constables' education and training board · 2020. 11. 9. · constables' education and training...

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CONSTABLES' EDUCATION AND TRAINING BOARD Thursday, November 19, 2020 at 9:00 a.m. via Skype AGENDA I. Call to Order Page Election of Officers II. Action Item Unapproved Draft Minutes of August 13, 2020 Meeting 2 Unapproved Financial Report for November 19, 2020 Meeting 7 Purchase Order Analysis 8 Administrative Costs Breakdown 9 Constable Fee Collections 10 Training Fund Projections 11 2021 Board Meeting Schedule 12 Instructor Certification 13 Act 233 Stipend Payments for Training Year 2020 14 Annual Firearms Regulation Exception 15 III. Discussion Items IV. Informational Items 2021 Curriculum Overview 16 2021 Training Schedule Update Online Training Update 20 Status of Certifications 21 V. Public Voice VI. Adjournment 1

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  • CONSTABLES' EDUCATION AND TRAINING BOARD Thursday, November 19, 2020 at 9:00 a.m.

    via Skype

    AGENDA

    I. Call to Order Page Election of Officers

    II. Action Item Unapproved Draft Minutes of August 13, 2020 Meeting 2 Unapproved Financial Report for November 19, 2020 Meeting 7

    Purchase Order Analysis 8 Administrative Costs Breakdown 9 Constable Fee Collections 10 Training Fund Projections 11

    2021 Board Meeting Schedule 12 Instructor Certification 13 Act 233 Stipend Payments for Training Year 2020 14 Annual Firearms Regulation Exception 15

    III. Discussion Items

    IV. Informational Items 2021 Curriculum Overview 16 2021 Training Schedule Update Online Training Update 20 Status of Certifications 21

    V. Public Voice

    VI. Adjournment

    1

  • PENNSYLVANIA COMMISSION ON CRIME AND DELINQUENCY CONSTABLES’ EDUCATION AND TRAINING BOARD

    Unapproved Minutes of the August 13, 2020 Meeting

    Members Present Commission Staff Present

    Francis Peitz Jr., Vice-Chair, Allegheny Co. Sherry Leffler, Constables’ Program Craig Westover, Constable, Venango Co. Tracy Beaver, Constables’ Program John Bruno, Chair, Dauphin Co. Nicholas Hartman, Constables’ Program Thomas Brletic, MDJ, Allegheny Co. Sally Barry, PCCD Capt. Joanne Reed, PSP John Pfau, PCCD

    Megan Staub, PCCD Debra Sandifer, PCCD Beth Romero, PCCD Yvonne Murray, PCCD Michael Pennington, PCCD

    Members Absent

    Visitors

    Michael Marcantino, IUP Constable Ralph Jennings, Fayette Deidre Beiter, Temple University Constable John Vaccaro, Lackawanna Anthony Luongo, Temple University Constable Bryan Davenport, Lycoming

    I. Call to Order:

    The Constables' Education and Training Board (Board) meeting was held at 9:00 a.m. on Thursday, August 13, 2020 via Skype. The Board Meeting could not be held at the Pennsylvania Commission on Crime and Delinquency (PCCD), 3101 N. Front Street, Harrisburg, Pennsylvania due to meeting restrictions set forth by the Governor to slow the spread of COVID-19.

    Ms. Sherry Leffler began the meeting by doing a virtual roll call with the names that were visible in the Skype participant panel. Ms. Leffler then asked the additional callers to identify themselves so that attendance could be recorded. After attendance had been established, Ms. Leffler provided the flow of the meeting, and provided basic housekeeping rules to help ensure the quality of the recorded Board Meeting. Ms. Leffler also explained how items would be introduced, discussed, and how the voting process would occur.

    II. Action Items:

    Ms. Leffler introduced the first Action Item: Extension of Firearms Training Certification for 2021. This can be found on page 2 of the Board packet. Ms. Leffler offered to read the Action Item to the Board. The Board did not request the item be read and did not offer any discussion. Ms. Leffler then asked for a motion to approve the Firearms Training Certification. This motion was made by Vice-Chair Bud Peitz and seconded by Chair John Bruno. The motion passed unanimously.

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  • Ms. Leffler introduced the second Action Item: Change to 2020 Certification Training Requirement. This can be found on page 3 of the Board packet. The Board did not offer any discussion. Ms. Leffler then asked for a motion to approve the Change to 2020 Certification Training Requirement. This motion was made by Chair John Bruno and seconded by Constable Craig Westover. The motion passed unanimously.

    Ms. Leffler introduced the third Action Item: Training Class Reimbursement Process. This can be found on page 4 of the Board packet. Ms. Leffler also explained that the Bureau of Training has been requested by constables to reimburse training classes that were cancelled due to COVID-19. Mr. John Pfau did voice his support of this item, as currently there is no process, also echoing the concerns regarding COVID -19. The Board did not offer any discussion. Ms. Leffler then asked for a motion to approve the Training Class Reimbursement Process. This motion was made by Chair John Bruno and seconded by Judge Thomas Brletic. The motion passed unanimously.

