1000.
OBJECTIVES
The objectives of the Commission on Law Enforcement Standards and
Training are:
(1) To encourage
increasing the professional competency of law enforcement officers:
(a) By establishing minimum standards for
employment including minimum standards of education, physical, emotional,
intellectual and moral fitness, and such other matters as relate to the
competence and reliability of persons seeking employment within the public law
enforcement service.
(b) By
establishing minimum standards for the training of law enforcement
officers;
(c) By providing,
sponsoring or coordinating law enforcement training courses.
(2) To conduct or stimulate
studies and research designed to improve law enforcement administration and law
enforcement within the state and assist in the implementation of Commission
recommendations.
1001.
DEFINITIONS
(1) "Commission" is
the Commission on Law Enforcement Standards and Training.
(2) "Chairman" is the Chairman of the
Commission.
(3) "Director" is the
Director of the Commission.
(4)
"Political Subdivision" means any county, municipality, township or other
specific local unit of government.
(5) "Department Head" is a chief of police,
sheriff, or chief administrator of any law enforcement agency of the state or
any political subdivision who is responsible for the prevention and detection
of crime and the enforcement of the criminal, traffic or highway laws of this
state.
(6) "Assistant Department
Head" is an officer occupying the first position(s) subordinate to a Department
Head, and for which commensurate pay is authorized.
(7) "Middle Management Position" are those
positions which are between first level supervisory positions and Assistant
Department Head positions as defined in this section and for which commensurate
pay is authorized.
(8) "First Level
Supervisory Positions" are positions occupied by a law enforcement officer,
deputy sheriff or other employee who, in the upward chain of command, directly
supervises law enforcement officers as defined in this section and for which
commensurate pay is authorized.
(9)
"Law Enforcement Officer" as recognized by this Commission for certification
will be an appointed law enforcement officer who is responsible for the
prevention and detection of crime and the enforcement of the criminal, traffic
or highway laws of this state, excluding only those officers who are elected by
a vote of the people. The definition does not apply to employees of
organizations or state departments and other like agencies not primarily
involved in law enforcement. The criteria to determine if a person is a law
enforcement officer are that he or she:
(a) Is
employed by a law enforcement agency; and
(b) Serves a law enforcement function for
that agency; and
(c) Receives a
salary authorized by that agency; or
(d) Is a legally appointed Auxiliary
Officer.
(10) "Law
Enforcement Agency" means:
(a) A private
college or university law enforcement agency as described in § 12-20-101
et seq.;
(b) The Arkansas
Commission on Law Enforcement Standards and Training and the Black River
Technical College Law Enforcement Training Academy as designated under §
12-9-210; and
(c) Any other entity
designated by law as a law enforcement agency;
(11) "School" is any school, college,
university, academy, or local training program which offers law enforcement
training or education and includes within its meaning the combination of course
curriculum instructor, and facilities.
(12) "Course" is a grouping of classes or
series of lessons or lectures combined to attain a particular educational or
law enforcement training objective.
(13) "Class" is a single meeting or session
devoted to a specific law enforcement related subject or topic.
(14) "School Director" or "School
Coordinator" is an individual charged with the responsibility of conducting a
training class, course or school under the provisions of the act. A School
Director or Coordinator must be a qualified law enforcement officer or an
official of a college or university, or Director of the State Law Enforcement
Training Academy.
(15) "High
School" is a school accredited as a high school by the Arkansas Department of
Education or a school accredited as a high school by the state university of
the state in which the high school is located.
(16) "The Act" refers to Act 452 of 1975,
codified at Ark. Code Ann. §§ 12-9-101, et seq., as
amended.
(17) "Educational Credits"
are credits earned for studies or courses satisfactorily completed at a college
or university approved as a degree granting institution.
(18) "Accredited Institution" means any
community college, college, university, where the curriculum is approved as
such by the department of education of the state in which the community
college, college or university is located or the recognized national or
regional accrediting body.
(19)
"Full-time Law Enforcement Officer" is one who:
(a) Is employed by and receives a salary
authorized by a law enforcement agency;
(b) Has the statutory authority to enforce
the criminal, traffic or highway laws of the state;
(c) Works more than twenty-four (24) hours
per week.
