SPECIAL COMMISSION MEETING

MINUTES

Tuesday, June 3, 2003

P.O.S.T. Headquarters – 1601 Alhambra Boulevard

Sacramento, California 95816

Chairman Joe Flannagan called the Commission meeting to order at 11:05 a.m.

ROLL CALL OF COMMISSION MEMBERS

A calling of the roll indicated a quorum was present.

Commissioners present:

Joe Flannagan

James P. Fox

Patrick Boyd

Marc Cobb

Bud Hawkins

Ted Hunt

Arthur Lopez (Via Conference call)

Laurie Smith (Via Conference call)

Commissioners absent:

Lee Baca

Lou Blanas

Rana Sampson

Michael Yamaki

POST Staff:

Kenneth O’Brien

Dick Reed

Mike DiMiceli

Hal Snow

Alan Deal

Bud Lewallen

Paula Burnette

Tom Liddicoat

Anita Martin

Vince Scally, Deputy Attorney General, legal counsel to the Commission.

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It was noted that each Commissioner was personally contacted either by telephone or e-mail and FAX, and notified of the date, time, location and cause of the Special Commission meeting.

WAIVER OF TEN-DAY NOTICE OF COMMISSION MEETING

MOTION – Fox, Second – Hunt, carried unanimously by ROLL CALL VOTE, that the Commission has made the finding that an emergency exists for the waiver of the 10-Day Rule and implementation of the 48-Hour Rule to conduct a Special Commission meeting. The basis of the emergency is that the Legislature is in session and there are bills pending that could significantly impact public interest. In addition, the budget of the Commission is one of the issues that is pending before the Legislature. For these reasons the Commission has determined that it is imperative to conduct a special meeting as soon as possible.

EXECUTIVE OFFICE

Chairman Flannagan reported that the purpose of the Special Commission meeting was to re-address the issue of the Commission’s policy to oppose all unfunded legislative training mandates. The Chairman called upon Alan Deal, POST Legislative Liaison, to describe circumstances that have recently arisen in relation to this issue.

A.Commission Policy Concerning Unfunded Legislative Training Mandates

At the April 2003 meeting, the Commission adopted the policy that it would hereafter oppose unless amended any legislation that required the Commission to develop and present training but does not also provide funding to support that activity. The Commission took this position following a discussion of the status of the FY 2002/03 budget and the proposal in the FY 2003/04 budget to eliminate $28.3 million from the reimbursement program.

The Governor’s Budget May Revision was released on May 14, 2003, after the Commission meeting in April. In the May Revise, the Governor proposed restoring $25.5 million to POST’s budget. If approved by the Legislature and signed by the Governor, these funds will

re-establish the ability of the Commission to use revenue allocated to the Program 30 (reimbursement account) in FY 2003/04.

Since the May Revision proposal to restore the revenue, members of the Legislature have expressed concern about the Commission’s policy to oppose all bills with un-funded mandates. Legislative staff members have stated that because the funds have been restored the Commission’s continuing opposition to some legislation does not make sense.

Staff recommended the Commission suspend the policy that was adopted at the April 2003 meeting and adopt a neutral position on AB 991 and AB 1383. Staff further recommended the Commission consider the policy concerning legislative training mandates at the July 2003 meeting.

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The Commission briefly discussed situations occuring during intervals between regular Commission meetings in which pending legislation is substantively amended by the Legislature to impact POST. In cases where the impact is severe and critical a special meeting of the Commission would be called, but where a bill would not severely impact POST, a review by the current Chairman of the Commission, former Chairman, and current Chairman of the Legislative Review Committee would be sufficient to authorize a neutral position.

MOTION - Hunt, Second - Fox, carried unanimously, to make it a general policy to oppose unfunded legislative mandates but to review each proposal on a case-by-case basis through appropriate channels at the POST Commission, which would include review first by the Legislative Review Committee and then by the full Commission. In addition, the Commission adopts a “neutral” position on AB 991 and AB 1383. The Commission Chairman, Former Chairman and current Chairman of the Legislative Review Committee are authorized to approve a “neutral” position in cases where bills need to be addressed between Commission meetings.

Adjournment: 11:50 a.m.

Respectfully submitted,

Anita Martin

Secretary

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