MINUTES FOR P.O.S.T. COMMISSION MEETING July … Tennessee Peace Officer Standards and Training ......

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MINUTES FOR P.O.S.T. COMMISSION MEETING

July 20, 2017

The Tennessee Peace Officer Standards and Training Commission

met on Thursday, July 20, at 1:00 p.m., at the Wilderness at the

Smokies, 1424 Old Knoxville Highway, Sevierville, Tennessee.

Chair Carl Jenkins called the meeting to order.

Chair Jenkins asked for a motion for approval of the July

agenda. Commissioner Baker moved for approval, seconded by

Commissioner Chrisman. The motion carried.

Mr. Farris conducted a roll call, which reflected the presence

or absence of the following commissioners: Baker – present;

Chrisman – present; Hannon – present; Hulsey – absent;

Jenkins – present; Lewis – absent; Long – present;

Wallace – present; Williamson – absent; Wilson – present;

Sen. Bell – absent; General Cherry – absent;

Forrester - present.

Chair Jenkins recognized Vice-Chair Mike Hannon, who read the

following disclaimer: All P.O.S.T. Commissioners have

previously agreed to recuse themselves from any vote that would

constitute a conflict of interest. The most obvious of these

would include issues that involve our own departments or someone

we know personally. Because we have already agreed to this, it

should be noted that on routine matters, it will be assumed

nonverbally that these commissioners have abstained from that

vote. In bigger more controversial issues that may have a more

overt conflict of interest or may have an appearance of

impropriety applicable commissioners will still verbally abstain

from those votes.

Chair Jenkins asked for a motion for approval of the June 16th

P.O.S.T. Commission Meeting minutes. Vice-Chair Hannon moved

for approval, seconded by Commissioner Baker. The motion

carried.

Chair Jenkins started with Walter State University.

The 2017 audit/inspection of the Walter State Law Enforcement

Training Academy was conducted on June 29, 2017.

Findings: One instructor file was deficient as it did not have

the general instructor for basic police academies.

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Recommendations: They immediately sent in the proper paperwork

requesting this certification, and it is on the July agenda.

Pursuant to Rule 1110-07-.06(2)(c) it is recommended the

P.O.S.T. Commission issue a letter advising the Walter State

Training Academy of the status of its compliance.

Commissioner Long moved for approval, seconded by Commissioner

Wilson. The motion carried.

Hamilton County Parks and Recreation – Request William L. Durham

(hired May 17, 2017) be allowed to attend P.O.S.T. Transition

Class at TLETA September 2017. Mr. Durham graduated Georgia

240-hour Basic Law Enforcement in 1990 working for Walker County

Georgia Sheriff Department until retiring in 2014. He also

worked for Chattanooga Police Department 1985-1990.

Mr. Durham was present, along with Lieutenant Dan Ringer and

Captain Noel McDaniel.

Lieutenant Ringer told the Commission they hired Mr. Durham to

be a ranger and that he has 25 years of experience with Walker

County, Georgia.

Chair Jenkins asked if he meets all the criteria. Mr. Farris

said yes.


Chrisman. The motion carried.

Hamilton County Sheriff Office – Request Lori C. Choate (hired

April 12, 2017) be allowed to attend P.O.S.T. Transition Class

at TLETA September 2017. Ms. Choate graduated Chipola College

Florida 770-hour Law Enforcement Academy in 2010 working for

three Florida departments until December 2016.

Lori Choate was present.

Commissioner Chrisman moved for approval, seconded by

Commissioner Wilson. The motion carried.

APPEARING BEFORE THE COMMISSION/WAIVERS FOR PRE-EMPLOYMENT

REQUIRMENTS – 1110-02.03 + 1110-9-.04

Memphis Police Department – Request Lee A. Stubbs, III, to

receive a pre-employment waiver for being found guilty of

reckless driving and driving after consuming alcohol in

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North Carolina in 2005 while serving in the USMC. All penalties

and fines completed. He is currently in their 123rd Basic

Recruit Class that started on March 20, 2017.