    Ms. Leffler announced that the next set of actions items would be the approval of previous draft unapproved Board Meeting Minutes.

    Ms. Leffler introduced the unapproved draft minutes for November 7, 2019, found on page 6 of the Board packet. There was no discussion. Motion for approval by Vice-Chair Bud Peitz and seconded by Chair John Bruno. The approval of the minutes was unanimous.

    Ms. Leffler introduced the unapproved draft minutes for February 13, 2020, found on page 15 of the Board packet. There was no discussion. Motion for approval by Chair John Bruno and seconded by Vice-Chair Bud Peitz. The approval of the minutes was unanimous.

    Ms. Leffler introduced the unapproved draft minutes for June 23, 2020, found on page 19 of the Board packet. There was no discussion. Motion for approval by Constable Craig Westover and seconded by Chair John Bruno. The approval of the minutes was unanimous.

    Ms. Leffler announced that the next set of actions items would be the approval of previous unapproved Financial Reports.

    Ms. Leffler introduced the unapproved Financial Report for November 7, 2019, found on page 24 of the Board packet. There was no discussion. Motion for approval by Chair John Bruno and seconded by Constable Craig Westover. The approval of the minutes was unanimous.

    Ms. Leffler introduced the unapproved Financial Report for February 13, 2020, found on page 29 of the Board packet. There was no discussion. Motion for approval by Judge Thomas Brletic and seconded by Vice-Chair Bud Peitz. The approval of the minutes was unanimous.

    Ms. Leffler introduced the unapproved Financial Report for June 23, 2020, found on page 35 of the Board packet. There was no discussion. Motion for approval by Vice Chair Bud Peitz and seconded by Chair John Bruno. The approval of the minutes was unanimous.

    Ms. Leffler introduced the unapproved Financial Report for August 13, 2020, found on pages 41 thru 46 of the Board packet. Ms. Leffler asked Ms. Yvonne Murray, of PCCD Fiscal Staff, to review the unapproved financial report.

    3

  • Ms. Murray reviewed the balance from the previous year as $1,792,024.50, reported that from fee collections for July 1, 2019 thru June 30, 2020 as $1,599,176.42 which leaves a total funds available ending June 30, 2020 of $3,391,200.32. Ms. Murray explained that both the financial expenditures and financial commitments totaled $1,230,124.77, and $1,477,456.32, respectfully as of June 30, 2020 for a grand total of $2,707,594.09. Ms. Murray stated that the uncommitted balance as of June 30, 202 was $683,606.83. Ms. Murray stated that the explained fiscal numbers, and break downs could be found on pages 41-43 of the Board packet.

    Constable Bud Peitz asked how the current amount of uncommitted money compares to last year’s amount of uncommitted money. Ms. Murray was not able to answer the question because she was not at PCCD last year during the time period in question and would need to look at fiscal reports from the previous year to provide an accurate answer.

    Mr. John Pfau explained that expenditures were low to canceling classroom trainings due to COVID 19. Revenues were also down Mr. Pfau explained due to courts being closed which has impacted courts assigning work to constables. Ms. Leffler also explained that majority of the classes were cancelled. Chair John Bruno made the motion to accept the Financial Report as is, with Judge Thomas Brletic seconding the motion. There was no discussion. The motion was approved unanimously.

    PCCD staff had no additional discussion items, nor did the Board.

    IV. Informational Items:

    Ms. Tracy Beaver provided an online training update that could be found on page 47 of the Board packet. Ms. Beaver updated the Board on the number of Keystone Login Migration logins with 1,035 out of 1,194 having registered. Ms. Beaver also provided the number of CANVAS enrollments, 1,194 constables, number of constables that have started the online training hosted by Temple, 603 constables, and provided the total number of constables who have completed the training, 310 constables.

    No discussion occurred.

    V. Public Voice:

    Temple did not have any comments for the Board. IUP did not have any comments for the Board.

    Ms. Leffler then introduced how Public Voice would operate and reminded all in attendance to please limit their comments to two minutes. Ms. Leffler then asked Ms. Beaver to please go thru the list of those who registered to speak during Public Voice.

    Constable Ralph Jennings of Fayette County had a question regarding Firearms Certification, due to the distance that was needed to travel to the certification courses. Constable Jennings then asked if it were possible if constables could be certified by a private instructor, or through the police. Constable Jennings also thanked PCCD for providing classes, and for the work that they do with the constables. Ms. Leffler answered Constable Jennings question about the use of another provider by explaining that the classes were scheduled at the most convenient location from what the schools could find. Ms. Leffler also explained that there were 36 constables whose Firearms Certifications expired on December 31, 2019 and were enrolled into a 2020 Firearms Certification. These 36 individuals were the focus audience for the

    4

  • three firearms classes that were held by the schools this year. Ms. Leffler encouraged that Constable Jennings enroll early when the next set of courses would be made available.

    Mr. Pfau also explained that many training facilities are not willing to commit to host trainings due to COVID 19, and the uncertainties associated to the virus.