(20)
"Part-time Law Enforcement Officer" is one who:
(a) Is employed by and receives a salary
authorized by a law enforcement agency;
(b) Has the statutory authority to enforce
the criminal, traffic or highway laws of this state;
(c) Works twenty-four (24) hours per week or
less.
(21) "Auxiliary
Law Enforcement Officer" means a person who meets the minimum standards and
training requirements prescribed for such officers by law and regulations, and
who is appointed by a political subdivision or a law enforcement agency as a
reserve officer, volunteer officer, or mounted patrol, not including any
officer or deputy county sheriff employed by a planned community property
owners' association, and who receives no salary or wages for the performance of
duties.
(22) "Police Traffic Radar
Operator" means a full-time, part-time, or auxiliary law enforcement officer
who has met the minimum standards and training requirements prescribed for such
officers, and who is appointed by a political subdivision or a law enforcement
agency.
(23) "Specialized Police
Personnel" are those Full-time or Part-time officers authorized by statute or
employed by a law enforcement agency whose duty as prescribed by law or
ordinance is enforcing some part of the criminal or highway laws of this state
and their authority is limited to the facility or area in which they
work.
(24) "Division" means the
Office of Law Enforcement Standards and Training.
1002.
MINIMUM STANDARDS FOR EMPLOYMENT
OR APPOINTMENT OR CONTINUED EMPLOYMENT
(1) Subject to the provisions of A.C.A.
12-9-106(e), no individual shall serve, be employed or otherwise function as a
law enforcement officer in this State unless the person has satisfactorily
completed a program of law enforcement training at a Commission-approved
school, except that an individual may serve, be employed or otherwise function
as a law enforcement officer for a term of nine (9) months from his initial
employment or appointment date as a law enforcement officer.
(a) Upon the finding of extraordinary
circumstances, the Commission, by majority vote, may extend this initial nine
(9) month period.
(b) All requests
for extensions must be submitted and received by the Commission prior to the
end of the nine (9) month period.
(2) Verification of minimum employment
standards must be maintained by the employing department.
(3) Every officer employed by a law
enforcement agency shall:
(a) Be a citizen of
the United States.
(i) Verification of place
and date or birth may be established by any of the . following means:
(A) Birth Certificate
(B) Family Bible Records
(C) Religious Documents (Certificate of
baptism, birth, etc.)
(D) Copy of
Department of Defense Notice of Separation (DD-214), if such information is
included on the form.
(E) Local
voter registration records
(F)
Naturalization or other citizenship records
(G) Any other official documents approved by
the Commission Copies of the documents used for verification will be retained
by the employing agency and must be available for examination at any reasonable
time by representatives of the Commission.
(b) Be at least 21 years of age.
(i) Every officer employed by a law
enforcement agency must be a citizen of the United State of America and must be
at least twenty-one (21) years of age.
(ii) A person may be employed by a law
enforcement agency at twenty (20) years of age for the purposes of attending a
basic law enforcement training academy. However, no individual shall perform
the functions of a law enforcement officer until they have reached twenty-one
(21) years of age.
(c)
Be fingerprinted and a search initiated of state and national fingerprint files
to disclose any criminal record.
(i) A
criminal records search will be conducted through the Arkansas Crime
Information Center (ACIC) and National Crime Information Center (NCIC) on each
candidate for employment.
(ii) Each
candidate for employment is fingerprinted on the standard applicant fingerprint
form (FBI Card FD-258), which is to be forwarded to the Arkansas State Police,
Little Rock, Arkansas. State files will be checked and the card forwarded to
the FBI in Washington, D.C.
(iii)
Applicants with criminal records as defined by CLEST Rules will be rejected.
Applicants with criminal records other than felony offenses will be evaluated
and a final decision reached by the department concerned.
(iv) Any department head who certifies to the
Commission that an applicant's fingerprints have been taken and submitted as
required, when they have not, shall be in violation of Ark. Code Ann. 5-53-103.
False swearing is a Class A misdemeanor.
(d) Be free of a felony record. A felony
record shall mean having entered a plea of guilty, been found guilty, or
otherwise having been convicted of an offense, the punishment for which could
have been imprisonment in a federal penitentiary or a state penitentiary. The
fact that an individual has received a pardon, or their record has been
expunged shall not release the individual from having a felony record for the
purposes of this rule.
(i) Any applicant who
has entered a plea of guilty or has been convicted by any state or by the
Federal Government of a crime, the punishment for which could have been
imprisonment in a federal penitentiary or a state prison will not be eligible
for certification.