Mr. Stubbs was present, along with Lieutenant Colonel Anthony

Rudolph and Officer Williams, who is their liaison with P.O.S.T.

Chair Jenkins asked why P.O.S.T. was just now getting this.

Lieutenant Colonel Rudolph said there was a huge storm that hit

Memphis. The training academy was hit the hardest. And the

background unit, who was responsible for turning these waivers

in, was displaced. It just wasn’t caught until recently.

Commissioner Wallace moved for approval, seconded by

Commissioner Long. Commissioner Forrester abstained from vote.

The motion carried.

WAIVER OF BASIC TRAINING – 1110-02-.03 + 1110-9-.02

The following requests for waiver/substitution of basic training

have been reviewed and appear to meet P.O.S.T. requirements:

Blount County Sheriff Office – Request David F. Cook (hired

May 14, 2017) be allowed to attend P.O.S.T. Transition Class at

TLETA September 2017. Mr. Cook graduated from Illinois 400-hour

Basic Training for part-time officers in 2013, and then

completed Illinois 80-hour Transition Class in 2014 to become a

full-time officer working for Illinois State Attorney’s Office

as an investigator until being hired by Blount County. An

additional 40 hours of EVOC training will be required.

David Cook was present, along with Chief Deputy Jeff French and

Dan Gallavan.

Chair Jenkins asked if he was scheduled to get the EVOC. Chief

Deputy French said Mr. Cook was scheduled to have the EVOC a

week before the Transition School.



Blount County Sheriff Office – Request Daniel C. Gallavan (hired

June 11, 2017) be allowed to attend P.O.S.T. Transition Class at

TLETA September 2017. Mr. Gallavan graduated from Slidell

Louisiana 450-hour Regional Police Academy in 2006 working for

two different departments until November 2015. An additional 40

hours of EVOC will be required.

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Daniel Gallavan was present, along with Chief Deputy Jeff

French.


Commissioner Wallace. The motion carried.

Cocke County Sheriff Office – Request Kevin E. Ball (hired

March 15, 2017) be allowed to attend P.O.S.T. Transition Class

at TLETA September 2017. Mr. Ball graduated West Virginia

666-hour State Police Academy in 2004 working for Mingo County

WV Sheriff Office 2003-2013 and 2014-2016. If approved, a

six-month waiver will also be needed.

Kevin Ball was present, along with Sheriff Armando Fontes and

Lieutenant C.J. Ball.


Wilson. Vice-Chair Hannon abstained from vote. The motion

carried.

Mr. Farris said they have another request.

The department also requests that Mr. Ball be allowed to ride

solo upon completing their 12-week FTO training program.

Vice-Chair Hannon asked if it was going to be after Transition.

Mr. Grisham said before Transition.

Chair Jenkins said P.O.S.T. doesn’t normally allow folks to ride

solo. Mr. Grisham said they do when they’re previously

certified.



Pellissippi State Community College PD – Request Robert E. Deyo,

Jr. (hired June 19, 2017) be allowed to attend P.O.S.T.

Transition Class at TLETA September 2017. Mr. Deyo graduated

from Essex County New Jersey College 881-hour Police Academy in

2006 working for Essex County NJ Sheriff Office until 2015.

Robert Deyo was present, along with Chief Fred Brown.

Commissioner Baker moved for approval, seconded by Commissioner


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WAIVER TO ATTEND ANOTHER ACADEMY – P.O.S.T. Rule 1110-02-.03(3)

Tennessee Highway Patrol – Request Tyler Edwards who attended

Metro Nashville Police Academy for one week in January 2016

before dropping out for personal reasons be allowed to attend

THP academy, which he graduated June 30, 2017.

Mr. Grisham introduced the waiver to the Commission. He said

the Highway Patrol and their Human Resources Division fully

informed P.O.S.T. of Mr. Edwards’ prior attendance, and it fell

through the cracks. P.O.S.T. staff did not get it on the

agenda.

Mr. Grisham went on to say that since this is a departmental

waiver, Mr. Edwards can attend Metro to become a trooper.


Commissioner Forrester. Commissioner Baker abstained from vote.