    Mr. Mike Marcantino from IUP also mirrored Mr. Pfau’s explanation by providing that he had contacted several sites to host firearm certifications but was also coming across difficulties. Mr. Marcantino also explained that consideration would be provided to those who are travelling a longer distance.

    Constable John Vaccaro of Lackawanna County wanted to let the Board know that the Board of Elections in Lackawanna County did not pay an additional $100 from COVID funding. Constable Vaccaro also had contacted the Election Board to voice his concerns. It was also mentioned that this also occurred in Washington County. Ms. Leffler explained that this is a county issue, and that the Board has no control over the decision to pay the $100.

    Constable Bryan Davenport of Lycoming County asked if Constables are contractors, why are they not able to outsource to other law enforcement firearm courses to be certified. Ms. Leffler explained that the training and certification comes from the Board. The decision came from the Board, and that the Board does not recognize any other training entities as the equivalent to our training for firearms.

    Mr. Pfau explained that the Board did accept waivers if Act 120 Certifications until 2008/2009. MPOETC has a recommended training but it was not mandatory. A Police Chief determined the amount of training that was provided. However, the Board did away with accepting the waiver, and constables were required to attend the Board certified Firearms Certification. It was found that half of the constables had failed the PCCD Firearms Certification yet had passed at their police departments. The Board has concerns about the quality of the training. As a result, the Board has shied away from accepting other certifications since this is a state standard for firearms. This is the only state standard when it comes to Firearms Mr. Pfau also explained.

    Constable Craig Westover asked Mr. Pfau if there will be any additional Firearms courses this year. Mr. Pfau provided the results of the last training Firearms Certifications. Constable Westover explained that a question was asked of him that would a constable who fails the qualification, would the constable have to repay to become firearms qualified. Mr. Pfau, and Ms. Leffler said according the regulations, the answer would be yes.

    Constable Westover also explained preparations such as eye exams, and proper gun maintenance can also impact a constables’ ability to pass the qualification. Constable Westover also explained that masks could be a hinderance, but at the qualification in question, anti-fog spray was provided to the constables to use. Constable Westover recommended that constables be reminded of preparatory actions they can complete prior to the firearms qualification to reduce factors that could impact a constable’s ability to pass the firearms qualification.

    Constable Westover also addressed his concern about Firearms Certifications occurring outside of the firearms qualifications held by schools contracted with PCCD. Constable Westover’s concern was not knowing the qualification course being used to test the shooters, or having an instructor sign off on a certification. Constable Westover reinforced what was discussed earlier regarding the concerns of having a nonapproved PCCD Firearms Certification.

    5

  • Mr. Pfau also explained that firearms instructors can teach multiple firearms curriculum, and that some of the instructors needs to focus on remembering that they are calling the right course during firearms qualifications. Mr. Pfau also explained that the firearms qualification is often the first time that many constables receive formal training.

    Constable Westover also explained that Laser Shot was successful at the qualification he was running laser shot. Constables were able to run the scenarios individually, and as a pair. Constable Westover spoke about how about how it had a positive impact on those in attendance with more exposure to Laser Shot.

    VI. Adjournment:

    Ms. Leffler asked for a motion to adjourn the meeting at 9:49 a.m. A motion was made by Chair John Bruno to adjourn the meeting and the motion was second by Judge Thomas Brletic.

    VOTING AYE: Peitz, Bruno, Westover, Brletic VOTING NAY: None ABSTAINING: None

    The next Board meeting will be held on November 19, 2020 at 9am via Skype.

    6

  • RECEIPTS RECEIPTS BALANCE

    Balance from Previous Year $2,161,076.15

    Fee Collections for 07/01/20-9/30/2020 $216,188.31

    TOTAL FUNDS AVAILABLE AT 09/30/2020 $2,377,264.46

    EXPENDITURES AND COMMITMENTS EXPENDITURES COMMITMENTS TOTAL

    Administration: $111,526.65 $84,019.00 $195,545.65

    Education:

    Alutiiq Diversified Services LLCPO 4300608821

    01-01-2019 to 12-31-2019 $4,625.88 $48,108.69 $52,734.57

    Temple University PO 4300567624

    01-01-2018 to 12-31-2020 $7,106.85 $254,477.36 $261,584.21PO 4300629126

    7-1-2019 to 6-30-2021 $38,903.01 $161,057.28 $199,960.29

    Pennsylvania State UniversityPO 4300567627

    01-01-2018 to 12-31-2020 $0.00 $147,059.51 $147,059.51PO 4300629098

    07-01-2019 to 6-30-2021 $0.00 $411,780.03 $411,780.03

    Indiana University of PA PO 4300567625

    01-01-2018 to 12-31-2020 $17,250.66 $288,655.34 $305,906.00

    TOTAL EXPENDITURES AND COMMITMENTS $179,413.05 $1,395,154.21 $1,574,570.26As of September 30, 2020

