Course Outline of Record

Item	Value
Curriculum Committee Approval Date	02/20/2018
Top Code	210500 - Administration of Justice
Units	1 Total Units
Hours	24 Total Hours (Lecture Hours 24)
Total Outside of Class Hours	0
Course Credit Status	Credit: Non-Degree Applicable (C)
Material Fee	No
Basic Skills	Not Basic Skills (N)
Repeatable	No
Grading Policy	Pass/No Pass (B)

Course Description

This course is designed for those California law enforcement agency employees that are being assigned as a training manager responsible for implementation of California Commission on Peace Officer Standards and Training (POST) guidelines. This course will allow the training manager to attain POST compliance regarding legal issues associated with training, determining individual and organizational training needs, and training records management. Not Transferable.

Course Level Student Learning Outcome(s)

1. Course Objectives
2. Evaluate how POST training regulations impact departmental training.
3. Analyze existing and potential training courses for liability issues related to law enforcement.

Course Objectives

• 1. Use techniques of training, communication, and adult learning theory.
• 2. Will describe the legal aspects and liability of training.
• 3. Assess and document the performance of a trainee and the presentation of the evaluation.

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Lecture Content

POST Homepage POST News Archive contains all POST News dating back to 2007 Archives Bulletins Monthly Reports Proposed Regulatory Changes Administrative Progress Report (APR) Monthly report of the status of POST projects Archived reports are available online Proposed revisions to regulation Revisions to amend training standards, training and testing specifications, courses, and/or course certification requirements Includes the proposed changes to the regulation text and what the changes will accomplish Quick links topics Certificate regulations with links to information and regulations about Peace Officer, Public Safety Dispatcher and Records Supervisor certificates Law enforcement agencies list Alphabetical listing of POST-participating agencies and departments Links to external contact information of federal and international law enforcement agencies, and special interest associations Law enforcement news on the web Collection of California law-enforcement related articles from around the web, published daily Provides links to web articles as an automated service POST Administrative Manual (PAM) Contains information about the POST Program A jurisdiction or department, if accepted into the POST program, must adhere to the regulations in the manual POST Bureaus Eight (8) Bureaus POST library On-site at POST Stillwater Road, Sacramento Offices Journals Command College papers Research Statistical Legal Proposed Training and Testing Specifications (TTS) revisions Regulatory Actions Processes Selected regulations from the POST Administrative Manual (PAM) Regulation 1007, Reserve Officer Minimum Training Standards Reserve Levels I, II, and III Includes minimum training requirements, field training requirement, exemptions, and CPT information for each level Regulation 1009, Academy Instructor Certificate Program (AICP) Academy Instructor Certification Program Academy Instructor Certificate Requirements Triennial Re-certification Requirement Regulation 1011, Certificates Peace officers Certificate categories and levels Certificate award requirements Peace officer disqualification and certificate records Public safety dispatchers Application requirements Certificate award requirements Records supervisors Application requirements Records supervisor certificate award requirements Regulation 1015, Reimbursements Proportionate reimbursement Requests for reimbursement Training expenses may be claimed only once Back-fill (replacement)/Days-off reimbursement Regulation 1052-1056, Requirements for Course Certification Only courses for which there is an identifiable and unmet need shall be certified The following information, provided to POST via the EDI, constitute a complete course certification requests: Course Administration information Course instructor resume for each instructor assigned to instruct in any POST certified/approved course Course budget if the proposed course will require a tuition Expanded course outline Hourly distribution schedule Regulation 1070, Minimum Training St andards for Instructors of POST-Certified Specialized Training Minimum training standards Specialized subjects and training course requirements Equivalency process Proof of completed training course Regulation 1081, Minimum Standards for Legislatively Mandated Training Training mandated by the Legislature for peace officers and other groups for which the Commission has responsibility to establish minimum standards Testing is required to demonstrate competency Course Catalog List of courses Listed alphabetically Search by course title key words Presenters Listed alphabetically Search by presenter name Link to multimedia courses DVDs Learning Portal Regional