okay. 2
COMMISSION CHAIR DUDLEY: Other questions? 3
Comments? 4
Yes? 5
COMMISSIONER LONG: And so while Commission staff 6
and its ruling is bound by the law and by the statutes 7
and rulings, our determination is not; correct? 8
COMMISSION CHAIR DUDLEY: Say that again. 9
COMMISSIONER LONG: While the staff’s decision and 10
then the Executive Director’s decision to deny him the 11
exemption is bound appropriately and understandably by 12
the statutes and so forth; that being said, the 13
Commission’s determination is not; is that correct? 14
MR. DARDEN: The Commission is absolutely bound by 15
law and regulation in its -- the question is how it 16
applies the particular facts. 17
MR. LOGGINS: Madam Chair, we’ve been discussing a 18
lot of laws and Attorney General’s -- may I reference 19
another Attorney General Opinion? 20
This is not the first time this has been looked at. 21
I mean, this Commission looked at it 20 years ago and 22
made a decision to keep the current standards for the 23
Regular Basic Certificate. 24
And then Ms. Little brought forth an Attorney 25
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General Opinion from 1997. This same incident was 1
investigated back in 1994, back when Gene Muehlhausen was 2
our executive director; and I believe Evelle Younger 3
might have been the Attorney General. 4
But the specific findings in that case -- it was a 5
similar situation, there was a law-enforcement agency 6
that was not mandated in the Penal Code as applicable. 7
And what they actually said was “because of the 8
limitations on the powers of these policemen” -- that 9
was how they used it back then -- “because of the 10
limitations of the powers of these policemen as set forth 11
above, they do not appear to attain the status of those 12
peace officers to whom sections 832.3 and 832.4 were 13
directed,” which are the same exact statutes we’re 14
addressing today. 15
COMMISSION CHAIR DUDLEY: Do you want to say 16
something? 17
MR. DARDEN: Yes, I do have a question. 18
There was an issue that was raised by counsel to 19
the appellant about a request for some documentation or 20
information, and she asked for you to respond to that. 21
Are you familiar with that? 22
MR. LOGGINS: I’d have to -- if she could clarify 23
exactly what that is. Everything I had access to was put 24
on the public document. 25
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MR. DARDEN: Okay, yes. There was a -- in fact, 1
could we ask the counsel -- I apologize; if this is okay 2
with the Commissioners, could we ask counsel for the 3
appellant to come up? Because there was a question about 4
some additional documentation that had been requested, 5
that was also in the declaration. 6
And then you also said something about -- a question 7
about whether you wanted to have that before you 8
submitted the matter, and yet you did submit the matter. 9
So I just want to make sure that we’re clear about that 10
documentation. 11
I do want to ask Mr. Loggins, though, when an 12
individual wants to apply for a certificate through the 13
Commission, there’s a certificate application process; 14
is that correct? 15
MR. LOGGINS: That is correct. 16
MR. DARDEN: And the individual must file a 17
certificate application for a -- in this case, for a POST 18
Basic Certificate? 19
MR. LOGGINS: That is correct. 20
MR. DARDEN: And I’ve got it as a POST 2-116. But 21
it’s a certificate that lays out your name, your 22
training, there’s attestation by your department head 23
that you met certain requirements; is that correct? 24
MR. LOGGINS: That is correct. 25
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MR. DARDEN: Do you know whether or not any such 1
certification application was filed in this case? 2
MR. LOGGINS: Off the top of my head, at this point, 3
I do not. 4
MR. DARDEN: Counsel, did your client file a 5
certificate application of POST 2-116 requesting the 6
issuance of a Basic Certificate from the Commission? 7
MS. LITTLE: That is my understanding, that was the 8
August -- 9
MR. McCULLOUGH: I did not. 10
MR. DARDEN: You did not? 11
Okay, so what was the documentation then that you 12