    .Uncommitted Balance as of September 30, 2020 $802,694.20

    Prepared By:Yvonne MurrayFinancial Administration10/07/20

    PENNSYLVANIA COMMISSION ON CRIME AND DELINQUENCYCONSTABLES' EDUCATION AND TRAINING ACCOUNT

    COMBINED STATEMENT OF CASH RECEIPTS, EXPENDITURES, AND COMMITMENTSFOR STATE FISCAL YEAR 2020-21 AS OF SEPTEMBER 30, 2020

    7

  • Vendor Name PO Augmentation Expenditures Liquidation Expenditures Liquidation Expenditures Liquidation Expenditures Liquidation

    Purchase Description of Service Beginning * PAID * from 17-18 *PAID* from 18-19 *PAID* from 19-20 *PAID* from 20-21 Commitments

    Order Term Balance in 17-18 FY Budget in 18-19 FY Budget in 19-20 FY Budget in 20-21 FY Budget as of 09-30-20

    Pennsylvania State University

    PO 4300629098 curriculum development $474,627.09 $62,847.06 $411,780.03

    7-1-19 to 6-30-2021

    Temple

    PO 4300567624 education/training $1,357,620.50 $222,541.43 $169,196.22 $94,713.00 $367,794.14 $513,872.45 $173,001.91 $7,106.85 $254,477.36

    1-1-18 to 06-30-2021PO 4300629126 education/training $199,189.20 $16,945.95 $16,174.86 $38,903.01 $161,057.28

    7-1-19 to 6-30-2021

    IUP PO 4300567625 1-1-18 to 06-30-21 $1,053,850.62 $254,920.11 $55,312.25 $81,210.35 $339,186.82 $285,614.20 $241,541.11 $17,250.66 $288,655.34

    PSU Fayette

    PO 4300567627 education/training $1,073,272.86 $288,536.48 $71,558.69 $131,210.39 $274,236.05 $407,944.63 $125,075.23 $204,724.84 $147,059.51

    1-1-18 to 06-30-21

    ` Alutiiq Diversified Services LLCPO 4300608821 $54,676.00 $55,149.80 $15,305.03 $41,786.20 $4,625.88 $48,108.69

    1-1-2019 to 12-31-20

    Pennsylvania Commission on Crime and Delinquency

    Constables' Education and Training

    PO & FC Status as of September 30, 2020

    8

  • Commitment ExpenditureDescription Detail Detail

    Personnel Services (direct staff): $78,758.92

    Personnel Services (Time Sheet Transfers):

    Operational Expenses:

    Travel $167.36

    Telecommunications $3.00 $272.97

    IT Consulting - Staff Augmentation Contract $38,922.30 $25,007.59

    Specialized Services (Inter-Agency Billings/Data Collection) $6,479.62

    Checks Deposited for Class Reimbursement, etc.

    Computer Hardware Periph/Software Lic $1,575.74

    Real Estate - building rental $38,614.08 $4,064.64

    Freight

    Office Supplies $170.97

    Printing $23.46

    Refund for class cancellation $1,485.00

    Other Operational Expenses $0.00

    Total Administrative Costs: $84,019.00 $111,526.65

    Constables Fiscal ReportAdministrative Costs

    July 1, 2020 to September 30, 2020

    9

  • Quarter ending

    State Fiscal Year

    State Fiscal Year

    State Fiscal Year

    State Fiscal Year

    State Fiscal Year

    State Fiscal Year

    State Fiscal Year

    State Fiscal Year

    State Fiscal Year

    State Fiscal Year

    State Fiscal Year

    State Fiscal Year

    2009-10 2010-11 2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 2017-18 2018-19 2019-20 20-21

    September 506,738.61 496,944.32 479,877.77 483,640.92 491,203.69 $477,105.84 $465,698.80 $437,687.24 446,829.50 $437,573.36 444,671.65 216,188.31

    December 502,956.46 515,025.88 486,007.31 485,501.12 501,599.06 $477,891.39 $455,449.06 $450,214.81 450,313.90 $446,860.46 456,517.40

    March 460,704.54 465,626.63 447,073.75 449,069.29 446,419.23 $416,472.28 $408,115.33 $414,108.15 409,149.54 $409,408.81 259,153.04

    June 536,517.29 528,078.15 516,122.11 525,956.69 495,854.11 $490,273.42 $500,476.05 $461,252.53 454,455.77 490,240.70 438,834.33

    SFY Total $2,006,916.90 $2,005,674.98 $1,929,080.94 $1,944,168.02 $1,935,076.09 $1,861,742.93 $1,829,739.24 $1,763,262.73 $1,760,748.71 $1,784,083.33 $1,599,176.42 $216,188.31

    20-21 FY

    projection

    $1,552,640

    CONSTABLE FEE COLLECTIONS

    10

  • Beginning Ending

    State FY Balance Revenue % (+ -) Expenditures % (+ -) Balance

    Actual:

    15/16 $4,306,832 $1,829,739 -1.72% $2,757,952 16.72% $3,378,619

    16/17 $3,378,620 $1,763,263 -3.63% $2,374,537 -13.90% $2,767,345

    17/18 $2,767,345 $1,760,749 -0.14% $2,765,506 16.47% $1,762,588

    18/19 $1,762,588 $1,784,083 1.33% $1,754,647 -36.55% $1,792,025

    19/20 $1,792,025 $1,599,176 -10.36% $1,230,125 -29.89% $2,161,077

    5 year Average $1,784,583 -2.91% Average $2,632,665 -9.43%

    20-21 FY - 1st Quarter Actual

    1st Qtr $2,161,076.15 $216,188.31 $179,413.05 $2,197,851.412nd Qtr $0.003rd Qtr $0.004th Qtr $0.00Total $216,188.31 $179,413.05

    PROJECTION:

    20/21 $2,161,077 $1,552,640 -2.91% $1,254,727 2.00% $2,458,990

    21/22 $2,458,990 $1,507,459 -2.91% $1,279,822 2.00% $2,686,627

    22/23 $2,686,627 $1,463,592 -2.91% $1,305,418 2.00% $2,844,801

    23/24 $2,844,801 $1,421,001 -2.91% $1,331,526 2.00% $2,934,276

    24/25 $2,934,276 $1,379,650 -2.91% $1,358,157 2.00% $2,955,769

    NOTES: Revenue projection begins with 19/20 actual revenue adjusted by average percentage change. Expenditure projections are capped at a 2% increase per FY and adjusted by this percentage change.

    Constables Education and Training Fund 20-21 PROJECTIONS - Quarterly Update

    18-19 Projection11

  • ACTION ITEM

    CONSTABLES’ EDUCATION AND TRAINING BOARD

    November 19, 2020

    Constables’ Education and Training Board 2021 Meeting Schedule

    Date Location Time

    Thursday, February 11, 2021 Harrisburg/Team* 9 am PCCD 3101 N. Front Street Harrisburg, PA 17110

    Thursday, May 6, 2021 Harrisburg/Team* 9 am PCCD 3101 N. Front Street Harrisburg, PA 17110

    Thursday, August 12, 2021 Harrisburg/Team* 9 am PCCD 3101 N. Front Street Harrisburg, PA 17110

    Thursday, November 4, 2021 Harrisburg/Team* 9 am PCCD 3101 N. Front Street Harrisburg, PA 17110

    Please call (717) 265-8554 or toll-free, (800) 692-7292, if more information or special accommodations are needed.

    *More information regarding the Team Meeting and call in instructions will be posted on the Constables’ page on the PCCD Training Website.

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  • ACTION ITEM

    CONSTABLES’ EDUCATION AND TRAINING BOARD

    November 19, 2020

    Instructor Review and Certification

    This instructor application has been received for Board review and consideration for certification:

    Temple University

    Bruce Nisbet

    Current Topic Certifications Requested Topic Certifications

    General Firearms

    Occupation: Police Sergeant

    Education (Level Achieved): High School Diploma

    Organization: Springfield Township Police Department

    Years of Law Enforcement Experience: 28 years

    Years of Instructional Experience: 26 years

    Last Instructional Assignments: Montgomery County Community College Municipal Police Academy

    Certifications / Other Special Qualifications: PSP Municipal Police Firearms Instructor Development Course, MPOETC Firearms Instructor, F.A.T.S. Firearms Training System and Dynamic Handgun certifications

    Staff Recommendation: Staff recommends Board certification of Bruce Nesbit for the topics listed above.

    13

  • ACTION ITEM

    CONSTABLES’ EDUCATION AND TRAINING BOARD

    November 19, 2020

    Act 233 Stipend Payments for Training Year 2020

    Background

    §7149(f) Fund surplus. “If account money are sufficient to meet the expenses and costs under subsection (a), the commission may allocate any surplus funds in the account to assist constables and deputy constables with costs associated with attendance at continuing education programs under section 7146 (relating to continuing education).”

    As designated by Act 233 Payments Under Title 44, Law and Justice, Chapter 71, Constables Section 7149 (f) Fund Surplus, the Commission may allocate any surplus funds in the Constables Education and Training Account (CETA) to assist constables and deputy constables with costs associated with attendance at continuing education programs under section 7146 (relating to continuing education).

    In recent years the Board and the Commission have determined that there were no surplus funds in the CETA, sufficient to assist constables and deputy constables with costs associated with continuing education programs. The Commission did approve training stipends in 2006, 2007, and 2008, however there have been no stipends approved by the Board or Commission since that time. The Board continues to monitor the stability and health of the CETA and annually makes a recommendation on whether or not to provide a stipend to constables and deputy constables for consideration by the Commission.

    Due to the current unhealthy status of the CETA, Program Staff recommend to the Board that no Act 233 stipend be provided to constables and deputy constables this training year. No stipend payments will be made until the account monies are sufficient to meet these expenses.

    Action Requested

    Based on the status of the CETA, Program Staff recommends that no payments be made under Title 44, Section 7149(f) to constables and deputy constables for the Training Year 2020 until sufficient funds are available to allocate those surplus funds to a stipend payment.