Training Map Ten Regions Consultant assignments by region Support staff POST Training Videos Telecourse series Designed to assist law enforcement training managers and instructors in meeting specific training needs or legislative mandates for their agency Divided into short, roll-call length sections totaling two hours May be used to satisfy Continuing Professional Training (CPT) Case Law Today Series Features developments in case law that directly affect California peace officers Each monthly episode is a maximum one hour in length Publications Administrative Progress Report (APR) Monthly report Informs POST Commissioners and the California law enforcement community recent progress on POST projects instructional programs under development Proposed Assembly Bills Regulatory Action Proposals< / Special Messages Hiring Standards Changes Training Standards Changes Student workbooks Regular Basic Course PC 832 Arrest and Firearms Course Modular format Specialized Investigators Basic Course Requalification Course Conclusion of POST Presenters Portion Q & A Developing a Training Plan Recognize the importance and need of having a Department Training Plan and what it contains Ensures meeting POST standards, mandates and certifications Is an aid in countering "Liability" and claims of "Failure to Train" Recognize ideas and suggestions on how to go about designing and using a formal Department Training Plan/establishing Training Needs Assessment (TNA) Utilization of Training Manager System (TMS) or similar computer based program that has a training plan template Identify needs that are mandated/immediate in nature Identify fiscal, supply and equipment resources within the department Recognize that there are various types of training plans designed to assist the Training Manager and departments Annual Training Plan: formulated on an annual basis, follows the fiscal year budget cycle Short Term/Monthly Plan: contains same information as an annual plan but covers a lesser period of time for specialty positions Liability Issues for Training Training managers must recognize a departments need to understand the areas of liability Training managers must recognize the hot button areas of civil liability Use of force Dealing with persons with Mental Health issues Sexual harassment Discrimination Training managers must recognize the need to h ave appropriate policies Training managers must recognize that the key to success is strengthening policy Policies are aimed at being proactive in reducing liability Policies set a standard of performance, supervision and consequences Training managers must recognize the inter-connectedness of policy, training and discipline Policy is only as effective as the training in the substance and requirements of that policy If training is weak, unfocused or non-existent, then the policy will not be followed Training managers must recognize the need to have appropriate training Failure to train to an Established Standard - Government Liability - 42 USC 1983 To substantiate government liability for failure to train, the plaintiff must assert Recognize that documentation of training provides evidence to show the department was diligent in reducing violations of civil rights of the public People v. Carter Training is ongoing Training ensures LEOs conform to State Law Agency policy is based on state standards set forth in POST Recognize the importance of having quick, thorough access to training logs Respond to an SDT Testify in court Respond to a civil discovery order Recognize that documentation of training will show areas of concern within the organization Use of force policies Pursuit policies Policies regarding rendering of aid etc. Recognize the importance of not retaining inadequate employees Keeping employees when it is known they cannot perform the minimal duties of the position Liability to the public Liability to other officers Liability to the Organization and the City, County or State Recognize the liabilities for failing to train and failing to supervise A municipality may incur liability under a theory of "condonation" by failure to discipline: Condoning the offensive behavior Training managers must keep their supervisors apprised of program issues arising Recognize the legal basis for a civil law suit Civil rights violations (4th, 14th Amendment) Failing to prevent through training, or allows or fails to prevent, a violation of the Constitution Recognize the importance of Risk Management Manage risk ID risks Set up control measures UP FRONT to prevent bad things from happening Be proactive in managing risks If the only time we study events is when we have a tragedy, then we are missing the boat Example: Can we have a "successful" pursuit, yet at the same time have numerous policy violations? When things go wrong, there is usually a reason why If you fail to properly identify the cause, then the tragedies will keep happening Recognize the consequences of failing to do the above Lawsuits Embarrassments Internal investigations Criminal filings Recognize training requirements regarding sexual