were saying that you had requested but had not yet 13
received? 14
MS. LITTLE: It was in response. 15
So your exhibit, POST’s Exhibit G is the 16
October 4th, 2016, letter; and that is the denial of 17
Detective McCullough’s request. 18
Prior to that, Detective McCullough submitted a 19
package in which he was requesting relief in August. 20
I want to say it was around August 20th, 2016. So this 21
October 4th, 2016, letter is in response to that. 22
He, Detective McCullough, actually sent the 23
documentation; but we did not keep a complete, true and 24
correct copy of that. And that is what I wanted the 25
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Commission to actually review. 1
MR. DARDEN: All right, so this was just some 2
documentation sent to POST staff -- 3
MS. LITTLE: Yes. 4
MR. DARDEN: -- in conjunction with his appeal. 5
But it wasn’t a formal application for a POST 6
certificate; correct? 7
MR. LOGGINS: Mr. Darden, I do have the answer to 8
that. Those are the attachments included in the agenda 9
item. The package that was provided to me by the 10
Executive Office was a hard copy, and those were 11
subsequently scanned, and are the documents that are in 12
that particular agenda item, in their entirety. 13
MR. DARDEN: All right, so are you satisfied, 14
Counsel? 15
Are you satisfied, Counsel, that you received all 16
the information you needed? 17
MS. LITTLE: Yes, I am. Yes. 18
MR. DARDEN: All right, sorry. 19
COMMISSION CHAIR DUDLEY: Is there anything else for 20
Mr. Scott? 21
(No response) 22
COMMISSION CHAIR DUDLEY: Okay. 23
Mr. McCullough or Ms. Little, do you wish to 24
readdress the Commission? 25
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MS. LITTLE: Yes, I do. 1
COMMISSION CHAIR DUDLEY: And if so, you have 2
ten minutes. 3
MS. LITTLE: Okay, thank you very much. 4
I actually just wanted to respond to a couple of 5
issues regarding the statutes. 6
I believe someone actually just mentioned, again, 7
that under -- that the employer has designated Detective 8
McCullough and peace officers with the agency of DSH as 9
peace officers, as if that could conceivably be some type 10
of arbitrary designation. 11
But I respectfully submit that that’s not the case. 12
The Penal Code indicates that Detective McCullough is a 13
peace officer. 14
If you look at my brief -- and it’s in your 15
papers -- I won’t refer it to you -- but Penal Code 16
section 830.38 provides that “Officers of a state 17
hospital, under the jurisdiction of the State Department 18
of State Hospitals or the State Department of 19
Developmental Services appointed pursuant to section 4313 20
or 4493 of the Welfare and Institutions Code, are peace 21
officers whose authority extends to anyplace else in the 22
state.” 23
And so the Legislature has determined that these are 24
peace officers. It’s not just a determination. 25
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And pursuant to that, the hospital policy, from the 1
California Department of State Hospitals policy manual, 2
specifically explains that the arrest authority actually 3
is under Penal Code section 830.1. And that was 4
Exhibit L to Detective McCullough’s declaration. 5
One of the other things that I wanted to raise 6
specific to the statutes: One of the things that POST 7
has indicated is that you don’t want a situation where 8
there are rules and that people are trying to deviate 9
from rules. But certainly, as law-enforcement officers, 10
in some capacity, as we all are, you understand that the 11
issue isn’t that you’re attempting to deviate from those 12
rules. We all understand that rules do not exist in a 13
vacuum, and you have to apply rules in a fair way and 14
make sure that they comport with constitutional 15
principles. 16
You can’t just look at a statute and say, “This is 17
what the statute says. That’s the end of it,” if you 18
know that applying it in such a way that’s going to 19
create absurd results is going to happen. 20
One of the things that I would request that the 21
Commission consider, are the actual job descriptions for 22
the local police department, I believe from the City of 23
