Operational Procedure

I. Authority

The Commission on Correctional Peace Officer Standards and Training (CPOST) was established under the California Penal Code (PC), Sections 13600 through 13603, in July 2015. Pursuant to PC, Section 13600(b), CPOST is within the California Department of Corrections and Rehabilitation (CDCR).

Additional authority for CPOST is within the Memorandum of Understanding (MOU) between the State of California and the California Correctional Peace Officers Association (CCPOA, State Bargaining Unit 6).

CPOST operates pursuant to the Federal Code of Regulations, Title 29, Sections 29 and 30; the California Labor Code, Chapter 4, Division 3; the California Code of Regulations (CCR), Title 8, Division 1, Chapter 2, Sub-chapter 1, Article 4; and the California Government Code (GC), Title 2, Division 3, Part 1, Chapter 1, Article 9.

The CPOST Commission shall adopt rules as it deems necessary for efficient operations, per PC, Section 13600(e). These rules shall be in conformance with the State Personnel Board rules and regulations, the Department of Personnel Administration rules and regulations, and the provisions of the Bargaining Unit 6 MOU.

II. Mission

The mission of the CPOST is to establish standards for the training and professional development of rank-and-file state correctional peace officers, as well as first line and second line supervisory state correctional peace officers. CPOST engages in these efforts to create a broader understanding of the functions and responsibilities of the state correctional peace officer role within the criminal justice system.

In order to accomplish its mission, the CPOST will:

a. Develop, approve, and monitor standards for the selection and training of state correctional peace officer apprentices.

b. Develop, approve, and monitor standards for the Apprenticeship Program across all applicable classifications, including establishing work processes for each classification and verifying the completion of work process hours by apprentices. The Apprenticeship Program Operating Procedures are hereby incorporated by reference.

c. Develop, approve, and monitor standards for first-line and second-line supervisory training.

d. Develop, approve, and monitor standards for supplemental training for correctional peace officer classifications.

e. Toward the accomplishment of these objectives, the CPOST may confer with, and avail itself of the assistance and recommendations of, other state and local agencies, boards, or commissions, as well as subject matter experts.

 III. Executive Director (ED)

a. The ED is responsible for daily operation and oversight of the CPOST support staff, including workload issues, staff vacation and sick leave balances, labor/personnel disputes, personnel actions, etc.

b. The ED is also responsible for administration of policy and oversight functions for CDCR’s Apprenticeship Program.

c. The ED is responsible for keeping the full CPOST commission informed throughout the year, when appropriate, as to occurrences and information that come to the CPOST office in-between meetings.

d. The ED works collaboratively with the CPOST Commission on the development, implementation, and maintenance of a cooperative labor/management approach to review training standards and materials subject to CPOST oversight.

e. The ED is responsible for developing the agenda for all Commission meetings, in addition to chairing the meetings. The agenda and a draft of the previous meeting’s minutes will be distributed to the Commission in advance of the next meeting.

i. In the event that the ED is not available, the CPOST Chairperson will assume the ED’s duties during the meeting.

ii. Should the ED and the Chairperson be unavailable, the Commission shall designate one (1) of the regular members to assume the ED’s duties during the meeting.

iii. The CPOST Vice-Chairperson may serve as the Chairperson for a meeting with another commissioner designated to serve as the Vice-Chairperson.

f. The ED is a non-voting member of the CPOST.

 IV. CPOST Governance

 a. Commissioner Appointment, Resignation, and Vacancy

i. Appointment

A. The Executive Board of CPOST shall be composed of six (6) voting members, and two (2) ad hoc voting members who are specifically appointed to vote on matters pertaining to the training of correctional peace officers employed by the Department of Youth and Community Restoration (DYCR):

1. Three (3) members from, appointed by, and representing the management of CDCR, one (1) of whom shall represent the Division of Rehabilitative Programs. One (1) ad hoc member from the DYCR as appointed by the Director of said Department.

2. Three (3) members from and appointed by the Governor upon recommendation by and representing the membership of CCPOA. Two (2) members shall be rank-and-file persons from Bargaining Unit 6 and one (1) member shall be supervisory. One (1) ad hoc member from, and appointed by the Governor upon recommendation by, and representing the membership of, the California Correctional Peace Officers’ Association to vote on matters pertaining to the training of correctional peace officers employed by the DYCR.