The motion carried.

PRE-EMPLOYMENT WAIVER 1110-02-.03 + 1110-9-.04 ADDENDUM

McEwen Police Department – Request Timothy Stavely receive a

waiver for a General Under Honorable Discharge from U.S. Army.

Office Stavely has been a certified officer since 2013.

Timothy Stavely was present, along with Chief Eric Jernigan.

Chair Jenkins asked Mr. Stavely what the discharge was for.

Mr. Stavely said his discharge was for missing drill weekends.

Mr. Farris said he believed Mr. Stavely had an honorable

discharge at one time and then he went in the Reserves.

Mr. Stavely said from active duty he was released under

honorable conditions, and as a reservist he was released for

general under honorable conditions.

Commissioner Forrester asked Mr. Stavely why he missed drill

weekends. Mr. Stavely said at the time when he got to his

Reserve Unit they wanted to re-train him to do something that he

didn’t enlist for. They told him he would have to do it or they

would discharge him. Mr. Stavely made a bad decision and

stopped going.

Chair Jenkins asked where he worked previously. Mr. Stavely

said he worked for Houston County.

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Mr. Farris said it was brought to P.O.S.T.’s attention when

Mr. Stavely was with Houston County, but then he shifted

departments.

Chief Jernigan said he actually was dealing with a similar issue

a few months ago and realized he should have gotten a waiver.

So he called P.O.S.T. to get on the agenda to become compliant.

Commissioner Baker moved for approval, seconded by Commissioner

Long. Commissioner Wallace abstained from vote. Commissioner

Forrester opposed vote. The motion carried.

South Carthage Police Department – Request David G. Apple (hired

full-time May 22, 2017) be allowed to attend P.O.S.T. Transition

Class at TLETA September 2017. Mr. Apple graduated from TLETA

in 2006 working for Smith County Sheriff Office until July 2007

and then again part-time 2008 and 2009.

Mr. Farris said he checked all his records because it was so

close. Mr. Apple was right under the wire from all the records

that Mr. Farris reviewed.


Commissioner Forrester. The motion carried.

APPLICATIONS FOR TRAINING OFFICER – 1110-04-.03

P.O.S.T. Investigators have reviewed and approved four

applications for Training Officer, and they appear to meet

criteria for approval.

The officers listed below, if any, will be informed that they

have one year to complete instructor development or approved

substitute.



APPLICATIONS FOR CERTIFIED INSTRUCTOR – 1110-03-.04

P.O.S.T. Investigators have reviewed and approved 26

applications for certified instructor, and they appear to be in

order and meet minimum standards, and they have completed the

minimum hours in attendance of required courses.

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The instructors listed below, if any, will be informed they have

one year to complete instructor development or approved

substitute.

Officers listed below, if any, request a waiver of the one-year

training officer requirement.

Randy Jay Phelps GDI Humphreys County SO

Christopher Mathenia GDI Medina PD

Commissioner Baker moved for approval, seconded by Vice-Chair

Hannon. The motion carried.

CURRICULUM AND TESTS - 1110-04 & SPECIALIZED TRAINING

CURRICULUM – 1110-04-.09

P.O.S.T. Investigators have reviewed and approved 104 in-service

and specialized training classes this month as they appear to be

in order and meet or exceed minimum standards set forth by the

Peace Officers Standards and Training requirements. They have

made note if these training offerings meet the P.O.S.T.

requirements for firearms, EVOC, mental illness, and CSA.

Vice-Chair Hannon moved for approval, seconded by Commissioner

Long. The motion carried.

NEW BUSINESS/ITEMS FOR DISCUSSION

Virtual Academy – At the request of the P.O.S.T. Commission,

Virtual Academy is appearing to answer questions and concerns

that the Commission may have regarding their Mental Illness

courses.

Executive Vice-President Tommy Legins was present, along with

Director of Partner Support Doug Tullock.

Mr. Legins told the Commission he appreciates the opportunity to

come to speak with the Commission and he hoped to resolve any

issues.

Mr. Legins first wanted to explain the functionality of the

certificates. He told the Commission that upon successful

completion of the assessment, a certificate is created.