Martinez, as well as the County Sheriff’s Department 24
from the County of Napa, and compare that to the job 25
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description that POST itself has actually submitted, as 1
well as my client; and compare those, side-by-side, and 2
make a factual determination as to whether or not there 3
is some type of substantive, meaningful difference. 4
And I would submit to the Commission that there is 5
no such difference. 6
Now, the other issue that I wanted to raise was that 7
POST is relying heavily on section -- Penal Code 832.4. 8
However, the reliance of that is specifically on only one 9
part of that statute. POST has only relied on 832.4(a). 10
However, our argument concerns Penal Code 832.4(b). And 11
that is on page 9 of my memorandum. And I’ve actually 12
included the entirety of that statute. And that statute 13
specifically says that “every peace officer listed in 14
subdivision (a) of section 830.1, except a sheriff or 15
an elected marshal or a deputy sheriff, et cetera, who 16
is employed after January 1, 1988, shall obtain the Basic 17
Certificate issued by the Commission on Peace Officer 18
Standards and Training in order to continue to exercise 19
the powers of a peace officer.” 20
There’s a specific reference to Penal Code 21
section 830.1. And what the statute, 830.1, specifically 22
states -- and it’s very long, I won’t read the entire 23
thing -- and, again, it’s on my brief on page 9 -- is 24
that any police officer employed in that capacity and 25
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appointed by a chief, a director, or a chief executive 1
of a public safety agency or police officer of a 2
district, is a peace officer. Respectfully, it’s 3
multiple statutes. It’s even POST regulations that make 4
it very clear that this is a peace -- that he is a peace 5
officer. That these officers that are employed by DSH 6
are entitled to the same rights as other particular peace 7
officers. 8
MR. DARDEN: Counsel, can I ask, so are you taking 9
the position that all of the 830.38 appointed officers 10
of DSH are required to obtain a POST Basic Certificate? 11
MS. LITTLE: No, I’m not, no. But they have 12
the opportunity, if they want, because it’s a 13
non-participating agency, that they’re not required to do 14
so. But here, there has been a request for one. 15
MR. DARDEN: Are you reciting language in 832.4(b), 16
which says that the officers that are described in 17
830.1(a) shall obtain the Basic Certificate within a 18
year. And then 830.1 itself has specific designations 19
of officers; but that doesn’t include your client. He’s 20
under 830.38. So I’m just not sure I understood your 21
argument. I want to make sure the Commission understands 22
your argument. 23
MS. LITTLE: I actually respectfully disagree with 24
that. 25
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MR. DARDEN: Okay. 1
MS. LITTLE: I think that the portion that I cited 2
actually encompasses even an officer that would be under 3
830.38. 4
MR. DARDEN: Okay. 5
MS. LITTLE: And those particular ones that I 6
actually cited, any police officer employed in that 7
capacity and appointed by a chief, a director, or chief 8
executive of a public safety agency. And respectfully, 9
I believe that the law-enforcement agency wing of DSH is 10
such an agency. 11
COMMISSIONER DOYLE: I have a question. 12
Do you know why it is that only -- not only -- but 13
832 is what’s required and not a basic POST Certificate 14
to be a state hospital? 15
MS. LITTLE: Honestly, I don’t know. I could 16
certainly research more and find out the legislative 17
history. 18
COMMISSIONER DOYLE: No, no. I was just wondering 19
if you knew. 20
MS. LITTLE: But I don’t know, unfortunately. 21
Sorry, Commissioner. 22
COMMISSION CHAIR DUDLEY: Any other questions of 23
Ms. Little? 24
MS. LITTLE: I just wanted to make a -- do I have a 25
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couple minutes? 1
There are a couple of other comments that were made 2
that, you know, POST doesn’t want to become a diploma 3
mill. And, again, I would direct your attention to the 4