B. Appointments shall be for four (4) years, per PC, Section 13600(c)(1)(C).

C. Promotion of a member of the CPOST shall invalidate the appointment of that member and shall require the recommendation and appointment of a new member if the member was appointed from rank-and-file or as supervisory personnel and promoted out of his or her respective rank-and-file position or supervisory position during his or her term on the Board, per PC, Section 13600(c)(1)(D).

D. Any individual waiting for confirmation of his or her membership to the CPOST must conform to and abide by the Bagley-Keene Open Meeting Act, as though already confirmed (GC, Section 11121.952).

Specifically, each current and unconfirmed commissioner shall abide by GC, Section 11122.5, and shall not participate in any ex parte communications.

ii. Resignation

A. CPOST commissioners serve a term of four (4) years, or:

1. Until succeeded by their respective organization, or

2. In the event of resignation.

B. Resigning CPOST commissioners will notice, in writing, the Chairperson, Vice-Chairperson, and ED, as well as their own sponsoring organization.

 iii. Vacancy

 A. Upon any vacancy, the CPOST shall revert to the appointment process as described in i(A)-i(C) above.

 b. Commissioners

i. Each voting commissioner, will ensure that the CPOST operating procedures, regulations, selection and training standards, and Apprenticeship Program standards are met.

ii. Each voting commissioner will attend and participate in all meetings of the CPOST.

iii. Voting commissioners will serve on CPOST advisory and sub-committees, as appointed, in order for the CPOST to conduct its business.

c. Chairperson

The voting commissioners will elect a chairperson from within the six (6) voting commissioners of the CPOST. Election will be by majority vote and the term will be for four (4) years.

The Chairperson and Vice-Chairperson must be selected one (1) from the i(A)(1) appointments and one (1) from the i(A)(2) appointments, as listed above.

i. Supervision of ED

 A. Specific instructions for work on CPOST policy matters by the ED from commissioners shall be coordinated through the CPOST Chairperson.

 d. Vice-Chairperson

The voting commissioners will elect a vice-chairperson from within the six (6) voting commissioners of the CPOST. Election will be by majority vote and the term will be for four (4) years.

The Chairperson and Vice-Chairperson must be selected one (1) from the i(A)(1) appointments and one (1) from the i(A)(2) appointments, as listed above.

e. Alternate Commissioners

i. CDCR and CCPOA shall appoint one (1) alternate member for each voting member whom it appoints, pursuant to i(A)-i(C) above.

ii. Every alternate member shall possess the same qualifications as a voting member and shall substitute for, and vote in place of, a voting member who was appointed by the same appointing authority whenever the voting member is absent.

iii. Alternate commissioners will attend all meetings of the CPOST.

iv. Alternate commissioners may serve on CPOST advisory committees or sub-committees, as appointed.

V. Responsibilities of CPOST Commissioners

a. It is critical that individual Commissioners not intervene or become involved in the day-to-day CPOST office operations.

b. The voting commissioners of CPOST shall adopt rules as it deems necessary for efficient operations (PC, Section 13600(e)).

c. Develop, approve, and monitor standards for: 

i. The selection and training of state correctional peace officer apprentices, including psychological screening, physical fitness and other testing standards (PC, Section 13601(a)(2)).

ii. Additional training for apprentices in the areas of mental health, rehabilitation, and the theory and history or corrections (PC, Section 13601(a)(3)).

iii. The carrying and use of firearms for state correctional peace officers which shall take into consideration the different circumstances presented within the institutional setting (PC, Section 13601(b)).

iv. The length of the probationary period for correctional peace officer apprentices (PC, Section 13601(c)).

v. Advanced rank-and-file supervisory state correctional peace officer and training programs for the Department (PC, Section 13601(d)).

vi. Training related to the handling of stress associated with the state correctional peace officer duties (PC, Section 13601(e)).

d. Notwithstanding the authority of the CPOST, CDCR shall design and deliver training programs, conduct validation studies, and provide program support. The CPOST shall monitor CDCR’s program compliance (PC, Section 13601(g)).

