POST Monthly Report

November 2011


Recent events in the “Occupy” movement suggest that the dynamics of modern day civil disobedience are different from those of the past and call for a review of existing strategies and tactics.

POST’s Crowd Management and Civil Disobedience Guidelines were last updated in 2003. In light of recent events, staff is planning a summit on crowd control in early 2012. The dates and location of the summit will be announced in the near future. Items on the agenda will include: Use of Force, Conflict Resolution in Crowd Control Situations, Use of Social Media by Protest Organizers, Organizational Strategies of Protest Coordinators, and more. Information gained from the summit will be used to update the guidelines document and identify “best practices” for dealing with civil disobedience encountered in the Occupy movement.

On November 28, POST received the following letter from Governor Brown, expressing his concern about tactics used to evacuate Occupy encampments and for the civil rights of protesters to peacefully assemble:

Dear Mr. Cappitelli,

As I indicated to you in our conversation today, I am seriously concerned that the rules governing the use of force, in particular the use of pepper spray, are not well understood in the context of civil disobedience and various forms of public protest. The recent “occupation” protests in cities throughout California and on campuses of the University of California underscore the urgency of articulating guidelines that are crystal clear and comport with constitutional requirements.

In view of widespread public concern, I am requesting that POST carefully review its’ 2003 Crowd Management and Civil Disobedience Guidelines and, without delay, make whatever changes are necessary to ensure compliance with First and Fourth Amendment protections against excessive force.


Edmund G. Brown Jr.

On November 29, POST responded to the Governor’s letter as follows:

Governor Brown:

I have received your letter to the Commission dated November 28, 2011. The Commission on Peace Officer Standards and Training (POST) shares your concerns regarding California’s law enforcement response to civil disobedience and public protest. In early November, POST Staff initiated efforts to assess existing training resources to ensure they are consistent with current law. The 2003 POST Crowd Management and Civil Disobedience Guidelines document is an integral part of this review process.

As part of the ongoing assessment of the “Occupy” protests in California, POST is planning a Summit to address issues related to the management of critical incidents specifically crowds, protests and civil unrest. To facilitate this effort, we are in the process of forming partnerships with key California law enforcement associations and other relevant stakeholders. We anticipate that the Summit will take place within the first quarter of 2012 and we will keep your office informed as planning progresses.

On behalf of the POST Commission, be assured that this issue will be given immediate attention. Please contact me directly should you have further questions or concerns.


Executive Director

Questions about the forthcoming Summit may be directed to Public Information Officer Karen Lozito, Executive Office, at (916) 227-2085 or to Assistant Executive Director Dick Reed, Executive Office, at (916) 227-2803.


POST’s “career pipeline” concept was featured in an article in the November edition of the International Association of Chiefs of Police (IACP) Police Chief magazine. The article, ”Establishing a Career Pipeline in Public Schools,” was one of three peer-reviewed manuscripts accepted for publication on the topic of innovative education and training programs. The article describes work on POST Strategic Plan Objective B.8.08, “Study the feasibility of a model school-based program that can be replicated statewide.” As summarized in the IACP’s editorial lead-in to the article, the career pipeline concept is intended “to engage potential career aspirants in their formative years and to lay a foundation for character development, behavioral decisions, and actions consistent with the expectations of the profession.” POST’s research revealed that the incidence of failure by applicants for law enforcement positions is often traceable to their adolescence, in the form of deficiencies in academics, subpar fitness levels, and character deficits. Several school-based public safety programs in California have demonstrated significant success in preventing behaviors that lead to disqualification or poor performance on testing for law enforcement positions.

POST’s role in the school-based public safety program is to assist law enforcement agencies in developing their own career pipelines, thereby increasing the percentage of candidates qualified for law enforcement positions. A methodology for collaborating with educational institutions to build a career pipeline is being detailed in a program guide, with an accompanying DVD, that is projected for completion in January 2012.