(ii) Retention
on a permanent basis by the employing agency will depend upon the satisfactory
results of the fingerprint record check on all law enforcement officers
employed under the Act.
(e) Be of good character as determined by a
thorough background investigation
(i) The
background investigation must be conducted on each applicant to determine
character traits and habits indicative of moral character.
(ii) Only applicants of good character should
be employed.
(iii) For all law
enforcement officers employed under the Act, retention on a permanent basis by
the employing agency will depend on the satisfactory results of the background
investigation.
(f) Be a
high school graduate or have passed the General Education Development (GED)
Test indicating high school graduation level. Home school diplomas will not
substitute for the above unless approved by the Commission.
(i) Applicants for the position of law
enforcement officer under the Act will be required to furnish documentary
evidence of one of the following:
(A)
Graduation from a high school accredited by the Arkansas or other state's
department of education.
(B)
Successful completion of the General Development Test.
(ii) Applicants may be required to obtain an
Arkansas certificate at the discretion of the Commission.
(iii) Documentary evidence shall consist of a
copy of official transcripts, diplomas, or G.E.D. test report forms. In unusual
circumstances the Commission may be requested to accept other documentation,
and in such cases the decision of the Commission shall be final. Home schooling
diplomas will not be accepted unless approved by the Commission.
(iv) A transcript from an accredited higher
education institution that documents a minimum of twelve (12) hours of
completed course work with at least a "C" average will substitute for a high
school diploma or GED.
(g) Be examined by a licensed physician and
meet the physical requirements.
(i) A law
enforcement officer must be physically sound and free of any defect which might
adversely affect the performance of duty. The officer's personal safety and the
safety and lives of others will be endangered if these important physical
qualifications are not met.
(ii)
Requirements:
(A) Medical examination
administered by a licensed physician.
(B) A medical history statement, Form F-2a or
an equivalent Form will be supplied to the examining physician upon request.
The medical history should include information on past diseases, injuries and
operations.
(C)
VISION
- Applicant must be free of any visual defect which in the opinion of
the examining physician would adversely affect the performance of duty.
(1) There should be no apparent eye
deviation.
(D)
HEARING - Applicant must be free of any hearing defect which in
the opinion of the examining physician would adversely affect the performance
of duty.
(E) For all law
enforcement officers employed under the Act, retention on a permanent basis by
the employing agency will depend on the satisfactory results of the physical
examination.
(F) The physician's
report after examination must conclude and clearly state that, in his opinion,
the applicant has the ability to physically perform the duties of a law
enforcement officer in the State of Arkansas.
(h) Be interviewed personally prior to
employment by the department head or his representative, or representatives to
determine such things as the applicant's motivation, appearance, demeanor,
attitude and ability to communicate. Commission Form F-11, Qualifications
Appraisal Guide, or other appropriate form may be used to record the interview.
(i) An applicant will be personally
interviewed by the department head or his representative prior to
employment.
(i) Be
examined by an individual licensed to practice psychiatry or psychology and
qualified to perform such evaluations in the State of Arkansas, who after
examination finds the officer to be competent and recommends the agency hire
the individual.
(i) All applicants will be
examined to determine emotional stability.
(ii) No person will be eligible for
certification if they have any condition listed in the Diagnostic and
Statistical Manual, 5th edition (DSM-5) of the American Psychiatric Association
which would limit the police officer's ability to cope with the stress of
modern day police work such as:
(A) Any
organic mental disorder or organic brain syndrome that currently results in
impairment in memory, cognitive functions, judgment and personality.
(B) Any substance use, whether legal or
illegal, which impairs social or occupational functioning due to an inability
to control use or stop taking the substance and the development of serious
withdrawal symptoms after cessation or reduction in substance use. Previous
substance use should be in remission for three (3) years.
(C) Any psychotic reaction showing
disturbance in content of thought involving delusions, fragmented thoughts,
distortions of reality, breakdown of ego defenses or hallucinations. Any
previous psychotic episodes should be in remission for three (3) years and be
currently evaluated as showing no residual symptoms.
(D) Any neurotic disorder such as excessive
anxiety, panic, or convulsions which would indicate that irrational behavior
would occur under stress.
(E) Any
impulse control problem, particularly with anger, having resulted in
husband/wife or child abuse or revealed in explosive outbreaks.
