2019 02-21 POST Commission
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STATE OF CALIFORNIA COMMISSION ON PEACE OFFICERS STANDARDS AND TRAININGS POST COMMISSION MEETING OPEN SESSION THURSDAY, FEBRUARY 21, 2019 9:39 A.M. SAN BERNARDINO SANTA FE DEPOT 1170 WEST THIRD STREET SAN BERNARDINO, CALIFORNIA REPORTER'S TRANSCRIPT OF PROCEEDINGS Stenographically Reported by: Kathryn S. Swank California Certified Shorthand Reporter #13061 Registered Professional Reporter KATHRYN S. SWANK, CSR, RPR (916) 390-7731 POST Commission Meeting, February 21, 2019 1 A P P E A R A N C E S 2 POST COMMISSIONERS PRESENT 3 JOYCE DUDLEY 4 (Commission Chairperson) Santa Barbara District Attorney 5 Santa Barbara County 6 RICK BRAZIEL (Vice Chairperson) 7 Educator Humboldt State University 8 ALAN BARCELONA 9 Special Agent Department of Justice 10 LAI LAI BUI 11 Sergeant Sacramento Police Department 12 THOMAS CHAPLIN 13 Chief Walnut Creek Police Department 14 BARRY DONELAN 15 Sergeant Oakland Police Department 16 KEVIN GARDNER 17 for XAVIER BECERRA, Attorney General Department of Justice 18 (Ex Officio Member) 19 GEOFF LONG Public Member 20 (Chair, Finance Committee) 21 JOHN McMAHON Sheriff 22 San Bernardino County Sheriff's Department 23 JETHROE MOORE II Public Member 24 JAMES O'ROURKE 25 Sergeant California Highway Patrol 2 KATHRYN S. SWANK, CSR, RPR (916) 390-7731 POST Commission Meeting, February 21, 2019 1 A P P E A R A N C E S C O N T I N U E D 2 POST COMMISSIONERS PRESENT (CONTINUED) 3 BATINE RAMIREZ 4 Sergeant Placer County Sheriff’s Department 5 LAURIE SMITH 6 Sheriff Santa Clara County Sheriff's Department 7 WALTER VASQUEZ 8 Chief La Mesa Police Department 9 ---o0o--- 10 POST COMMISSION LEGAL COUNSEL 11 WILLIAM "TOBY" DARDEN 12 Department of Justice Office of the Attorney General 13 ---o0o--- 14 POST COMMISSION ADVISORY COMMITTEE MEMBERS 15 ARTIN BARON 16 (POST Advisory Committee Vice Chairperson) California Coalition of Law 17 Enforcement Associations 18 ---o0o--- 19 POST COMMISSION STAFF 20 MANUEL ALVAREZ, JR. Executive Director 21 Executive Office 22 SCOTT LOGGINS Assistant Executive Director 23 Standards and Development Division Executive Office 24 25 3 KATHRYN S. SWANK, CSR, RPR (916) 390-7731 POST Commission Meeting, February 21, 2019 1 A P P E A R A N C E S C O N T I N U E D 2 POST COMMISSION STAFF (CONTINUED) 3 4 MARIA SANDOVAL Assistant Executive Director 5 Field Services Division Executive Office 6 MEAGAN CATAFI 7 Public Information/Legislative Liaison Executive Office 8 ELENA FERNANDEZ 9 Associate Governmental Program Analyst Executive Office 10 HEIDI HERNANDEZ 11 Executive Assistant Executive Office 12 JIM KATAPODIS 13 Law Enforcement Consultant Training Program Services 14 ANDREW MENDONSA 15 Senior Consultant Management Counseling and Projects 16 JANNA MUNK 17 Bureau Chief Training Program Services 18 MIKE RADFORD 19 Senior Consultant Training Program Services 20 ROSANNE RICHEAL 21 Senior Consultant Basic Training 22 JENNIFER VAN 23 Associate Governmental Program Analyst Training Program Services 24 25 4 KATHRYN S. SWANK, CSR, RPR (916) 390-7731 POST Commission Meeting, February 21, 2019 1 A P P E A R A N C E S C O N T I N U E D 2 ---o0o--- 