e. The CPOST shall annually submit an estimate of costs to monitor and audit CDCR and its institutions and parole regions for adherence to training and program standards (PC, Section 13601(i)).

f. The CPOST shall establish and implement procedures for reviewing and issuing decisions concerning complaints or recommendations from interested parties regarding the CPOST rules, regulations, standards, or decisions (PC, Section 13601(j)).

g. The CPOST shall determine the on-the-job training requirements for state correctional peace officers (PC, Section 13603(b)).

h. Executive Sub-Committee

i. The Executive Sub-committee shall consist of the Chairperson, the Vice-Chairperson, and the ED.

ii. The Executive Sub-committee handles time-sensitive policy issues related to addressing CPOST priorities before CDCR, the Governor’s office, the Legislature, etc., and other Commission issues that may surface necessitating immediate CPOST input.

iii. Any action taken on a particular matter by the Executive Sub-committee shall be reported to the full Commission at the next bi-monthly meeting.

i. Advisory and Sub-committee Appointments

i. CPOST Commission sub-committees are advisory in nature and recommend actions to the commission, and are established by the commission as needed.

A. Recommendations and reports shall be submitted to the commission for consideration and possible action.

B. Each sub-committee of three or more Commissioners will have a Chairperson and a Vice-Chairperson.

1. The sub-committee chairperson approves the sub-committee agendas, and chairs and facilitates sub-committee meetings, as required.

2. The sub-committee vice-chairperson is the back-up for the duties above in the chairperson’s absence.

ii. All advisory and sub-committee appointments will represent the best interests of CPOST, CDCR apprentices, and departmental employees. All advisory and sub-committee appointments will represent the best interests of CPOST, CDCR apprentices, and departmental employees.

iii. The Chairperson, after a vote by the Commission at a bi-monthly meeting, or the Commission, as a whole, may appoint advisory or sub-committee members, who may include, but are not limited to:

A. The Associate Director, Peace Officer Selection and Employee Development

B. Chief of the Peace Officer Selection Programs for the employing agencies

C. Education Advisor (e.g., community college liaison)

D. Employing divisions and CCPOA apprenticeship coordinators

E. Executive Council members of CCPOA

F. Other standing or ad hoc members

iv. Advisory and sub-committee members to CPOST may speak to issues during meetings, but do not have the ability to make or second a motion, nor do they possess a vote.

 VI. CPOST Support Staff

a. The CPOST support staff, including custody and non-custody, shall operate in accordance with this OP, GC, PC, the Apprenticeship Program OP, and related rules and regulations.

b. Under the direction of the ED, the support staff will ensure the maintenance of CPOST records and files for a minimum of five (5) years.

c. Ensure each Commissioner (voting and alternate) receives a copy of The Bagley-Keene Open Meeting Act.

d. The Apprenticeship Coordinator’s Office (ACO), under the auspices of CPOST, will maintain records of the members of all Local Apprenticeship Sub-committees (LAS) for a minimum of five (5) years.

i. The ACO is responsible for receiving the minutes of each LAS meeting at each institution or Regional Training Office, and maintaining those records for a minimum of five (5) years.

 VII. Meetings

The CPOST shall conduct all meetings according to the Bagley-Keene Open Meeting Act, GC,  Sections 11120 through 11132. All meetings will also be in line with Robert’s Rules of Order or applicable regulations, so long as this does not conflict with the Bagley-Keene Open Meeting Act.

a. Quorum

i. A quorum, consisting of at least two (2) management members and two (2) CCPOA members of the voting commissioners, is required to conduct a meeting.

b. Frequency

i. The CPOST shall meet bi-monthly or more often, as deemed necessary.

A. The date, time, and location of the meeting will be announced at least 30 calendar days in advance.

B. The finalized agenda will be announced at least 10 calendar days in advance.

c. Notification

i. CPOST Commissioners

A. An electronic announcement will be sent 30 calendar days in advance to the CPOST commissioners with the date, time, and location(s) for the next meeting.

ii. Public

A. An electronic announcement will be sent via email 30 days in advance to any interested parties who have provided their email address to CPOST.

B. An announcement will also be posted on the CPOST internet site and CDCR intranet site 30 days in advance, containing the date, time, and location of the next meeting.

iii. Location(s)

A. The location of the meeting site shall be provided, along with any additional locations where CPOST members are telephonically participating in the meeting.