(F) Any environmental stresses such as
divorce, loss of job, business difficulty, or death in family can result in
maladaptive reactions resulting in either impairment in social or occupational
functioning that are in excess of a normal and expected reaction.
(G) Any personality disorder showing a
pervasive and unwarranted suspicion and mistrust of people, hypersensitivity,
emotional coldness and aloofness resulting in an ability to make and maintain
relationships. Any history of continuous and chronic antisocial
behavior.
(H) Behavior disorders as
evidenced by:
(1) Frequent encounters with law
enforcement agencies or antisocial attitudes or behavior which, while not a
cause for rejection under this rule are tangible evidence of an impaired
characterlogical capacity to adapt to the demands of law enforcement
service.
(2) Behavior disorders
where it is evident by history and objective examination that the degree of
immaturity, instability, personality inadequacy and dependency will seriously
interfere with the performance of law enforcement duties as demonstrated by
repeated inability to maintain reasonable adjustment in school, with employers
and fellow workers, and other social groups.
(iii) Procedures:
(A) An actual interview and psychometric
evaluation will be utilized.
(1) The employing
agency will determine the examiner to be utilized.
(2) Applicants will complete any preliminary
history forms required by the examiner. The applicant will provide the examiner
with a release of information to the potential employing authority.
(3) The results of the first examination will
be binding. When ' the original examiner determines that additional tests are
needed, the additional tests or interviews will be considered a part of the
original examination. If extenuating circumstances exist that create a doubt as
to the validity of the results of the first examination, the employing agency
may petition the Commission for the approval of a second examination to be
administered by a different examiner.
(4) The psychometric evaluation shall include
such standardized tests as the Minnesota Multiphasic Personality Inventory, or
others that may be necessary such as Bender Gestalt and Rorschach or the
equivalent of each test as are appropriate and are validated by proper
authority to evaluate personality traits and other mental health
characteristics. These tests will be interpreted by licensed qualified
individuals to ensure results.
(5)
During the diagnostic interview, the examiner will evaluate each individual
sufficiently for any evidence of disorganized or unclear thinking, of unusual
thought control; of undue suspiciousness or of apathy or "strangeness" and any
discovered evidence will be noted. Any unusual emotional expression such as
depression, expansiveness, withdrawal or marked anxiety, which is out of
keeping with the content of the interview will be noted and carefully
evaluated.
(iv) The results of the evaluation will be
recorded. A report of the evaluation will be forwarded to the employing agency.
The report will be signed by a licensed psychologist or psychiatrist
designating the applicant as RECOMMENDED or NOT RECOMMENDED. The results of
tests or interviews administered by licensed psychological examiners must be
reviewed and countersigned by either a licensed Psychologist or Psychiatrist.
The Form F-2b or equivalent should be used.
(j) Possess a valid driver's
license.
(k) Successfully complete
a CLEST firearms qualification and review departmental policies, specifically
policies covering the use of force, criminal law, and emergency vehicle
operations. (No officer may carry a firearm in the course of employment or in
the performance of official duties until this requirement is met and reported,
in a manner adopted by the Commission, to the Office of Law Enforcement
Standards.
(l) For continued
employment, must successfully complete a minimum of twenty four (24) hour of
CLEST certified training annually (to include firearms qualification and racial
profiling.)
(m) Be free of a
misdemeanor domestic violence conviction, in accordance with 18 use section
922,
(4) It is emphasized
that these are minimum standards for employment or appointment. Higher
standards are recommended whenever the availability of qualified applicants
meets the demand. Copies of documents and/or records required by Rule 1002
shall be maintained and/or retained by the employing agency and shall be made
available for examination at any reasonable time by representatives of the
Commission.
(5) The minimum
standards for employment or appointment must be complied with as contained
herein before employment. The decision to employ an applicant should depend
upon the results and recommendations received by the investigators and
examiners, except, for items (3)(g) and (3)(i). In accordance with the
Americans with Disabilities Act, a determination to hire or not hire
individuals should be made prior to the examinations required by (3)(g) and
(3)(i). An offer of employment, if any, is to then be made contingent upon the
successful completion of (3)(g) and (3)(i).
