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PEACE OFFICER STANDARDS AND TRAINING BOARD |
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MANDAN, NORTH DAKOTA JANUARY 18, 2009 |
| MEMBERS
PRESENT
Keith Ternes Scott Brand Joe Belford Dean Ross Dave Zeis Lloyd Halvorson Greg LaHaise Mark Sayler, Secretary |
MEMBERS
ABSENT
Scott Busching, Chairman Lyn James |
| GUESTS
Paul Emerson, Assistant Attorney General Ken Sorenson, Assistant Attorney General Jonathan Hale, Lincoln PD Chief Tiffany Harr, Lincoln PD Darryl Howard, ND Stockmen's Association Kelly Solde, ND Stockmen's Association Sheriff Scott Steele, Golden Valley County Sheriff's Office Mark Gilbertson, NDBCI Lt. Michael Gerhart, ND Highway Patrol |
The Training Funding Sub-Committee met at 12:45PM to consider five requests for Training Funding. The Committee meeting was adjourned at 1:10PM.
The meeting was called to order by Acting Chairman, Keith Ternes, at 1:10 PM with roll call. All Members except Chairman Busching and Lyn James were present.
TRAINING SUBCOMMITTEE
The Training Sub-Committee gave their recommendations on funding for the five training requests received.
MOTION
Lloyd Halvorson made a motion to table a training request on Kinesic Investigation, hosted by the Fargo Police Department, in August. Scott Brand seconded the motion. All in favor, motion carried.
MOTION
Lloyd Halvorson made a motion to table the request for a Field Training Officer Course by the Ward County Sheriff's Department until the Board finds out if funding will be available. Joe Belford seconded the motion. All in favor, motion carried.
MOTION
Lloyd Halvorson made a motion to DENY funding for a Patrol Rifle School, hosted by the Fargo Police Department, due to lack of funding. Greg LaHaise seconded the motion. All in favor, motion carried.
MOTION
Dean Ross made a motion to DENY funding for a Civil Managing Actions School, hosted by the City of Minot in June of 2009, due to lack of funding. Scott Brand seconded the motion. All in favor, motion carried.
MOTION
Dean Ross made a motion to approve a request from the North Dakota Highway Patrol to sponsor one officer to be sent Ethics Training in California in April 2009, and would not exceed Two Thousand Dollars. The officer would then provide Ethics Training to other officers. Dave Zeis seconded the motion. All in favor, motion carried.
LICENSE ACTIONS-Robert Cadwell
Request was made by the Stockmen's Association to extend the limited license for Robert Cadwell to attend the ND Highway Patrol Academy in June. Discussion was held.
MOTION
Lloyd Halvorson made a motion to table the request for a limited license for Robert Cadwell pending court documentation. Dave Zeis seconded the motion. All in favor, motion carried. Executive Secretary Mark Sayler is to send a letter to Robert Cadwell stating his limited license has expired.
LICENSE ACTIONS-Alynn Beyer
Request was made for the ND POST Board to grant training hours for military training for Alynn Beyer.
MOTION
Dean Ross made a motion to DENY ND POST Board credit for military training for Alynn Beyer as the training is not POST certified and there is no way to ascertain the applicable number of hours trained. Greg LaHaise seconded the motion. All in favor, motion carried.
LICENSE ACTIONS-Darren Benneweis
Request was made for the ND POST Board to renew Darren Benneweis' license that expired December 31, 2008. Darren Benneweis was deployed with the military for the past year.
MOTION
Greg LaHaise made a motion to renew Darren Benneweis' Peace Officer license by attending twelve hours of training within six months. Scott Brand seconded the motion. All in favor, motion carried.
PARTIAL WAIVER OF BASIC TRAINING – Jonathan Hale
Request was made by the Lincoln Police Department grant a partial waiver of Basic Training to Officer Jonathan Hale based on his prior Law Enforcement Training and Experience in Arizona.
MOTION
Dave Zeis made a motion to grant a partial waiver of Basic Training to Jonathan Hale. Scott Brand seconded the motion. All in Favor, motion carried.
PARTIAL WAIVER OF BASIC TRAINING- Daniel Whitcomb
Request was made by Golden Valley County Sheriff's Department to grant Daniel Whitcomb a partial waiver of Basic Training based on his previous Law Enforcement Training and experience.
MOTION
Dave Zeis made a motion to grant a partial waiver of Basic Training to Daniel Whitcomb. Lloyd Halvorson seconded the motion. All in Favor, motion carried.
APPROVAL OF INSTRUCTOR CERTIFICATION – Jeremie Meisel
A request was made by the ND Highway Patrol to approve Patrolman Jeremie Meisel's application for Instructor Certification. Jeremie Meisel attended Methods of Instruction Course but went beyond thirty days in forwarding his course materials and applications. Sergeant Chad Hermanson of the ND Highway Patrol sent a letter requesting Instructor Certification for Jeremie Meisel.
MOTION
Dean Ross made a motion that Jeremie Meisel be granted a certification as an instructor. Dave Zeis seconded the motion. All in favor, motion carried.
APPROVAL OF INSTRUCTOR CERTIFICATION – Keith Schroeder
A request was made from the Grand Forks Police Department to approve Keith Schroeder's application for Instructor Certification. Keith Schroeder's Instructor License expired in September 2005. Mark Sayler read the letter from Keith Schroeder. Discussion was held regarding attending MOI for future recertification.
