July 2018 Report

POST Monthly Report

July 2018

POST REGION 10 TRAINING MANAGERS WORKSHOP

On July 18, 2018, the Commission on POST, in conjunction with Carlsbad Police Department, hosted a training workshop for Region 10 training managers and administrators. Forty-one (41) attendees participated in the workshop held at the Carlsbad Police Department. The meeting was opened with a welcome and workshop objective by Valna Wilson, POST Region 10 Consultant/Manager. Welcoming remarks were delivered by Chief Neil Gallucci. The on-site logistics were handled by Carlsbad P.D. Training Coordinator Heather Hutchinson.

Participants were first asked to introduce themselves to their table group and identify objectives for the workshop. Participants learned a plethora of information across a spectrum of programs and projects within POST. An overview of POST funding, budget and economic challenges were delivered from Training Delivery and Compliance (TDC) Consultant Karen Lozitio. Karen also delivered a POST overview and Bureau functions. POST TDC Consultant Christine Ford presented on the course certification process, tenets of required documents for new course certification and current course modification requirements. Reimbursement plans and courses approved by the Commission for reimbursement were discussed. POST Learning Technology Resources, Learning Portal and available distance learning opportunities from Systems Analyst Catherine Bacon. POST Consultant Valna Wilson presented POST Compliance, presenting an overview of why ‘compliance’ and best practices. Also, a discussion was held on the requirements for meeting Continuing Professional Training and Perishable Skills Program. Valna also conducted a hands-on navigation of POST Electronic Data Interchange functions and how the many reports and information can assist agencies with both personnel and training management systems.

Valna thanked all the Region 10 training managers and administrators for the great work they continue to do in ever increased challenging environments. She expressed her sincere gratitude for all their support, understanding and collaboration during her tenure at POST.

The meeting logistics were coordinated by TDC Analyst Alycia Henry.

The responses from attendees were positive with most stating the workshop was informative, relevant, and timely. The workshop allowed for them to meet their counterparts from other counties and share local regional ideas and practices.

For additional information on the workshop, please contact Law Enforcement Consultant, Karen Lozito in the Training Delivery and Compliance Bureau at (916) 227-0471.

MEET THE NEW POST EMPLOYEES

Yongshun Zhao
Information Technology Specialist I
Learning Technology Bureau

Yongshun comes to POST after a 15-year software engineering career with a machine tool builder (DMGMORI in Davis, California). He earned a PhD degree in Mechanical Engineering from the Nanjing University of Aeronautics and Astronautics in China. Yongshun is now an Information Technology Specialist I in the Learning Technology Bureau where he will work on the development of a courseware development system to implement complex, large-scale, competency-based interactive courseware and related software projects.

Lake Sain-Thomason
Information Technology Specialist I
Learning Technology Bureau

Lake comes to POST directly after graduating from the Oregon Institute of Technology where he earned a Bachelor’s degree in Software Engineering with a minor in Technical Communication. Lake is now an Information Technology Specialist I in the Learning Technology Bureau where he will work on the development of a courseware development system to implement complex, large-scale, competency-based interactive courseware and related software projects.

Virginia Tomek
Associate Government Program Analyst (AGPA)
Training Program Services

Virginia Tomek retired from the Oakland Police Department (OPD), Communication Division after 33 years of distinguished service. Virginia started employment with Oakland as a dispatcher, moving on to become a floor supervisor, administrative supervisor, and communications training coordinator. Virginia is a great example of an individual who has always worked to improve herself and the organization and communities she is a part of. She was the first dispatcher to attend the POST Master Instructor Development Program, wrote the Hill Fire after action report for OPD, has been involved in numerous POST workshops where she has developed many lifelong friendships, and has managed various POST programs for Napa Valley College Criminal Justice Center and Alameda County Sheriff’s Office.

On a personal note, Virginia has been married for 38 years, has 3 dogs, 1 cat, 1 horse, ducks, geese, chickens, and peacocks. She continues to love to laugh and learn, which is why she is such a great fit for TPS!

Glenn Glasgow
Law Enforcement Consultant II - Retired Annuitant
Basic Training Bureau

Glenn comes to POST with 22 years of law enforcement experience. He started his career in the Bay Area and then moved to the Davis Police Department where he retired in October of 2017 as a Police Lieutenant. His experience is in training, SWAT, K9, traffic, and organizational leadership. Glenn earned his Bachelor’s degree from UC Davis and his Master’s degree from the University of Nevada, Reno.

LEGISLATIVE UPDATE – STATUS OF CURRENT LEGISLATION

The following is Legislation assigned to POST in the 2017-18 session and Legislation of interest to POST and Law Enforcement partners. Note: updates were made on 7/9/18.

View a detailed report on legislative matters pertaining to law enforcement not assigned to POST.

Bill # and Author

Title and Summary

Status of Bill

AB 1888

Assembly Member Salas

Peace officers: basic training requirements.