Upon completion of the training video an assessment is then

given to the officer. It is not until that assessment is

successfully completed that a certificate is created.

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Chair Jenkins asked if the officers have to print their own

certificate. Mr. Legins said the certificates are stored

electronically in the system. The officers do print their own

certificates.

Mr. Legins told the Commission they do have certificates stored

in the system since 2013, which is when they began training.

The certificates are stored in the system indefinitely. They

could go back and review the training history and print any

certificate stored in the system.

Mr. Tullock said that both officers and training officers have

access to their certificates at any time.

Chair Jenkins then asked about the mental illness courses. He

said the P.O.S.T. Commission have had officers taking the wrong

mental illness course. And now some officers are coming in

saying they have taken the courses, but were not given

certificates.

Mr. Legins said they’ve been delivering courses since 2013 in 26

states. And they’ve delivered over 65,000 courses in the state

of Tennessee last year. However, these are the only ten

instances where a certificate could not be produced. They’ve

never had an instance of a certificate being lost, misplaced, or

deleted.

Mr. Legins went on to say that they’ve tried over the last few

months to duplicate the issue and have been unable to. He said

these are the only ten instances out of 65,000 courses given in

Tennessee.

Commissioner Long asked if there is an explanation as to why

they haven’t been able to replicate the problem. He said there

should be a trail of who has taken the course and if they’ve

completed the test for the course.

Mr. Legins said Mr. Tullock has made personal contact with every

department affected by this issue to talk about it.

Commissioner Long said they had one department the last meeting

that had four or five officers that said they took the courses,

but were not able to get a certificate. And because of that

problem, those officers were unable to receive their in-service

supplement.

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Commissioner Wallace said there was three officers, and they

each had over ten years of experience.

Mr. Legins said they made a visit with the sheriff there and

talked through the issue. He said the sheriff said he was

perfectly fine with what happened and felt like it wasn’t

specifically on V-Academy’s system.

Chair Jenkins asked if they had decided it wasn’t their problem.

Mr. Legins said they didn’t say it wasn’t their problem, but the

sheriff took just as much responsibility for the problem as

V-Academy did.

Mr. Legins told the Commission they don’t want to put the

officers or the agencies in jeopardy and have looked through the

system and at the officers’ histories and cannot find any

deleted or misplaced certificates.

Commissioner Long asked if they could even tell if the officers

registered and got online for the course. Mr. Legins said they

could see that if they did.

Commissioner Long asked if they could see where the ten officers

they’re talking about registered online for courses. He also

thought P.O.S.T. has had more than ten officers appear

complaining about not getting certificates.

Commissioner Long said there were some agencies that were large

enough that they told the officers not to print their

certificates out, that they would get them from the log they

kept through V-Academy. However, they were not able to access

the certificates through the log.

Mr. Legins said they’ve gone in and have tried to access the

history and cannot see where they have taken the course or got a

certificate.

Commissioner Wilson asked if there’s a log of the officer

logging into V-Academy whether they complete the course or not.

Mr. Legins said there is a record of them online whether they

complete the course or not.

Commissioner Wilson then asked if an officer logs into a course

and just listens to 15 minutes of it will there still be a

record of it. Mr. Legins said yes.

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Mr. Grisham asked if the system requires the video to be watched

and the assessment to be completed before a certificate is

generated. Mr. Legins said, yes, the assessment has to be

successfully passed before the certificate will generate.

Mr. Grisham asked if it’s possible to skip the video and go

straight to the assessment. Mr. Legins said hopefully not. He

said the officers shouldn’t be able to skip any steps.

Mr. Legins said in the past there was a feature available that

they could skip the video and go straight to the assessment, but

they’re not allowing that any longer. The department would have

to sign a waiver to turn the video off.

Mr. Grisham was trying to see if the officers were trying to

circumvent the system and it wouldn’t allow it. Mr. Legins said

there would still be a record of them logging in on the back

end, but they haven’t been able to find any record.