3 ALSO PRESENT 4 MIKE BARNES 5 Public Participant 6 SHAWN KEHOE Lieutenant 7 Los Angeles County Sheriff's Department 8 MARK KLING Chief 9 Rialto Police Department 10 RON LOWENBERG Dean 11 Golden West College Criminal Justice Training Center 12 TIM McGRATH 13 President Golden West College 14 15 ---o0o--- 16 17 18 19 20 21 22 23 24 25 5 KATHRYN S. SWANK, CSR, RPR (916) 390-7731 POST Commission Meeting, February 21, 2019 1 I N D E X 2 PROCEEDINGS PAGE 3 CALL TO ORDER AND WELCOME 13 4 COLOR GUARD AND FLAG SALUTE 13 Presented by San Bernardino County Sheriff's 5 Department 6 MOMENT OF SILENCE HONORING THE OFFICERS WHO LOST THEIR LIVES IN THE LINE OF DUTY SINCE THE LAST 7 MEETING: 13 8 Sergeant Ron Helus, Ventura County Sheriff's Office 9 Officer Toshio Hirai, Gardena Police Department 10 Deputy Antonio Hinostroza, Stanislaus County Sheriff's Department 11 Corporal Ronil Singh, Newman Police Department 12 Officer Natalie Corona, Davis Police Department 13 ROLL CALL OF COMMISSION MEMBERS 17 14 INTRODUCTION OF POST ADVISORY COMMITTEE CHAIR, 18 15 POST LEGAL COUNSEL, AND THE EXECUTIVE DIRECTOR 16 OPENING REMARKS 18 17 Chief Mark Kling, Rialto Police Department, will provide Opening Remarks. 18 PUBLIC COMMENT 34 19 EXECUTIVE DIRECTOR COMMENTS 39 20 POST Executive Director Manny Alvarez 21 22 23 24 25 6 KATHRYN S. SWANK, CSR, RPR (916) 390-7731 POST Commission Meeting, February 21, 2019 1 I N D E X C O N T I N U E D 2 PROCEEDINGS PAGE 3 APPROVAL OF ACTION SUMMARY AND MINUTES 45 4 A. Approval of the Action Summary and Minutes of the previous Commission meeting 5 Action Summary - October 18, 2018 6 Meeting Minutes - October 18, 2018 7 EMERGING TRENDS 45 8 B. Emerging Trends (held during Opening Remarks) 9 1. Report on Impact of the Dark Web on Law Enforcement's Future by Los Angeles 10 Sheriff's Department Lieutenant Shawn Kehoe 11 CONSENT 12 C. Consent Items 13 (Consent Items 1, 2, 3, and 6 were not 14 discussed.) 15 4. Report on the Status of the Basic 55 Course Pilot Project 16 5. Report on Basic Courses' Testing, 61 17 Remedial Training, and Retesting 18 7. Report on Legislative Update 102 19 FINANCE COMMITTEE 113 20 D. Financial Report 21 The Chair of the Finance Committee will report on the results of the Finance Committee meeting 22 held on Wednesday, February 20, 2019, in San Bernardino, California. 23 24 25 7 KATHRYN S. SWANK, CSR, RPR (916) 390-7731 POST Commission Meeting, February 21, 2019 1 I N D E X C O N T I N U E D 2 PROCEEDINGS PAGE 3 BASIC TRAINING BUREAU 132 4 E. Report on Proposed Changes to the Training and Testing Specifications for Peace Officer 5 Basic Courses 6 EXECUTIVE OFFICE 7 F. Tim McGrath, President, Golden West College 82 in Huntington Beach, will speak on the Fiscal 8 challenges for community college Law and Fire Academies. 