Existing law exempts a deputy sheriff employed by certain counties to perform custodial duties, as specified, from this training requirement as long as his or her assignments remain custodial related. Existing law requires these deputy sheriffs to complete the training course described above before being reassigned from custodial assignments to positions with responsibility for preventing and detecting crime and the general enforcement of the criminal laws of this state. Existing law, until January 1, 2019, exempts a deputy sheriff employed to perform custodial duties from having to retake the training course described above before being reassigned from custodial assignments to positions with responsibility for preventing and detecting crime and the general enforcement of the criminal laws of this state if he or she is continuously employed by the same department, maintains specified skills, and took the training course within the previous 5 years.

This bill would delete the repeal date of this provision, thereby extending the operation of this provision indefinitely.

Introduced date: 1/18/2018

Status: Approved by Governor 6/1/2018; Chapter 17

AB 2327

Assembly Member Quirk

Peace officers: misconduct: employment.

This bill would require each department or agency in this state that employs peace officers to make and retain a record of any investigations of misconduct involving a peace officer in his or her general personnel file or separate file designated by the department or agency. The bill would require a peace officer seeking employment with a department or agency to give written permission for the hiring department or agency to view his or her general personnel file or separate file. Because this bill would increase the duties of local law enforcement agencies, it would impose a state-mandated local program.

Introduced Date: 2/13/2018

Status: Senate appropriations: suspense file.

AB 2349

Assembly Member
Chen

Humane officers: authorization to carry a wooden club or baton.

This bill would authorize a humane officer to carry a wooden club or baton, under specified terms and conditions, if he or she is authorized by his or her appointing society, and he or she has satisfactorily completed the course of instruction certified by the Commission on Peace Officer Standards and Training in the carrying and use of the club or baton. The bill would also make other conforming changes.

Introduction Date: 2/13/2018

Status: Approved by Governor 6/1/2018; Chapter 20

AB 2424

Assembly Member Lackey

Peace officers.

Existing law defines who is a peace officer and specifies the powers of peace officers. This bill would express the intent of the Legislature to enact legislation relating to peace officers.

Introduced date: 2/14/2018

Status: In Assembly

AB 2504

Assembly Member
Low

Peace officer training: sexual orientation and gender identity.

This bill would require the commission to develop and implement a course of training regarding sexual orientation and gender identity minority groups in this state. The bill would require the course to be incorporated into the course or courses of basic training for law enforcement officers and dispatchers and would require the course or courses to include specified topics, including the terminology used to identify and describe sexual orientation and gender identity and how to create an inclusive workplace within law enforcement for sexual orientation and gender identity minorities. The bill would authorize law enforcement officers, administrators, executives, and dispatchers to participate in supplementary training that includes the topics, as specified, in that course of training.

Introduced Date: 2/14/2018

Status: Senate third reading

AB 2876

Assembly Member Jones-Sawyer

Vehicles: removal and impound authority.

Existing law authorizes a peace officer to order the removal and storage of a vehicle under various circumstances including when the driver is incapacitated or has been arrested, the vehicle is unregistered, reported stolen, or has been used in a crime, or the vehicle is parked in a manner obstructing traffic or blocking access to a fire hydrant. Judicial precedent deems the warrantless removal of a vehicle a seizure subject to the protections of the Fourth Amendment of the Constitution of the United States that is permissible only pursuant to a recognized exception to the warrant requirement. Case law permits removal of a vehicle by a peace officer in furtherance of an officer’s criminal investigation function, such as removing a vehicle used in a crime for the collection or preservation of evidence, or pursuant to an officer’s community caretaking function, such as removing a vehicle to safeguard the vehicle’s contents, to ensure the safe flow of traffic, or to remove an illegally parked vehicle or a public nuisance. Case law has held that those statutory authorities that permit the removal of a vehicle when the driver is arrested are based on community caretaking and therefore may only reasonably be relied upon when the removal is reasonably necessary for a community caretaking reason such as safeguarding the vehicle or ensuring the flow of traffic. This bill would clarify that the removal of a vehicle as authorized by California statute is also required to be constitutionally reasonable based on the specific situation. The bill would additionally provide that removal of a vehicle is only reasonable if it is justified by preventing a hazard to other drivers, protecting the public from unsafe drivers, or preventing theft or vandalism. By limiting the circumstances under which a vehicle may be removed without first obtaining a warrant, the bill would impose a state-mandated local program.

Introduced Date: 2/16/2018

Status: Senate third reading

AB 2992

Assembly Member Low

Peace officer training: commercially sexually exploited children.

This bill would require the commission to develop a course on commercially sexually exploited children (CSEC) and victims of human trafficking. The bill would require the course to include specified topics and components including, among others, recognizing indicators of commercial sexual exploitation, appropriate interviewing techniques, local and state resources available to first responders, and issues of stigma. The bill would require the course to be equitable to a course that the commission produces for officers as part of continuing professional training and include facilitated discussions and learning activities, including scenario training exercises. The bill would require the commission to develop the course in consultation with the appropriate community, local, and state organizations and with agencies that have expertise in CSEC and human trafficking and to include meaningful input from survivors.