B. All location sites must be accessible to the public.

d. Voting

i. Rules

A. The six (6) voting commissioners, or in their absence, the designated alternate member, are the only voting members of CPOST.

B. A quorum, as defined above, is required to make a decision or call for a vote.

C. Decisions shall be made by majority vote.

D. Proxy voting shall not be permitted.

E. In the absence of a voting member, a designated alternate substitutes for and votes in the place of the member he or she is appointed as an alternate of.

F. Tentative approval of a decision may be taken by a telephone vote. The decision shall be documented in writing and shall be added to the meeting agenda for confirmation and a final vote at the next scheduled CPOST meeting, so as to become part of the permanent record.

G. Items requiring a vote must be pre-scheduled on the agenda. Failure to schedule an item will result in the item only being available for discussion. Voting shall be delayed until the following meeting.

H. Process

1. The ED will ask for a voting commissioner to make a motion. 

2. Once a motion has been made, the ED will ask for another voting commissioner to second the motion. 

3. If the motion is for a vote, then the ED will conduct a rollcall vote of the voting commissioners and announce the result for the record.

ii. Tie Vote

In the case of a tie vote, the following process shall be followed:

A. The voting commissioners shall discuss the issue further and determine if additional information would be useful.

B. If additional information can be obtained during the meeting, it shall be presented, and the vote re-taken.

C. If additional information can be obtained, but not quickly, and time is not of the essence, the issue can be tabled until the next regular meeting.

1. The voting commissioners may direct the CPOST staff to provide the required information within a specified number of business days and schedule a special session when the information shall be presented and the vote re-taken.

2. The special session shall be documented, as required, and the result of the new vote shall be included on the agenda of the next regular meeting.

iii. Impasse

A. In the event of an impasse, the matter shall be directed via memorandum to the Secretary of CDCR and the President of CCPOA by the CPOST staff.

B. Final resolution shall be elevated to the Director of the California Department of Human Resources, if needed.

C. If the issue at hand is related to training which is already in place, training with the existing curriculum shall continue pending resolution.

e. Closed Session

i. The CPOST may meet in closed session to discuss pending litigation, sensitive legal matters, review personnel documents pursuant to appeals, discuss an individual apprentice’s employment history, make recommendations regarding an apprentice’s pay step increase, or basic testing instruments, the public disclosure of which would jeopardize the testing process itself. The vote on these issues, however, must be done publicly, on the record.

ii. A closed session shall be attended by the voting commissioners; alternate commissioners; the ED; a record keeper, as required; the complaining party, with or without a representative, if present; and, if required, legal counsel to the CPOST.

iii. The record keeper can be any CPOST staff member, as selected by the ED.

A. The record keeper will take minutes of the closed session in the designated ledger book, noting the date, those present, the start and end times for the session, and all discussion and decisions made by the Commissioners.

B. The ledger book shall be confidential and not part of public record, per GC, Section 11126.1.

iv. At the end of the closed session, the CPOST will reconvene in public session and shall make any reports, provide any documentation, and make any other disclosures of action taken during the closed session, including voting, if necessary.

 f. Materials

i. The bi-monthly meeting announcement shall be posted and/or sent electronically 30 calendar days in advance.

A. A draft version of the agenda may be issued with the meeting announcement.

ii. The final bi-monthly meeting agenda shall be posted and/or sent electronically 10 calendar days in advance.

A. A draft version of the previous meeting’s minutes will be sent with the agenda to all Commissioners, as well.

iii. All meeting materials provided to the CPOST commissioners shall be made available to the public for review.

A. In the spirit of fiscal responsibility, CPOST staff will provide a minimum number of physical copies of materials at a meeting.

B. An Electronic Materials Request form shall be available at all meetings for any individual or organization to provide contact information to receive an electronic copy via email of any or all information provided to the CPOST commissioners.

1. This Request will not be treated as consent for CPOST, any of the commissioners or staff, to send updates and/or meeting announcements to any individual or organization, unless specifically requested by the recipient.