9 G. Request to Modify Language in Law Enforcement 133 10 Code of Ethics 11 H. Report on Commission Regulation 1052, 171 Requirements for Course Certification (Pilot 12 Presentation) 13 I. Report on Amendment to Commission Regulation 172 1015, Reimbursement, Creating Plans VI and 14 VII (Regional Training) 15 MANAGEMENT COUNSELING AND PROJECTS BUREAU 180 16 J. Report on Innovative Grant Program 17 TRAINING DELIVERY AND COMPLIANCE BUREAU 111 18 K. Report on the Course Certification Statistics from 9/1/2018-12/31/2018 19 (No Presentation) 20 TRAINING PROGRAM SERVICES BUREAU 21 L. Report on Amendment to Commission 191 Regulation 1052, Requirements for 22 Course Certification 23 24 25 8 KATHRYN S. SWANK, CSR, RPR (916) 390-7731 POST Commission Meeting, February 21, 2019 1 I N D E X C O N T I N U E D 2 PROCEEDINGS PAGE 3 M. Report on Progress of Crisis Intervention 199 Behavioral Health, De-escalation, and 4 Procedural Justice Training 5 COMMITTEE REPORTS 6 N. Sub-Committee 211 7 The Sub-Committee Chair will report on the results of the Sub-Committee meeting held on 8 Wednesday, February 20, 2019, in San Bernardino, California. 9 O. Advisory Committee 214 10 The Advisory Chair will report on the 11 results of the Advisory Committee meeting held on Wednesday, February 20, 2019, in San 12 Bernardino, California. 13 CORRESPONDENCE 217 14 P. Correspondence Sent To and From POST 15 OLD BUSINESS 16 Q. The following items are submitted for discussion: 17 At the October 18, 2018, Commission Meeting, 18 the Commission decided to delay the discussion of the following items until the 19 February 2019 meeting. 20 Appointment of replacement representative to 218 the Advisory Committee. Request to appoint 21 Professor Kathy Oborn, M.S., President of the California Association of Administration 22 of Justice Educators (CAAJE), to the POST Advisory Committee as replacement 23 representative for Bradley J. Young. (Postponed) 24 Steve Moore, Retired Sheriff, San Joaquin 220 County, has nominated Rick DiBasilio, Sheriff, 25 Calaveras County, for appointment to the Advisory Committee. 9 KATHRYN S. SWANK, CSR, RPR (916) 390-7731 POST Commission Meeting, February 21, 2019 1 I N D E X C O N T I N U E D 2 PROCEEDINGS PAGE 3 Brian Marvel, President, Peace Officers 222 Research Association of California (PORAC) 4 has nominated Philip (PJ) Webb for appointment to the Advisory Committee. 5 NEW BUSINESS 6 R. The following items are submitted for New 7 Business discussion. 8 Consideration for next Commission Meetings. 233 9 February 12-13, 2020 - TBD June 3-4, 2020 - POST HQ, West Sacramento 10 October 21-22, 2020 - POST HQ, West Sacramento 11 Executive Director Performance Review - 235 12 May 23, 2019 13 FUTURE COMMISSION DATES 238 14 S. Upcoming Committee Meetings: 15 May 29-30, 2019 – POST, West Sacramento 16 October 23-24, 2019 – POST, West Sacramento 17 CLOSED SESSION (Transcript prepared and bound 238 under separate cover) 18 T. Closed Executive Session 19 1) Conference with Legal Counsel - Existing 20 Litigation: Pursuant to Government Code Section11126(e)(1), the Commission hereby 21 provides public notice that the following pending litigation matters may be considered 22 and acted upon, as necessary and appropriate, in closed session. 23 a) Alice Cotti and Vladimir Serdyukov v. 24 California Department of Social Services et al, United States 25 District Court, Northern District, Case No. 5:18-CV-02980 BLF. 10 KATHRYN S. SWANK, CSR, RPR (916) 390-7731 POST Commission Meeting, February 21, 2019 1 I N D E X C O N T I N U E D 2 PROCEEDINGS PAGE 3 b) Jeremy Maurer v.