Introduced Date: 2/16/2018

Status: Senate appropriations suspense file

SB 978

Senator Bradford

Law enforcement agencies: public records.

This bill would, commencing January 1, 2020, require the Commission on Peace Officer Standards and Training and each local law enforcement agency to conspicuously post on their Internet Web sites all current standards, policies, practices, operating procedures, and education and training materials that would otherwise be available to the public if a request was made pursuant to the California Public Records Act. By imposing this requirement on local law enforcement agencies, the bill would impose a state-mandated local program.

Introduced Date: 2/1/18

Status: Assembly appropriations suspense file

SB 1331

Senator Jackson

Peace officers: domestic violence training.

Existing law requires the Commission on Peace Officer Standards and Training to implement a training course for law enforcement officers in the handling of domestic violence complaints and to develop guidelines for officer response to domestic violence. Existing law requires the course to include instruction on specified procedures and techniques for responding to domestic violence, including, among others, the signs of domestic violence, and techniques for handling incidents of domestic violence that minimize the likelihood of injury to the officer and that promote the safety of the victim. This bill would require the course to include procedures and techniques for assessing lethality or signs of lethal violence in domestic violence situations.

Introduced Date: 2/16/2018

Status: Approved by Governor 7/18/2018; Chapter 137

Legislation of interest to POST and Law Enforcement Partners

AB 931

Assembly Members Weber and McCarthy

Criminal procedure: use of force by peace officers.

Existing law authorizes a peace officer to use reasonable force to effect the arrest, to prevent escape, or to overcome resistance. Existing law does not require an officer to retreat or desist from an attempt to make an arrest because of resistance or threatened resistance of the person being arrested.

This bill would, notwithstanding that provision, require peace officers to attempt to control an incident by using time, distance, communications, and available resources in an effort to deescalate a situation whenever it is safe and reasonable to do so.

Under existing law, the use of deadly force resulting in the death of a person is justified when it was necessarily committed in overcoming actual resistance to an arrest, when it was necessarily committed in apprehending a felon who had escaped from custody, or when it was necessarily committed in arresting a person charged with a felony and who was fleeing from justice or resisting arrest.

Existing case law prohibits the use of deadly force by a peace officer unless, among other criteria, there is a reasonable fear of death or serious bodily harm to the officer or another.

This bill would limit the use of deadly force, as defined, by a peace officer to those situations where it is necessary, as defined, to prevent imminent and serious bodily injury or death to the officer or to another person, as specified. The bill would prohibit the use of deadly force by a peace officer in a situation where an individual poses a risk only to himself or herself. The bill would also limit the use of deadly force by a peace officer against a person fleeing from arrest or imprisonment to only those situations in which the officer has probable cause to believe that the person has committed, or intends to commit, a felony involving serious bodily injury or death, and there is an imminent risk of serious bodily injury or death to the officer or to another person if the subject is not immediately apprehended.

This bill would make a homicide committed by a peace officer justifiable only if the use of deadly force by a peace officer was consistent with the aforementioned provisions.

Under existing law, a homicide is justified when a person is acting in self-defense or defense of another, as specified.

The bill would make this defense unavailable to an officerspan style="color: rgb(221, 0, 0);">charged with manslaughter whose actions were such a departure from the expected conduct of an ordinarily prudent or careful officer in the same circumstances as to be incompatible with a proper regard for human life.

Introduced Date: 2/16/2018

Status: Senate appropriations (as amended 6/26/18) suspense file

SB 1421

Senator Skinner

Peace officers: release of records.

This bill would require, notwithstanding any other law, certain peace officer or custodial officer personnel records and records relating to specified incidents, complaints, and investigations involving peace officers and custodial officers to be made available for public inspection pursuant to the California Public Records Act. The bill would provide that this information includes, but is not limited to, the framing allegation or complaint, any facts or evidence collected or considered, and any findings or recommended findings, discipline, or corrective action taken. The bill would require records disclosed pursuant to this provision to be redacted only to remove personal data or information, such as a home address, telephone number, or identities of family members, other than the names and work-related information of peace officers and custodial officers, to preserve the anonymity of complainants and witnesses, or to protect confidential medical, financial, or other information in which disclosure would cause an unwarranted invasion of personal privacy that clearly outweighs the strong public interest in records about misconduct by peace officers and custodial officers, or where there is a specific, particularized reason to believe that disclosure would pose a significant danger to the physical safety of the peace officer, custodial officer, or others. The bill would allow the delay of disclosure, as specified, for records relating to an open investigation or court proceeding, subject to certain limitations.

Introduced Date: 2/16/2018

Status: Assembly appropriations suspense file

ACR 149

Assembly Member Choi

Relative to the Officer and Medal of Valor Recipient Waldron G. Karp Memorial Highway.

This measure would designate a specified portion of Interstate 5 in the City of Tustin as the Officer and Medal of Valor Recipient Waldron G. Karp Memorial Highway. The measure would also request the Department of Transportation to determine the cost of appropriate signs showing this special designation and, upon receiving donations from nonstate sources covering the cost, to erect those signs.

Introduced Date: 1/9/2018