Commissioner Forrester asked what the process is of building a

block of instruction. Mr. Legins said what they do is they get

requests from agencies or they field requests themselves to

create a course.

They go out and try to find who the leading expert is to build

that course and call them. Then they create the curriculum for

the course. V-Academy gets the curriculum approved by P.O.S.T.

Once it’s approved they get the course instructor to go into the

studio and record the block.

Mr. Legins said each course goes through about six processes

before ending up with what can be viewed online.

Commissioner Forrester said he was more interested in the

functionality of the system as opposed to the content

development. Basically, how the software goes from Point A to

Point B, especially since mental illness seems to be the only

course with a glitch in it.

Mr. Legins said mental illness was not the only course with

issues that they’ve had. He said they’ve had issues with child

sex abuse, mental illness, and EVOC.

Chair Jenkins said they’ve only heard about mental illness

course issues. Commissioner Chrisman said he thought in the

others they may have missed it or they didn’t get the record.

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Commissioner Long said he wanted to make sure that of the ten

individuals who have had issues that they don’t have any record

on the system of them logging into the system at all.

Mr. Legins said no.

Chair Jenkins said they all came in and said they took the

courses, but they didn’t print their certificates.

Commissioner Wallace asked Mr. Legins and Mr. Tullock of the

officers that had taken all 40 hours with V-Academy had some

hours shown up and some not, or did they lose all 40 hours.

Mr. Legins said everything they had taken showed up. It was

just the one course in question that didn’t show up.

Commissioner Wallace asked if an officer had taken the test but

forgot to hit submit would they have known they did that.

Mr. Legins said yes.

Commissioner Wilson asked if there was a way that someone could

access one of the courses and it not show up. The officers said

they listened to the video and took the test and just didn’t

print a certificate. Mr. Legins said they tried to replicate

the issue, but couldn’t.

Commissioner Chrisman asked if they’re not able to replicate the

problem on their end, if it becomes a user error at that point.

Mr. Legins said yes.

Commissioner Wallace asked if Mr. Legins said that as an

administrator on the program they could go in there and make it

to where they could just take the test without watching the

video. Mr. Legins said no. The site administrator can go in

there and access the certificates and the training history from

the manager’s site. The officers could also log in and print

off certificates after completing the course.

Commissioner Wallace said they just can’t go in there and take

the tests. Mr. Legins said no. They have the assessment locked

out where they couldn’t skip the video.

Commissioner Wilson said he understood Mr. Legins to say earlier

that the administrator could sign a waiver to skip the video,

but they have since changed it and now they must watch the whole

video. Mr. Legins said if the department wanted to get a waiver

for that feature they would have to come to P.O.S.T. and ask for

a waiver.

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Commissioner Baker asked if the administrator could see if

somebody logged in the system for 15 minutes and didn’t complete

anything. Mr. Legins said they would not be able to see that.

Mr. Legins went on to say that they have an open relationship

with everybody. All they would need to do is call anybody on

Doug Tullock’s team and ask how long somebody had spent in a

particular course and they could tell them.

Commissioner Baker asked if they think somebody isn’t being

truthful about what happened as far as losing their certificates

since they are unable to recreate the problem. Mr. Legins said

that they cannot recreate the issue, but they cannot 100 percent

say that they didn’t have an issue with the system.

Mr. Tullock said that because of this they are implementing some

safeguards to ensure that this doesn’t happen again. Mr. Legins

said what they’re going to start doing is marking the state

mandated courses in each state to let the training officers know

what courses are required and what courses, if any, those

officers have completed so far.

In addition to that, they’re going to start sending reports to

each department on the system at the end of September, October,

and November to let them know what courses are still

outstanding. That way the departments will be fully aware of

which officers have not completed the mandated courses so they

could get those completed before the deadlines.

Commissioner Wallace asked if they’re going to be sending the

reports to the sheriff or the chief or just to the person over

the program. Mr. Legins said they will send the reports to

whoever the administrator is over the program.

Also, Mr. Legins told the Commission that they have created a

certificate repository that will store every certificate

indefinitely. That way every certificate that is generated will

be able to be found on the system.