actual qualifications of this particular applicant. 5
The goal of not wanting POST to become a diploma 6
mill is understood. Detective McCullough fully 7
understands that. But, again, if you look at what he has 8
done over the course of his career, he didn’t have to 9
take these courses. This is someone who, nevertheless, 10
decided to make sure that he is constantly enhancing his 11
skill-sets. He is not limiting -- even the courses that 12
he has taken are not even limited specifically to how to 13
deal with patients: They’re dealing with school 14
violence, they’re dealing with interrogation techniques, 15
they’re dealing with excessive force. They’re dealing 16
with a broad array of areas that any law-enforcement 17
agency ideally would want to have in all of their peace 18
officers. 19
So if he decided that he wanted to lateral over 20
to the investigative wing of DSH or to another county 21
department, I can’t imagine that such a county department 22
or a local agency would look at exactly what his 23
qualifications are and say, “You’re a rookie. You don’t 24
have the experiential base that we want.” And I think 25
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that that is how you have to look at statutes. 1
Like, the law requires you -- this isn’t just, you 2
know -- I think the California Supreme Court, based on 3
the cases that I’ve cited under equal protection and due 4
process require you to look at what you have before it 5
and not apply rules in such a rigid fashion. 6
MR. DARDEN: Does he currently have an offer of 7
employment at any -- for any peace-officer position for 8
which a Basic Certificate is required? 9
MR. McCULLOUGH: No. 10
MR. DARDEN: Okay, thank you. 11
MS. LITTLE: Can he add -- 12
MR. DARDEN: Yes, of course. 13
MR. McCULLOUGH: I need a mike. 14
Good morning, and thank you for -- actually, no, 15
good afternoon. I apologize for this taking as long as 16
it has. Thank you for having me. Thank you for hearing 17
this appeal. 18
I know that this is convoluted, I know it’s 19
confusing, I know that there are several Penal Code 20
sections in play here, and it can get a little confusing. 21
Believe me, I have poured over the code sections myself. 22
I felt that it was a situation that had merit to 23
at least be examined, and thoroughly examined, and a 24
decision be made. 25
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With regard to 830.38, a couple items. We have a 1
sister agency with DSH called DDS, Department of 2
Developmental Services. They are under the same 3
appointment code, 830.38, but they are a full POST- 4
participating agency. So I respectfully put that 5
forward to classify that appointment code as a non-POST 6
participating code is not true. We have a sister agency 7
under the same code that’s fully POST-participating. 8
To further my resumé and my training profile and to 9
explain why I have continued to take further training, 10
my agency, while it requires 832 to be a fully-sworn 11
police officer with powers anywhere in the state of 12
California, if, for example, you want to be a field 13
training officer at my agency, they require a POST FTO 14
course. If you want to be a firearms instructor, you 15
have to do a POST firearms instructor course. 16
I have done the POST FTO course. I’ve done the 17
POST firearms instructor course. Those were not for 18
the purpose of putting a certificate on the wall; they 19
were practically applied within my agency. I’m a 20
POST-certified FTO, and I’ve trained many people with 21
the block of investigations. 22
I know it’s confusing, I know it’s deep. I do 23
believe that it is a relevant and merit- -- it’s an 24
argument with merit. And I just wanted to present it to 25
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you. 1
And thank you guys for hearing me this morning -- or 2
this afternoon. Gosh, it’s one o’clock. 3
COMMISSION CHAIR DUDLEY: Thank you. 4
Anything else from the commissioners? 5
(No response) 6
COMMISSION CHAIR DUDLEY: Okay, Mr. Loggins? 7
MR. LOGGINS: We respectfully disagree with 8
Mr. McCullough’s premise as well as Ms. Little’s. 9
The letter that was produced today, there was an 10