Action on the Strategic Plan objective has engendered wide interest. At the State level, POST has been invited to be a lead presenter at the annual February conference of the California Career Pathways Consortia and California Partnership Academies. In addition, POST has accepted an invitation from the National Partnership for Careers in Law Enforcement to be a partner in an endeavor to create a model national career pipeline framework for law-enforcement-related careers.

Questions about the school-based public safety program and program guide may be directed to Senior Consultant Greg Kyritsis, Center for Leadership Development Bureau, at (916) 227-2822.


The POST Instructor Development Institute (IDI) contracts with Napa Valley College – Criminal Justice Training Center, for the presentation of Levels I (Basic/Academy Instructor Certification Course (AICC)) and II (Intermediate) instructor training courses. Since March 1, 2008, the Commission Regulation has required all instructors of POST-certified regular basic course training to successfully complete Level I or its equivalent prior to providing classroom instruction. Instructor training for Academy staff was developed in 2005 and implemented on a voluntary basis. To date, 5,057 student instructors have completed training in Levels I and II, Basic and Advanced Technology, and the 24-hour Critical Thinking Course.

Questions about the Instructor Development Institute may be directed to Senior Consultant Anne Brewer, Training Program Services Bureau, at (916) 227-4895.


The Department of General Services (DGS) hosted the 12th Annual State Agency Recognition Awards (SARA) presentation during November. The SARA honors State departments for outstanding achievements in Small Business (SB) advocacy and for contracting success with Small Businesses and Disabled Veteran Business Enterprises.

Heather Camp, Contracts Officer, was nominated for Small Business Advocate of the year and Administrative Services Bureau’s (ASB’s) Business Services section, under the management of Al Jorrin, was nominated for furthering the “Best Practice” activities for Small Business and Disabled Veteran Business Enterprises.

Ms. Camp and the ASB’s Business Services Section received certificates of appreciation from DGS for their good work.

Questions about the State Agency Recognition Awards may be directed to Bureau Chief Darla Engler, Administrative Services Bureau, at (916) 227-3907.


The Physical Training Instructor Course was presented during November at the Sacramento Police Academy. It was the fourth and final presentation of this course for 2011. In all, 82 instructors were trained on the new Basic Course physical training curriculum that will be required effective January 1, 2012. In the last two presentations, instructors from Sacramento Police Department, San Diego Police Department, San Diego County Sheriff’s Department, and Orange County Sheriff’s Department assisted in training the new instructors.

Questions about the Physical Training Instructor Course may be directed to Personnel Selection Consultant Michael Catlin, Standards and Evaluation Services Bureau, at (916) 227-2570.


The Peace Officers Research Association of California (PORAC) annual conference was held in November at the Grand Sierra in Reno.

POST Executive Director Paul Cappitelli and Senior Consultant Robert “R.C.” Smith delivered a 2-hour session entitled “Police Driving – Russian Roulette behind the Wheel.”

For the past 13 years, vehicle-related collisions have been the leading cause of law enforcement line-of-duty deaths. More officers are killed or suffer career ending injuries from traffic collisions than from firearms or assaults. This presentation emphasized the scope of the problem and highlighted common causes of law enforcement traffic collisions. The presenters described the on-going efforts of the POST SAFE Driving Campaign to reduce this toll by changing attitudes, improving training, increasing accountability, and mobilizing leadership. Best practices and strategies aimed at reducing the fatality and serious injury rates resulting from on-duty traffic collisions were presented.

SAFE stands for Situation-Appropriate, Focused, and Educated driving. “Situation-Appropriate” recognizes the need for officers to modify their driving for varied situations and for trainers, supervisors, and chiefs or sheriffs to establish and reinforce what is appropriate for their agency. “Focused” addresses the many concerns related to roadway position, distraction, fatigue, and multi-tasking. “Educated” refers to both training and policy, and the need for officers to apply what they learn from these areas to their driving.