Mr. Tullock said that they are also going to give each

department a step-by-step guide on how to go into the history

and check a specific course.

Mr. Tullock also said that they are going to suggest that each

department only puts their personnel into one edition of each of

the mandates. The problem has been that they have five editions

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of child sex abuse and three editions of EVOC and mental illness

courses. So, when an officer says they have taken a course they

don’t know which edition they have taken and it makes it very

hard to find it.

They are also going to recommend a deadline for taking the

mandates so the departments will be aware of which officers have

not completed their mandates and they have plenty of time to

complete before the end of the year.

Commissioner Long asked if they have an indication on their

catalog that shows which courses are state mandated so that the

officers don’t take the wrong course. Mr. Legins said it’s only

the one marked mental illness.

Commissioner Long asked if they could mark the proper courses so

they there will be no misunderstanding about which courses are

state mandated. Mr. Legins said they can do that.

Chair Jenkins asked if the departments should have known already

what their officers have and have not completed. Mr. Legins

said yes.

Commissioner Wallace said one time she was given two different

passwords and was unable to find one of the mandates she

completed. She said that Mr. Tullock went into the system and

actually did find it. So they can find certificates in the

system.

Commissioner Chrisman asked if it was possible to send those

reports to the sheriffs and chiefs as well and not just to the

administrator of the program. Mr. Legins said they will send

them to the sheriffs, too.

Commissioner Chrisman said that V-Academy is a great training

tool for officers and offers tremendous training at a reasonable

cost, but they have to ensure that it will work for everyone all

the time. He went on to say that even though the number of

issues is minor compared to the number of officers they service

they must make sure that it works for everyone.

Commissioner Long said that he still had a lot of concern. He

said it’s one thing when there is one or two people, but when it

is as many as they’ve had come before the Commission saying that

they have taken courses with V-Academy and nobody have any

record of it, it’s concerning. Commissioner Long said that he

believed there were more like 20, 25 people who have had issues.

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Mr. Farris said some of those people accidentally took the wrong

mental illness course and the Commission waived those courses.

He believed that it was only ten or twelve people.

Mr. Legins said it was ten officers, so because they have

contacted every department and verified it.

Commissioner Long asked if the officers had told Mr. Legins or

Mr. Tullock that they took the class when they contacted the

departments. Mr. Tullock said the sheriffs told them that they

could not say 100 percent whether the officers had taken the

courses or not. But Mr. Tullock said they were unable to locate

it in the system where they had logged in and took the course.

Commissioner Chrisman said the safeguards should make a

difference. As far as the certificate repository goes, there

should not be any lost certificates anymore. Also, by sending

the reports to the sheriffs and chiefs they should be aware

ahead of time about officers not completing the courses and have

it fixed before the end of the year.

Mr. Farris asked if they could copy P.O.S.T. on the last report

they send to the departments. That way P.O.S.T. could have a

heads up about who is not in compliance. Mr. Legins agreed.

Commissioner Baker asked if they come up with a new video every

year for the state mandates. Mr. Legins said they don’t. They

have three for mental illness, three for EVOC, and three for

child sex abuse.

Commissioner Baker said that’s not really helping individuals

learn when they’ve watched the same video 16 times. Mr. Grisham

agreed and said he’d like to see more of a variety.

Mr. Farris said he’ll sit down and make sure that every

department in Tennessee gets one round of mandates this year and

that next year it’ll be a different round.

Commissioner Wallace asked if there was a way they could set up

the courses so that an officer could watch 15 minutes of the

video and take a couple of questions and then watch another

15 minutes and take some more instead of watching a two-hour

video and trying to take the test afterwards. Mr. Legins said

they are discussing that possibility. It changes the system and

the way the system was built to do it that way.

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Rule Changes for P.O.S.T. Rules Chapters 8 and 10 will be

discussed.

Mr. Grisham said the rules were discussed and the

recommendations were to make all the changes in the redline

version that was distributed and add that to the public hearing

rules.


Commissioner Wallace. The motion carried.

The 2017 audit/inspection of the Blount County Law Enforcement

Training Academy was conducted on May 31, 2017.