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  • ACTION ITEM

    CONSTABLES’ EDUCATION AND TRAINING BOARD

    November 19, 2020

    Annual Firearms Regulation Exception

    Program Staff were contacted recently by Constable Thomas Marcin (B001094, Allegheny County) regarding his expired firearms certification and the cancellation of the Annual Firearms Qualification Courses. Constable Marcin’s firearms certification expired on December 31, 2017 and he was enrolled in SW03AF20, which was cancelled due to the COVID pandemic. He needed to successfully complete this class in order to avoid a lapse of 3 years or more in his firearms certification, see below.

    Per Board Regulation, Title 37, Chapter 431, Section 431.48 Lapse of qualification.

    (b) The Board will reactive a firearms certification that is lapsed for 3 years or more upon the constable’s successful completion of a basic firearms qualification course.

    Due to no fault of his own, Constable Marcin was not able to successfully complete the required annual firearms qualification to re-activate his firearms certification prior to the 3 year lapse. Constable Marcin has attended both Annual and Advanced Firearms Courses in the past and has a good training and attendance record with the Program.

    Program Staff are recommending that the Board approve an exception to the above Board Regulation to allow Constable Thomas Marcin the opportunity to enroll and attend an Annual Firearms Qualification Course in 2021. However, if a failure would occur during the 2021 Annual Firearms Qualification Course, Constable Marcin shall bear financial responsibility for the cost ($155) of the additional firearms qualification Course.

    Should a double failure of the 2021 Annual Firearms Qualification Course occur, Constable Marcin would then be required to attend the Basic Firearms Training Course in 2022. Per current Board Policy, Constable Marcin would be responsible for the cost ($1,485) to the attend this Basic Firearms Training Course.

    Program Staff are requesting the Board’s approval to allow a firearms exception of the above Board Regulation for Constable Thomas Marcin.

    15

  • List of 2021 Constable Courses

    2021 Basic

    Role of the Constable in the Justice System (Four Hours) - This block of instruction provides an overview of the evolutionary development of the constable in Pennsylvania. It clarifies the constable’s legal responsibilities, as well as identifying civil liability issues that may affect the office of the constable. In addition, constables are presented with a working knowledge of the Pennsylvania justice system. This course includes a written examination.

    Professional Development I – Formal Communication (Four Hours) - Formal communications are an important skill in any profession. Given the position of the constable in Pennsylvania's judicial system it is especially important for constables to understand the importance of formal communications and how it impacts their day-to-day operations. The course includes an introduction to basic interview skills along with the basic principles of report writing. This course includes a written examination.

    Professional Development II – Professional Conduct (Four Hours) - This course was developed to facilitate constables' understanding of the issues of professional conduct and how they impact their day-to-day operations. The course presents an introduction to the development of moral standards and the importance of ethics for constables. Other specific areas that are discussed include individual responsibility and standards, relationships with the community and cultural diversity. This course includes a written examination.

    Civil Law and Process (Twelve Hours) - This instruction focuses on many of the constable’s duties in the area of civil procedure, including service of process. The topic takes into account procedural rules that are applicable throughout the Commonwealth under Title 246, Minor Court Civil Rules, while directing constables to be cognizant of local rules and customs. Specific emphasis is placed on the citation of rules of Chapters 200, 300, 400, 500, 800, and 1200. Additionally, Title 42. Chapter 62A. Protection of Victims of Sexual Violence or Intimidation (Act 25 of 2014) will be reviewed. This course includes a written examination.

    Criminal Law and Process (Eight Hours) - This course introduces constables to the history and development of criminal law in Pennsylvania. Constables’ specific duties within the criminal process are highlighted, as well as their authority and responsibilities in the areas of arrest, accountability for property and monies, and the most current law dealing with constable authority. This course includes a written examination.

    Use of Force (Four Hours) - This area of training provides the constable with working knowledge in the areas of both lethal and non-lethal use of force. Recent case law pertinent to use-of-force issues is presented. This course includes a written examination.

    Mechanics of Arrest (Eight ours) - This course is designed to provide the constable with proper techniques for the arrest of compliant and non-compliant persons. These techniques utilize subject control holds and takedowns and direct the constable to perform the arrest from a position of advantage. The constable will be provided proper handcuffing and searching techniques for compliant and non-compliant individuals. This course includes a written examination.

    Defensive Tactics (Ten Hours, Thirty Minutes) - This 10-hour, 30-minute block of instruction presents the constable with techniques for self-defense against armed and unarmed attackers. The defensive techniques presented include basic patterns of movement and footwork, reactionary gap/constable interview position, ground fighting (offensive and defensive), Intercepting Block, hand and arm striking skills, kicking skills, and techniques for escapes, control, and escorts, including the Unbalancing Concept. Constables must come prepared for physical activity and dressed appropriately. In addition, this session provides the constable with techniques for retaining the holstered handgun from attack. These handgun retention techniques will also provide the constable with the ability to prevent attacks on his/her holstered

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  • handgun. Each constable must demonstrate a working knowledge of each technique. Additionally, part of the training will include mandatory participation in scenario-based training exercises. This course includes a written examination.