harassment and discrimination California ASSEMBLY BILL 1825 Effective 1/1/05 Employers with over 50 employees All supervisory employees Including FTOs Establishes minimum threshold for training and education Recognize hidden dangers of harassment Be aware of "indirect" reports "X is just weird" "Can I not go to conference with him/her" Conversation outside of work Conversation that starts with "Dont tell any one..." Complainant does not have to use specific terms Supervisor knowledge = agency knowledge Did agency know or "should have known" Management of Training Records Summary of Course to Date Instructor asks for input regarding "key learnings" from the course Training Records Systems components of a Training Records System Agency training plan Individual employee files Training budget records Audit procedure for training records Course files Training/course files for special units (SWAT, canine, hostage unit, mounted unit, motorcycle unit, bicycle unit, snipers, bomb unit, FTO program, volunteers, etc.) Ability to retrieve information and backup files Handout is a road-map of their duties as a Training Manager Legal requirements for department training records Records retention Gov Code 34090 and 26202 Each city and county has legal requirements for retaining records Length of time is specific to agency but cant be less than two years If not absolutely sure, students need to find out what their agencys rules are for records retention Gov Code 34090.5 Not necessary to retain original documents Other storage methods allowed Proper system that does not allow records to be altered Importance of backing-up records Release of records Penal Code 832.7 Definition of Personnel Record 832.8PC Individual Employee training file is a confidential personnel record Security of employee training files (off-site storage, limited and key only access, sign-out sheets) Gov Code 6254(c) Non-disclosure of personnel files G ov Code 6255 Not all records are subject to disclosure; exemptions may exist for officer safety issues (firearms, defensive tactics, SWAT, etc.) Penal Code 13302 and 13303 Misdemeanor violation for improper release of records POST requirements for training files Post audits of CPT Clarify CPT requirements All sworn peace officers in POST agencies 24 hours every 24 months Perishable skills requirements for Supervisors and Officers (4 hours of firearms, 4 hours of defensive tactics, 4 hours of driving skills, and 2 hours of tactical communications) Maintenance of course files Material to include in every course file Expanded lesson plan (including safety plan, hourly distribution, resource list for material used) Current instructor resumes List of attendees, location of training Handouts Evaluations (discuss value of retaining only summary of evaluations) Vides used during course POST, Community College, and department guidelines for appropriate video Copyright issues PowerPoint slides Test and test results (discuss value of pass/fail tests) Course file (physical or electronic) should be sufficient for a subject matter expert (SME) Present the course on short notice Importance of maintaining files for "outside" training Training plan records Access to training plan Creating electronic access Maintaining updated paper copies Providing training plan to others Procedure for updating training plan Safety plans Importance of safety plans for all courses Reduction of injuries and liability < POST Safety plan requirements POST Regulations 1042(a) and 1052(a) (7) Examples of safety issues for traditional classroom training First aid kits, identify location when calling 911, students with advanced first aid training (EMTs, Paramedics, Nurses), location to meet in case of major event (fire, earthquake) Additional safety considerations for remote training locations Cell phone use Access for fire and ambulance First aid kits Safety plans for Community College course Required paperwork for reported injury Department and/or Community College forms Sending injured student to correct facility for IOD treatment Other notifications in event of injury Conclusion Two students at each table share info on one or two things they will do when they return to work, based on info from this block on training records

Method(s) of Instruction

• Lecture (02)

Instructional Techniques

Lecture, group activity demonstrations and peer review.

Reading Assignments

POST Administrative Manual.

Writing Assignments

Mock evaluation and training plan.

Out-of-class Assignments

Readings as assigned.

Demonstration of Critical Thinking

Small group assignments will be given, including the development of a mock annual employee training plan and liability case studies and outcomes.

Required Writing, Problem Solving, Skills Demonstration

Mock interviews.

Eligible Disciplines

Administration of justice (police science, corrections, law enforcement): Any bachelors degree and two years of professional experience, or any associate degree and six years of professional experience.

Textbooks Resources

1. Required POST. POST Administrative Manual, ed. POST, 2017