Findings: No director was named to oversee the academy.

Recommendations: This was rectified on June 5, by

correspondence to P.O.S.T. naming an academy director.


P.O.S.T. Commission issue a letter advising the Blount County




The 2017 audit/inspection of the Chattanooga PD Law Enforcement


Findings: Firing Range – the combat/action-reaction course and

the laterally moving target is not working.

Recommendations: Repair and/or replace the two deficiencies.




Mr. Farris said that’s a big-ticket item, so it’s not been

fixed. That’ll be an appropriation in the budget.

Chair Jenkins asked if they could approve the inspection.

Mr. Farris said that’s up to the Commission.

Commissioner Baker asked if they could be in compliance without

getting it fixed. Mr. Farris said no.

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Mr. Farris said he spoke with the training lieutenant and said

it’s imperative that they get it fixed.

Commissioner Chrisman said the recommendation would be for the

Commission to issue a letter advising them that they need to get

the range fixed.

Mr. Grisham said that according to Subsection 1110-07-.06 the

Commission may consider on a case-by-case basis a request for a

waiver to provide the agency an opportunity to return to full

compliance.

He said that his academy was out of compliance last year and he

used that status to get a new target system. It did take a

little while to do it. It cost over $100,000. Mr. Grisham said

to notify them in their compliance that they’re in compliance

except for their range.


Commissioner Wallace.

Commissioner Wallace asked how long they have to get into

compliance. Mr. Farris said they have one year to get in

compliance.

Mr. Farris asked if the Commission wants to give them a waiver

for the year to get their range fixed and in compliance.

Mr. Grisham said yes. Mr. Farris said he can contact the

lieutenant and tell him they’re not in compliance and put them

on the August agenda to get a waiver to operate.

Commissioner Chrisman asked if the letter they send to the

academy will inform them of their compliance status and to tell

them they need to get their range fixed appropriately.

Mr. Farris said the letter can say that if that’s what the

Commission wants.

Commissioner Baker said they probably have already done their

budget and they don’t have an allowance to get it fixed.

Chair Jenkins said they need to come in and ask for a waiver to

operate.

Commissioner Forrester asked what happens after the year.

Commissioner Long said he doesn’t understand the motion.

Commissioner Chrisman said the original motion was to send a

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letter advising them of their compliance status. He said he

would amend the motion to include they have one year to rectify

the situation.

Commissioner Long asked if they needed to come in and ask for a

waiver in the interim. Commissioner Chrisman said they should

and included that in his motion.

Mr. Grisham told Commissioner Forrester the statute says it

shall extend no more than one year.

Commissioner Forrester asked if that’s a year from the

inspection. Mr. Grisham says from the request of the waiver.

Commissioner Baker asked if that would mean one year from August

when they appear. Mr. Grisham said yes.

The motion carried.

The 2017 audit/inspection of the Cleveland State Law Enforcement


Findings: 1. All 17 of the current cadets were missing the

required fingerprint report. 2. No combat/action-reaction

course was in place at the firearms range.

Recommendations: A follow-up audit was scheduled and conducted

on June 28, 2017. All fingerprint results were corrected and in

place in each student file. 2. Upon re-audit a makeshift

combat/action-reaction target was being utilized and a

professional target system had been ordered.






2016 Salary Supplement: The following departments did not

submit or insufficiently submitted salary supplement for 2016.

The department head as well as the GDI will be requested to

appear at the August P.O.S.T. Commission Meeting.

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No Salary Supplements Submitted

Trezevant PD

LaGrange PD

HuntLand PD

Powells Crossroads PD

Troy PD

Chair Jenkins said he doesn’t need a motion.

WAIVERS OF SIX-MONTH RULE

The following departments are requesting a waiver of the

six-month rule to keep their officer(s) and the departments in

compliance.

Cannon County Sheriff Office – Request six-month waivers for

Brayde M. Baker (hired June 6, 2017) and Tylr C. Shawver (hired

June 5, 2017), both will be attending TLETA October 2017.