    Prisoner Transport (Four Hours) - This course provides Pennsylvania's constables with the procedures to properly handle prisoners in correctional facilities, in the transport vehicle or van, during movement, and throughout escort into court. The training also addresses numerous variables of prisoner transport, including constable safety, prisoner movement preparations, proper control and restraint, and special considerations such as pregnant or suicidal prisoners. The course includes discussion on movement and transportation issues based on several actual incidents that have occurred throughout the United States. This segment provides constables with actions and precautions that they can employ to reduce the possibility that a prisoner will escape their custody or that a problem will occur during transport. This course includes a written examination.

    Court Security (Four Hours) - This block of instruction provides an overview for the constable’s role in courtroom security. The constable will review the preliminary aspects of security to heighten his/her awareness of the potential problems that may arise in the courtroom. Issues to be discussed will include but are not limited to threatening behavior, searches, evaluation techniques as well as responding to emergencies. This course includes a written examination.

    Crisis Intervention (Five Hours, Thirty Minutes) - This course will define a crisis and the physical and emotional reactions a person may have in response. The course will also provide constables with the knowledge and skills to recognize the signs and behaviors of individuals with special needs who may be experiencing a crisis. A discussion focusing on mental illness is included to facilitate students’ understanding of indicators of common mental illnesses as well as ways to maintain control of encounters with the mentally ill, including those who may show signs of violence or aggression. Additionally, this course emphasizes how a constable should interact with emotionally disturbed persons, including those who are suffering from excited delirium. Specific information related to interacting with individuals who may be suicidal is included, as well as a discussion on what to do as a hostage or as a first responder to a hostage situation. This course includes a written examination.

    OCAT Oleoresin Capsicum (OC) (Four Hours) - This 4-hour block of instruction covers the practical applications of Oleoresin Capsicum (pepper) spray. The class is divided into lectures and practical exercises. Lectures cover the characteristics, effects, proper usage, and decontamination of OC spray, as well as a review of the use-of-force continuum. Practical exercises review proper carrying and drawing techniques, body positioning, proxemics, patterns of movement, and spraying. Scenarios cover spraying a combative subject in a variety of settings, including single-constable, contact/cover, and constable-down situations. Successful completion of the instruction provides the constable with a Personal Protection Consultants, Inc. (PPC) certificate valid for three years from an approved PCCD Physical Skills Instructor utilizing curriculum from PPC. This class includes a written exam and a proficiency exam.

    Monadnock® Expandable Baton (MEB) (Four Hours) - This class adds four subject-control techniques to the Monadnock® Expandable Baton (MEB) Basic and is presented in a 4-hour block of instruction. Successful completion of the instruction provides the constable with certification valid for three years from an approved PCCD Physical Skills Instructor utilizing curriculum from Safariland Training Group. Constables demonstrate their baton carries, blocks, strikes, and retention techniques. They also demonstrate subject-control techniques, including baton arm locks, escorts, and handcuffing techniques. Constables are able to discuss use of force issues and the Monadnock Baton Chart. This class includes a written exam and a proficiency exam.

    Management of Aggressive Behavior (MOAB) (Four Hours) - MOAB® For Public Safety Officers presents principles, techniques, and skills for recognizing, reducing and managing violent and aggressive behavior. The program also provides humane and compassionate methods for dealing with aggressive behavior. Successful completion of the instruction provides the constable with a MOAB® Training International, Inc. certificate valid for two years from an approved PCCD Physical Skills Instructor utilizing curriculum from MOAB®. This class includes a written exam.

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  • 40-Hour BASIC FIREARMS-The 40-Hour Basic Firearms Course is designed to provide an essential grounding in acceptable law enforcement techniques for any constable who is uncertified with a weapon and who is not precluded under State or Federal law from possessing or using a firearm. The Course consists of a series of lectures, laboratory activities, and practical exercises that provide a basic understanding in the safe manipulation of a service revolver/pistol. It starts with the presumption that the participant has little or no formal training. The Course stresses safe handling techniques, proper cleaning, correct weapons handling skills and marksmanship. As part of the training, the constable will be exposed to firing in reduced light and to interactive judgmental shooting scenarios. It is offered upon the conclusion of the 80-Hour Basic Training Course.

    The CQC is divided into two stages. A shooter must qualify on each phase with a score of at least a 75%. The shooter who fails to pass one of the phases will be permitted to repeat the phase on which he or she did not meet the 75% threshold. This Course includes a written exam.

    2021 Continuing Education

    Cultural Diversity (4-Hours Online)-Cultural Diversity introduces concepts of cultural differences among the population of people a constable may encounter over the course of their career. Cultural awareness will be taught to give the constable a benchmark of their own cultural aspects, while contrasting these concepts with cross-cultural awareness and differences in cultural approaches to communication. Understanding these cultural communication contexts is important for constables to avoid communication failures and conflicts when engaging with the public. An examination of specific cultures and their practices and methods of expression both verbally and non-verbally will be covered in this course to create a wider knowledge and understanding of different cultural practices from which the constable may work. This course includes an examination.