Questions about the SAFE Driving Campaign may be directed to Senior Consultant Robert "R.C." Smith, Training Program Services Bureau, at (916) 227-3902.


The Deadly Weapons Recodification Act of 2010 (SB 1080, 2010 Cal. Stat. ch. 711) reorganized the statutes governing control of deadly weapons, without changing their substance. While conducting workshops throughout the state, Basic Training Bureau staff noted a lack of awareness regarding the January 1, 2012 changes.

The California Law Revision Commission, to assist persons using those laws, prepared a disposition table showing where each provision was relocated. The Commission's staff later updated that table to reflect legislation enacted in 2011. To further assist persons using the deadly weapon statutes, the Commission's staff also prepared a reverse disposition table, which lists each new code section and shows its source. Both documents can be located at the Commission’s Website at:

Questions about the Deadly Weapons Recodification Act may be directed to Senior Consultant Robert Ziglar, Basic Training Bureau, at (916) 227-4259.


The annual COPSWEST trade show and training was held in November at the Ontario Convention Center.

POST Executive Director Paul Cappitelli, Senior Consultant Robert “R.C.” Smith, Dr. Bryan Vila of Washington State University, Spokane, and a member of the SAFE Driving Campaign Research Team delivered a 2-hour session entitled “Fatigue, Fitness and Fast Cars: Keys to SAFE Driving in your Agency.”

This team of presenters described best practices and strategies identified through the on-going efforts of the POST SAFE Driving Campaign. Driving a patrol car is, statistically, the most dangerous task in law enforcement. This session discussed common causes of law enforcement traffic collisions and provided real-world interventions that can be implemented to reduce the incidence of officer’s involved-traffic collisions. The presenters identified both personal and agency strategies that support Situation-Appropriate, Focused, and Educated driving to help officers get home safely at the end of the shift.

Questions about the SAFE Driving Campaign may be directed to Senior Consultant Robert "R.C." Smith, Training Program Services Bureau, at (916) 227-3902.


Staff and subject matter resources (SMRs) convened to discuss the next phase of the report writing project–video development. Subject matter resources collectively identified the number of videos needed for course presentation along with the crimes and administrative topics to present in the video scenarios. In addition, SMRs developed scripts which included “grading points” that define issues that need to be tested. Staff is reviewing and editing the scripts before they are presented to POST’s Learning Technology Resources Bureau for development of the DVD video elements.

Questions about the LD 19: Investigative Report Writing Project may be directed to K.J. (Jon) Von Brauch, at (510) 329-4742; or Personnel Selection Consultant, Chau N. Chan, Standards and Evaluation Services Bureau, at (916) 227-4836.


The following are bills in Legislative Session 2011/12 on which the Commission has taken, or will consider taking, a position.

Bill # and Author Title, Summary, and Commission Position Status of Bill

SB 428


Public Safety Omnibus Bill. This bill, in part, would make non-substantive changes to Section 13540 of the Penal Code.


Commission Position: Support.


AB 308


Criminal investigations: eyewitness identification: lineups. This bill, as amended, would require the DOJ, in consultation with POST and other specified entities, to develop guidelines for policies and procedures relating to eyewitness lineup identifications.

Commission Position: Neutral.

Held in Senate Appropriations Committee 8/25/11

AB 770


Emergency telephone systems. This bill, in part, would add one representative from the Commission on POST to the State 911 Advisory Board. The bill would also require the review and update of technical and operational standards for public agency systems to include standards for recruitment and training of public safety dispatchers.

Commission Position: Support.

Held in Senate Appropriations Committee 8/25/11


Questions about the Legislative Updates may be directed to Legislative Liaison Karen Lozito, Executive Office, at (916) 227-2085.

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The Administrative Progress Report is a monthly status report that informs POST Commissioners and the California law enforcement community of recent progress on POST projects and instructional programs under development, and other information of importance to our mission to continually enhance the professionalism of California law enforcement.

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