attestation from one of Mr. McCullough’s counterparts 11
we talked about. It’s the functional equivalent of an 12
830.1 officer. 13
Just to draw a comparison, in the attestation, he 14
actually referenced the City of Napa. 15
Looking at public domain records, the City of Napa 16
has 76,000 people pursuant to the 2010 census, 18 square 17
miles. An analysis of the California Attorney General 18
statistics for felony arrests, which was last available 19
for 2014, they made 893 arrests. 20
The letter drew comparison that they were doing 21
effectively the same thing as the California Highway 22
Patrol officers. California Highway Patrol covers 23
394,000 miles of road. 163,000 square miles. 24
To draw a comparison to Mr. McCullough’s agency, 25
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according to the Assessor’s Office in the City of Napa, 1
it’s 138 acres, or two-tenths of a square mile, with 2
1225 patients. 3
I hate to get into which officers are better than 4
any other, because every officer who puts on a badge and 5
a gun certainly addresses a noble calling. But it 6
clearly is not that, which is the same as that of a 7
general law-enforcement officer. 8
Just to reiterate, POST has not deprived 9
Mr. McCullough of anything. The bottom line is if he 10
wants to follow through with it, he has plenty of 11
availability. There’s 39 operating academies in the 12
state of California, as we speak. 13
Last year, 4,000 of his counterparts graduated from 14
an academy. Simply put, if he wants to get a job with a 15
conventional POST-approved or POST-participating agency, 16
he’ll have to go to one of those academies and get a job 17
and go through the field training program, as most of the 18
90,000 peace officers in the state have done as well. 19
Our heart goes out to Mr. McCullough. Certainly 20
we’re mindful of the fact, there was an economic 21
downturn. My own agency laid off, I believe, 226 deputy 22
sheriffs. So we’re mindful of that. I have no reason 23
not to believe he had difficulty in gaining employment. 24
This is strictly a matter of has his skill-set 25
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expired. And a skill-set is required to be demonstrated 1
by the capacity of passing a contemporary academy, 2
getting gainfully employed in an agency where you can 3
maintain that skill-set, and continue on with all the 4
POST-mandated training, not the elective training that 5
we’ve shown here, particularly those perishable skills 6
that are critical to make life-and-death decisions and 7
be safe on the roadways. 8
COMMISSION CHAIR DUDLEY: Thank you. 9
MS. LITTLE: Thank you. 10
MR. McCULLOUGH: May I add one more thing? 11
DSH has five campuses, it’s not just one hospital; 12
and we have the same 24 hours of perishable skill 13
training mandated within our agency that any other POST 14
agency does. Even though we’re non-POST, I have to do 15
arrest-and-control techniques, chemical agents, 24-hour 16
CPT every two years. We follow all those standards. 17
COMMISSION CHAIR DUDLEY: Thank you. 18
Yes? 19
COMMISSION VICE CHAIR BRAZIEL: A question. 20
COMMISSION CHAIR DUDLEY: Commissioner Braziel. 21
COMMISSION VICE CHAIR BRAZIEL: There was reference 22
to the sister agency being a POST agency. Is that 23
accurate? And what’s the difference between the two 24
of -- 25
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MR. LOGGINS: Off the top of my head, I’d have to 1
reference the Penal Code. There’s literally probably 2
30 or 40 different designations of peace officers. 3
COMMISSION VICE CHAIR BRAZIEL: No, I guess the 4
question was -- their sister agency, which they go back 5
and forth between, is a POST agency. 6
Is that agency a POST agency, is the question 7
I have. 8
MR. LOGGINS: With 600, I couldn’t tell you off the 9
off the top of my head, Commissioner. I’d actually have 10
to look at that. 11
I have no reason to disbelieve him. Having said 12
that, if there are a POST-participating agency, it’s 13
because the agency has voluntarily elected to join the 14
program and voluntarily elected to make sure every one 15