Clarksville Police Department – Request two six-month waivers

for Journey Goldberg (hired March 20, 2017) due to a medical

condition she will not be able to attend TLETA until 2018.

Chair Jenkins said he has a problem with departments coming and

asking for multiple waivers.

Mr. Grisham said Clarksville is of a size where they can afford

to pay her on medical leave until she’s able to attend TLETA.

Plus, she’s not out patrolling by herself.

Chair Jenkins asked if she was working. Mr. Grisham said he was

sure they have her doing something, but she’s definitely not out

patrolling by herself.

Mr. Farris said she’s been on desk duty since March 20, 2017.

She was sworn in on the 16th, and has not performed any

patrolling since.

Chair Jenkins asked could the department not re-classify her as

a civilian until she’s ready to go to the academy. Commissioner

Wilson said that would be easier.

Commissioner Chrisman said you’ve got FMLA, which is what

Mr. Farris said he thought she was on.

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Commissioner Forrester asked if there was a minimum amount of

time you’re supposed to work with a department before getting

FMLA. Mr. Grisham said some departments recognize it right

away. Federal law doesn’t require it until they work for two

years.



Hendersonville Police Department – Request six-month waivers for

Eric T. Matthews, Jr., (hired May 12, 2017) and Daniel C.

Harbsmeier (hired May 27, 2017), both will be attending TLETA

October 2017.

Commissioner Forrester asked Mr. Grisham if they need a waiver

since they have six months to enroll now because that would fall

within the six-month timeframe. Mr. Grisham said they were

hired in May. Commissioner Forrester said it says enrolled, not

completed. Mr. Grisham they really don’t need a waiver.

Commissioner Long moved for approval just in case it runs over,

seconded by Vice-Chair Hannon. The motion carried.

Jackson Police Department – Request six-month waivers for the

following officers, all were hired May 30, 2017, and will be

attending TLETA October 2017.

Ricky Allen, Jr. Timothy Berry Zachary Brown

Zachary Cobb Brandon Cooper Jonathan Goodwin

Joshua Hatch Robert Jaggers Christopher Jimenez

Darren Seward Jared Tull Zachary White

Kurtis R. Krohn Stowe


Wallace. The motion carried.

Madison County Sheriff Office – Request six-month waivers for

Zachary L. Fitzgerald and Timothy B. Thompson (both hired June

11, 2017) and will be attending TLETA October 2017.

Chair Jenkins said they’re not going to vote on that one.

Pulaski Police Department – Request a six-month waiver for Aaron

Pinkelton (hired May 14, 2017) and will be attending TLETA

October 2017.

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Commissioner Long moved for approval, seconded by Vice-Chair


WAIVERS OF IN-SERVICE – RULE 1110-09-.05

Requests for a waiver have been received for the following

officers so that they will remain in compliance with P.O.S.T.

guidelines as well as the department. They are not eligible for

salary supplement.

Chattanooga Police Department – Request officers Wilma Brooks

and William Puckett who did not complete 2016 IS training be

granted in-service waivers for 2016 so the department can stay

in compliance.


Commissioner Wilson. The motion carried.

Jonesborough Police Department – Request officers Justin D.

Davis, Natalie E. Hilton, and Avis I. Smith whom all left the

department without completing 2016 IS training receive

in-service waivers so the department can stay in compliance.

Commissioner Chrisman moved for approval, seconded by Vice-Chair


Mason Police Department – Request officers Malcolm D. Terry and

Jason M. Tyndall who left the department before completing 2016

IS training receive in-service waivers so the department can

stay in compliance.

Commissioner Wilson moved for approval, seconded by Vice-Chair


Memphis Police Department – Request the following officers who

failed for the second year to complete IS training and have been

placed in an inactive status until further notice. They will be

required to have updated psychological and medical evaluations

upon return.

Tony A. Franklin Jacob N. Jones Tina L. Marcy

Stephen O. Sloan Edward C. Young


Commissioner Long. The motion carried.

The meeting was adjourned.

MINUTES FOR P.O.S.T. COMMISSION MEETING July … Tennessee Peace Officer Standards and Training ......

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