MOTION
Dean Ross made a motion to approve request for re-instatement of Instructor Certification to Keith Schroeder. Scott Brand seconded the motion. All in favor, motion carried.
APPROVAL OF INSTRUCTOR CERTIFICATION – Dave Oksendahl
A request was made from NDSU Police Department to approve Dave Oksendahl's application for Instructor Certification. Dave Oksendahl was employed at Grand Forks Police Department and moved to Moorhead Police Department in May of 2006. Dave Oksendahl was a certified instructor in Moorhead, MN.
MOTION
Lloyd Halvorson made a motion to approve reinstatement of all instructor credentials for Dave Oksendahl. Scott Brand seconded the motion. All in favor, motion carried.
ADVERSE LICENCE ACTION – Philip Crabb
On August 31, 2007, Philip Crabb plead guilty to making a false statement of a government document. Philip Crabb received an order deferring imposition of sentence. Discussion was held regarding the circumstances of the falsification.
MOTION
Dean Ross made a motion that the Board find that Philip Crabb's plea of guilty of a Class A misdemeanor offense of false statement of a government document has a direct bearing on his ability to serve as a Licensed Peace Officer. Greg LaHaise seconded the motion. All in favor, motion carried.
MOTION
Dean Ross made a motion that a letter of admonishment be sent to Philip Crabb and that the ND POST Board will not take any further action. The admonishment is to be placed in Philip Crabb's file. Greg LaHaise seconded the motion. All in favor, motion carried.
ADVERSE LICENSE ACTION – Lawrence Hubbard
Ken Sorenson advised the Board on an investigation of Lawrence Hubbard, a Special Deputy for McLean County. Lawrence Hubbard had a limited license that expired in 2005. Lawrence Hubbard was acting as a Law Enforcement Officer by issuing tickets and warning tickets. There is a copy of a letter to the Sheriff stating that Lawrence Hubbard was not to perform any Peace Officer duties. Ken Sorenson requested the Board consider a set of ethic rules for the POST Board. No action against Lawrence Hubbard will be taken by the ND POST Board.
EXECUTIVE SESSION CALLED
Motion made by Joe Belford to move into executive session. Seconded by Scott Brand. All in favor. Authority for executive session 44-04-19.1 and 19.2 of the NDCC.
Reason for executive session was for consultation with legal counsel to discuss pending adversarial administrative proceedings regarding David O'Toole and Eric Straus.
Executive Session started: 3:40 p.m.
Executive Session ended: 4:34 p.m.
ADVERSE LICENSE ACTION - David O'Toole
MOTION
Scott Brand made a motion to give legal counsel authorization to agree to accept the proposed stipulation of suspension of the Peace Officer License of David O'Toole. Dave Zeis seconded the motion. All in favor, motion carried.
ADVERSE LICENSE ACTION - Eric Straus
MOTION
Scott Brand made a motion to give legal counsel authorization to agree to accept the proposed stipulation of suspension of the Peace Officer License of Eric Straus. Dean Ross seconded the motion. All in favor, motion carried.
DISCUSSION
Discussion was held regarding Ward County Sheriff's Office request that when lesson plans are developed for a part-time Peace Officers Course, that the Board will assure approval of the Ward County plan. Executive Secretary Sayler was directed to respond to the Ward County Sheriff with a letter stating that when lesson plans and testing instruments are submitted, the Board looks forward to reviewing and working with them on certification of their proposed part-time Peace Officer program.
DISCUSSION
Discussion was held regarding the revision of the Peace Officer licensing exam and development of a part-time licensing exam, which was previously approved January 31, 2007. A sub-committee was appointed by Acting Chairman Keith Ternes consisting of Lloyd Halvorson, Joe Belford, Greg LaHaise, and Mike Gerhardt. The committee is to work with Mark Gilbertson into revision of the licensing exam for fulltime officers, and development of part-time, and reciprocity licensing examinations.
DISCUSSION
Discussion was held regarding unlicensed law enforcement support personnel records. These personnel are persons who have never been licensed and keeping records on them creates unnecessary records and gives an inflated number when counting numbers of licensed Peace Officers in North Dakota.
MOTION
Lloyd Halvorson made a motion to archive and cease data entry of training hours of non-licensed personal in the POST records system and to notify agencies. Dean Ross seconded the motion.
LEGISLATIVE UPDATES
Bills discussed.
DISCUSSION
Discussion was held regarding licensed officers working part-time for another agency and fingerprint requirements.
DISCUSSION
Discussion was held regarding granting training hours for the annual EMS Conference. Lloyd Halvorson will forward the names of coordinators to the Executive Secretary and also contact EMS Conference coordinators to have them make contact with the Executive Secretary to coordinate documentation necessary for training certification.
DISCUSSION
Discussion held on approval of minutes.
DISCUSSION
Keith Ternes relayed from Chief Rasmussen a request that the POST Board post law enforcement job openings from across North Dakota on the POST Board website. The POST website has very limited space. Discussion was held that perhaps the NDPOA be contacted to see if they could post job listings on the NDPOA website.
DISCUSSION
Discussion was held on a request that POST Board forms be fillable rather than just printable. This was already being checked into to determine if there would be enough space available on the website to accommodate printable forms.
ADJOURNMENT
Dean Ross made a motion to adjourn the meeting. Motion
seconded by Dave Zeis. All in favor. Meeting adjourned.
Mark Sayler
Executive Secretary
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