 VIII. Training Review

a. Submission

The CPOST is charged with establishing standards for the review of departmental training as compared to industry standards and best practices. In order to facilitate thorough review, training must be submitted for review with sufficient time for a complete evaluation.

The creator of training, the timeline required for review, and the required materials for review are critical factors in establishing an efficient process for CPOST training review.

Creators can be any of the agency stakeholders and vendor training created by third parties tailored for CDCR or YCR custody staff.

1. A timeline of 90 days is required to review any proposed training, allowing sufficient time to research materials and schedule a presentation before the CPOST, as deemed necessary. For materials with a January 1st roll-out date, the Commission has established a September 1st submission deadline to ensure time for recommendations to be implemented and reviewed for approval before the required roll-out date.

2. Training materials shall include the following:

a. Who developed the training and the need or purpose of the training

b. Course content and source(s)

c. Course outline including sufficient detail explaining the course content

d. Hours of instruction

e. Qualifications of instructors, Coordinators, and/or Academy Staff

f. Target audience

g. Physical facilities

h. Methods of course presentation

i. Learning activities (e.g., table-top exercises, role playing, scenarios) or other means of assessing student learning (e.g., cognitive or manipulative skills test)

j. Methods of assessing student learning (e.g., learning activities demonstrations, testing, teach backs)

k. Process for student evaluation of the course

l. Instructor/trainee ratios

m. Provisions for student safety, if applicable

b. Review Process

1. Staff Review

The CPOST staff will review all materials submitted to ensure compliance with approved CPOST Training Standards in accordance with the established CPOST review process.

2. Commission Review

The CPOST Executive Director will work with the Executive Board to identify training to be brought before the Commission for formal review. Presentation will be scheduled at the next available opportunity.

3. Review Schedule

The CPOST shall review all training in accordance with established Departmental guidelines and schedules. Exigent circumstances may necessitate the need for review outside the established timeframe.

c. Approval/Disapproval

1. Approval

The CPOST review of training shall result in approval, disapproval, or approval with recommended revisions. Approval from the CPOST signifies that the training reviewed complies with all applicable CPOST Training Standards.

2. Disapproval

Disapproval of training shall require a Commission vote and may occur when:

a. There is failure to comply with established CPOST Training Standards.

b. There is failure to comply with established training submission/review process.

c. There is missing or unclear content preventing the Commission from approving the training.

d. Stakeholders will be notified by email of the disapproval and recommendations for revision(s) will be noted in writing.

d. Appeal Process

Any disapproval of training may be appealed. The appeal and all relevant documentation the appellant believes supports the appeal, must be submitted digitally or in writing and received by the Executive Director within 45 calendar days of the notification of disapproval.

Appeals received at least 30 calendar days prior to the next scheduled Commission meeting will be heard at that meeting. Appeals received with less than 30 calendar days remaining prior to the next scheduled Commission meeting may be heard at a subsequent Commission meeting. The Commission shall notify the appellant of the date, time, and location of the meeting within 10 calendar days of the receipt of the appeal by the Commission.

The appeal shall be addressed as a regular agenda item and shall follow the established meeting processes.

 IX. Travel

a. Commission members will be reimbursed for travel expenses incurred while performing approved commission business in accordance with CDCR reimbursement criteria.

b. Travel arrangements, including hotel accommodations, flights, and/or rental cars, are made by the CPOST support staff through CDCR’s designated travel program.

i. The support staff will provide each commissioner with confirmations for all travel reservations for their review and approval, prior to submission.

ii.In the event any reservations need to be cancelled or modified, the commissioner will notify the support staff as soon as possible.

c. All expenses must be claimed using CDCR’s electronic travel claim program.

d. When possible, a state vehicle should be utilized for travel to and from commission meetings, instead of a personal or rental vehicle.

 X. Approval and Review

The CPOST Chairperson and Vice-Chairperson, in conjunction with the Executive Director, will review this Operational Procedure annually. A review for updates and amendments will be on an “as needed” basis. Changes to the OP shall require a review by the CPOST commissioners for approval and implementation.

This Operational Procedure has been reviewed and approved by:

 

Brian Pinneo, Chairperson, Commission on Correctional Peace Officer Standards and Training

Heather Bowlds, Vice Chairperson, Commission on Correctional Peace Officer Standards and Training

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