    Effective Communication (4-Hours Online)-A large part of a constable’s work involves engaging with members of the community which requires communications with others. Effective communications will delve deeper into the examination of the way people communicate verbally and non-verbally, while also introducing cultural differences in methods of self-expression. This course will also introduce the concept of effective listening and information gathering, both of which are necessary components of successful work as a constable. Communication barriers will be explored as impediments of the job, and methods of overcoming these communication obstacles will be taught for successful exchanges between constables and the people they encounter during work. This course includes an examination.

    Ethics (4-Hours Online)-The Ethics course focuses on reinforcing ethical behaviors of constables while on the job. This course will define the origin of ethics, what ethics are and what ethics are not, and how this information applies to the daily execution of a constable’s responsibilities. External stressors that trigger ethics violations will be investigated, as will neutralizations of unethical behavior in order to provide the constable the ability to self-identify ethical conflicts in their work. Content will be provided discussing unacceptable work behaviors along with discussion on the role and responsibilities of The Pennsylvania Ethics Commission relative to constables. This course includes an examination.

    Every Constable’s Worst Nightmare (4-Hours Classroom)-Constables, when performing assigned duties, face risk every day. Constables are trained to recognize and minimize risk whenever possible. However, there are situations when constable can follow the law, effectively use their training, take reasonable precautions, and still have a situation degrade suddenly and lead to a disastrous outcome. In this 4-Hour module, constables will examine one such situation wherein a constable who was performing an eviction pursuant to an Order for Possession faced a sudden and violent threat from an armed subject that led to the death of an innocent 12-year-old girl. Constables will examine the factors that lead up to the incident; what the constable knew prior to the incident; and his actions before, during, and after the encounter. The course also looks at information that, if it were known to the constable prior to the incident, would have likely changed the outcome. This course will examine the legal aspects of the incident, the necessity of having a plan, and the importance of training and skill development. This course will also review

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  • the support mechanisms that were made available to the constable in the aftermath and how the constable dealt with law enforcement, prosecutors, and the media. The course will also deal with the personal and psychological costs that followed the incident. This course includes a written examination.

    Judgmental Use of Force (4-Hours Classroom)- This 4-Hour course uses a small arms simulator’s (Laser Shot) judgmental video-based scenario capabilities to provide constables with the ability to engage in a series of vignettes to reinforce their use of force decision-making skills. The course includes a review of relevant federal case law including Tennessee v. Garner and Graham v. Connor as well as Pa. Title 18, Chapter 5. General Principals of Justification. Additionally, practical skills such as pre-planning and cover and concealment will be reviewed. Participation is mandatory for every constable in both labs: use of force judgmental scenarios based specifically on established constable judicial duties and a basic practical skill walk though re-familiarizing constables with planning warrant service. This course includes a written examination.

    5-Hour ANNUAL QUALIFICATION -At the July 9, 2018 Constables Education and Training Board (Board) meeting, the Board voted to eliminate the 20-Hour Annual and 20-Hour Advanced Firearms Training Courses and replace it with a 4-Hour Annual Qualification Course. The Pennsylvania Commission on Crime and Delinquency (PCCD) approved this change at its September 12, 2018 meeting. Constables will sign up for a 4-Hour Annual Qualification Course through the Constables Certification, Education and Training System (CCETS), as they would for any other training.

    The 2021 5-Hour Annual Qualification Course will consist of a written test, administrative procedures, safety brief and firing the Constable Qualification Course (CQC) of fire. There will be no practice of the CQC. A Student Firearms Study Guide will be available in CCETS; constables must review and study this Guide prior to attending a 4-Hour Annual Qualification Course. The written test will be on the material in the Student Firearms Study Guide at the start of the 4-Hour Annual Qualification Course. If a constable fails the written test after two attempts, they will be dismissed from the class and will not be given an opportunity to attempt to qualify.

    Qualification with two weapons is permitted in 2021, subject to time constraints and range conditions. The constable must provide sufficient ammunition for that additional weapon. Constables must qualify with Weapon 1 before they will be permitted to attempt to qualify with Weapon 2.

    If a constable fails to achieve the required score during a Weapon 1 qualification attempt and re-shoots the portion of the course failed but still fails to qualify, that constable will not be permitted to attempt qualification with Weapon 2.

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  • INFORMATIONAL ITEM

    CONSTABLES’ EDUCATION AND TRAINING BOARD

    November 19, 2020

    Online Training Update

    The numbers reported below are as of October 30, 2020:

    Keystone Login Migration Stats:

    Successful Migration to Keystone Login: 1,064 (90%) Total active constables and deputy constables: 1,181

    Canvas Activation Stats:

    Total number of enrollments: 1,181 Total number that have started online training

    Or activated Canvas account: 791 (67%) Total number of online subject completions: 551 (47%)

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  • INFORMATIONAL ITEM

    CONSTABLES’ EDUCATION AND TRAINING BOARD

    November 19, 2020

    Status of Certifications

    As of November 2, 2020, there were 1,014 constables and deputy constables currently listed as active and certified. Of these, 820 or 81% were also certified to carry a firearm in the performance of their constable duties.

    Since the inception of the Constables’ Training Program in 1996, there have been a total of 4,633 individuals who successfully completed basic training or the waiver examination and were certified by the Board.

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