of their incumbent officers follows the mandates and 16
regulations prescribed by POST, which are extremely 17
robust and far above that which is mandated, the minimal 18
in the Penal Code. 19
COMMISSION CHAIR DUDLEY: Okay, thank you. 20
MR. LOGGINS: Thank you. 21
MR. DARDEN: The matter submitted? 22
MS. LITTLE: Submitted. 23
MR. DARDEN: Okay, thank you. 24
COMMISSION CHAIR DUDLEY: Okay. The Advisory 25
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Committee Chair, Mr. Marcelo Blanco, will report on the 1
Advisory Committee meeting held yesterday. 2
ADVISORY COMMITTEE CHAIR BLANCO: Well, we had 3
quite a lengthy meeting and a lot of good dialogue. A 4
lot of it was shared today with you as some of the items 5
that came up; so there wasn’t anything out of those items 6
that I would need to add in the report. 7
What is not included is, we elected a new chair, and 8
that’s Mr. Randy Waltz, who is sitting in the audience. 9
So he will be taking over at the next meeting; and a new 10
vice chair, which is Chief Spagnoli from Beverly Hills. 11
And that’s all I have. 12
COMMISSION CHAIR DUDLEY: Okay. Are there any 13
questions for the Advisory Committee? 14
(No response) 15
COMMISSION CHAIR DUDLEY: Do I have a motion to 16
accept the Advisory Committee report? 17
COMMISSIONER BUI: Bui. Motion. 18
COMMISSIONER MOORE: Moore. Second. 19
COMMISSION CHAIR DUDLEY: Okay, no further 20
discussion? 21
(No response) 22
COMMISSION CHAIR DUDLEY: All in favor? 23
(A chorus of “ayes” was heard.) 24
COMMISSION CHAIR DUDLEY: And all opposed? 25
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(No response) 1
COMMISSION CHAIR DUDLEY: The motion passes. 2
Moving on to correspondence. 3
To POST from Donnie Youngblood, President, 4
California State Sheriff’s Association, requests the 5
appointment of Steve Moore, Sheriff, San Joaquin County 6
as the replacement for Edward Bonner, Sheriff, retired, 7
Placer County, as the association representative on the 8
POST Advisory Committee. 9
From POST to: 10
Jeff Piper, Chief, Whittier Police Department, 11
expressing sympathy over the tragic on-duty death of 12
Keith Boyer -- Officer Keith Boyer. 13
Joseph Farrow, Commissioner, California Highway 14
Patrol, expressing sympathy over the tragic on-duty death 15
of Officer Lucas Chellew. 16
Greg Ahern, Sheriff, Alameda County Sheriff’s 17
Department, expressing sympathy over the tragic on-duty 18
death of Deputy Michael Foley. 19
Adam Christianson, Sheriff, Stanislaus County, 20
Sheriff’s Department, expressing sympathy over the tragic 21
on-duty death of Deputy Jason Garner; and 22
Adam Christianson, Sheriff, Stanislaus County 23
Sheriff’s Department, expressing sympathy over the tragic 24
on-duty death of Community Service Officer Raschel 25
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Johnson. 1
We will now have a report from Assistant Executive 2
Director Dave Cornejo. 3
MR. CORNEJO: Thank you, Madam Chair. 4
I’ll try to keep this brief. 5
As Commissioner Long mentioned, we had a discussion 6
at the Finance Committee yesterday. And POST proposed a 7
path forward on how we could increase competition and how 8
we can incentivize innovation and creativity in our 9
contracts. 10
POST plans to provide a written status report at the 11
next couple of meetings on that progress. 12
Thank you. 13
If there are any questions? 14
COMMISSION CHAIR DUDLEY: And that was Old Business. 15
Anything else on that? 16
(No response) 17
COMMISSION CHAIR DUDLEY: Okay, we’ll have a report 18
from Executive Director Alvarez. 19
EXECUTIVE DIRECTOR ALVAREZ: Okay. At the last 20
Commission meeting, there was a lot of discussion about 21
how we do course reimbursement or training reimbursements 22
to agencies. As was mentioned yesterday, we sent out a 23
bulletin about a week and a half ago, extending our 24
reimbursable list to the end of the year. But what we 25
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are doing, based on the comments from the commissioners 1
in February, we’re going to take a look at how we 2
reimburse courses. We’ve already had one series of 3
meetings. 4
Assistant Executive Director Scott Loggins is going 5
to spearhead this effort on coming up with a better way 6
or possibly some different ways to assist agencies with 7
training monies. 8
We think that some of the smaller agencies in rural 9
areas are mostly impacted by our budget constraints, and 10
we have various ideas on how to go about that. 11
We’ve set an internal deadline -- a soft deadline of 12
August 31st, to have a series of meetings and some ideas 13
to present to you all at the next commission meeting. 14
So I just wanted to let you know that we are taking 15
those topics under consideration. 16
COMMISSION CHAIR DUDLEY: Thank you. 17
Okay, as to New Business, the first and only item is 18
a motion to approve Sheriff Moore to the Advisory 19
Committee. 20
Do I have a motion to approve? 21
COMMISSIONER DOYLE: So moved. Doyle. 22
COMMISSIONER LINDLEY: Second. Lindley. 23
COMMISSION CHAIR DUDLEY: And all in favor? 24
(A chorus of “ayes” was heard.) 25
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COMMISSION CHAIR DUDLEY: All opposed? 1
(No response) 2
COMMISSION CHAIR DUDLEY: Any further discussion? 3
(No response) 4
COMMISSION CHAIR DUDLEY: The motion passes. 5
Okay. Now, moving onto the future dates. All of 6
these meetings will be in West Sacramento. 7
October 25th through 26th, 2017. 8
February 7th through February 8th, 2018. 9
June 20th and 21st, 2018. 10
October 17th through 18th, 2018. 11
Okay, we will now ask all the attendees to exit the 12
room, and we’ll reconvene in general session at the 13
conclusion of our closed session. 14
I’m going to ask Mr. Cornejo to stay, please. 15
(Recess from 1:11 p.m. to 1:12 p.m.) 16
(The Commission met in closed executive 17
session from 1:12 p.m. to 2:12 p.m.) 18
(Commission Chair Dudley left the meeting 19
room for the day.) 20
(The Commission returned to open session 21
at 2:12 p.m.) 22
COMMISSION VICE CHAIR BRAZIEL: So I don’t know the 23
exact language, but we’re now coming back out of closed 24
session, back into open session. 25
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And can we get a report out from our counsel? 1
MR. DARDEN: Thank you. 2
So in closed session, we discussed legal matters. 3
There were two issues. 4
One involved the Executive Director. There was a 5
unanimous vote in closed session to approve an increase 6
to his salary effective September 5th, to where he would 7
be permitted then to go to the top step of the salary 8
range in effect at that time, as of September 5th. 9
There was a second vote on the deliberations of the 10
appeal of Mr. Terence McCullough. It was, again, a 11
unanimous vote to deny the appeal in its entirety. The 12
Chair has been delegated the authority to sign the 13
opinion, which will be prepared by regulation. 14
And that was it. 15
COMMISSION VICE CHAIR BRAZIEL: Perfect. 16
Any additional comments? 17
COMMISSIONER DOYLE: No. 18
COMMISSION VICE CHAIR BRAZIEL: I’ll take a motion 19
to adjourn the meeting. 20
COMMISSIONER DOYLE: So moved. Doyle. 21
MR. DARDEN: Okay, all right, we’re adjourned. 22
COMMISSION VICE CHAIR BRAZIEL: We’re adjourned. 23
Thank you. 24
MR. BROWN: This meeting, this takes a lot of work 25
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to put together; and I want to take a second and 1
acknowledge David Cheng, one of my employees, for doing 2
a great job of putting all this together. 3
COMMISSION VICE CHAIR BRAZIEL: So you have a name? 4
MR. BROWN: One of Connie’s -- 5
COMMISSIONER BUI: Good job, good job. Good job, 6
David. 7
MR. BROWN: So thank you very much. 8
COMMISSIONER LONG: Thanks, guys. 9
(The Commission meeting concluded at 2:14 p.m.) 10
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REPORTER’S CERTIFICATE
I hereby certify:
That the foregoing proceedings were duly reported by
me at the time and place herein specified; and
That the proceedings were reported by me, a duly
certified shorthand reporter and a disinterested person,
and was thereafter transcribed into typewriting.
In witness whereof, I have hereunto set my hand on
July 3rd, 2017.
___________________________________ Daniel P. Feldhaus California CSR #6949 Registered Diplomate Reporter Certified Realtime Reporter