(6) Law enforcement officers who have
complied with the minimum standards for employment or appointment who separate
from their employment and are reemployed by a law enforcement agency within six
(6) months following their separation date, may transfer the required
documentation evidencing compliance with the standards to the files of the new
agency. The only pre-employment requirement that the new employer will be
required to complete is a new background investigation and oral interview. The
employing agency may require the officer to meet any or all pre-employment
requirements, again, if they so desire.
(7) Any individual who fails the required
training course, as set out herein, or is expelled from the required training
course, will not be eligible to serve as a law enforcement officer for
twenty-four (24) months following the date of failure or expulsion from the
training course.
(8) Any individual
who fails to meet the physical or mental minimum standards of this Rule shall
be individually reviewed to determine if said person can perform the essential
functions of the duties of a law enforcement officer, with or without
reasonable accommodations. The employing or appointing agency shall first
determine if the individual can perform the essential functions of the duties
of a law enforcement officer. If the agency believes that individual can
perform the essential functions of the duties of a law enforcement officer,
with or without reasonable accommodations, the employing or appointing agency
shall request the Commission to determine if said person can perform the
essential functions of the duties of a law enforcement officer. If the
Commission determines, by a majority vote, that the individual can perform the
essential functions of a law enforcement officer, with or without reasonable
accommodations, and the employing or appointing agency and/or the individual
agrees to the reasonable accommodations, then the Commission shall waive the
minimum standard in question.
(9) A
law enforcement officer shall not have more than one CLEST law enforcement
classification within a law enforcement agency.
1003.
PROBATIONARY PERIOD
(1) Every officer employed or appointed below
the level of department head shall satisfactorily complete a probationary
period of not less than twelve (12) months with the employing
department.
(2) A department head
is not required to serve a probationary period.
(3) Every officer who is promoted or
appointed as an assistant Department head, middle management or supervisory
position shall satisfactorily complete a probationary period of not less than
six (6) months.
(4) No
certification, with the exception of Radar Operator, shall be issued to any law
enforcement officer until such time as the appropriate probationary period, if
any, has been completed.
1004.
COLLEGE EDUCATION CREDIT
(1) Credit for college education will not be
accepted in lieu of the Basic Police Training Course described in Rule
1005(1).
(2) College credits may be
combined with experience and training in determining eligibility for law
enforcement officer certification as prescribed by CLEST Rules.
(a) College credits used for certification
must have been earned at a college or university approved as a degree granting
institution. The Commission shall only recognize those credit hours awarded
from a community college, college or university, where the curriculum is
approved as such by the Department of Education of the state in which the
community college, college or university is located or the recognized national
or regional accrediting body.
(b)
College credits shall be applicable in determining eligibility for General,
Intermediate, Advanced, and Senior certificates
(3) Individuals claiming college credits
toward certificates shall furnish to the Commission copies of transcripts or
other verifying documents. College credits will be recognized by the Commission
only upon receipt of an official transcript bearing a certifying signature with
the official college seal superimposed or a notarized copy of an
original.
1005.
MINIMUM STANDARDS FOR TRAINING (FULL-TIME OFFICERS)
(1) Basic Police Training Course
(a) Each Full-time Law Enforcement Officer,
must satisfactorily complete the Basic Police Training Course, within the time
period established in Rule 1002.
(b) Any Full-time Law Enforcement Officer who
has previously met the minimum training requirements, and has been separated
from law enforcement for more than seven (7) years, but less than ten (10)
years may, at the request of a sponsoring agency, prior to employment by the
sponsoring agency, be allowed to take a comprehensive written examination
prepared, administered, scheduled and graded by the Division. If the law
enforcement applicant successfully passes the comprehensive written exam, he or
she may forego attending the full Basic Police Training Course provided he or
she attends the Refresher Course currently offered, as well as meets the other
selection requirements, prior to being eligible for certification.
(i) The examination will be administered at a
time and date scheduled by the
Division and will consist of questions taken from the current
edition of Arkansas Criminal and Traffic Law Manual, published
by Lexis Nexis, and CLEST Rules, published by CLEST.
(ii) Law enforcement applicants
who desire to take the comprehensive written exam must have completed a state
or federal law enforcement academy consisting of at least the current number of
required hours to complete the ALETA basic training, subject to Rule
1008.
(iii) An applicant who fails
to pass the two-hundred and fifty (250) question examination with a minimum
score of 70% after two attempts is required to complete the basic training
course in order to be eligible for certification.
(iv) Anyone who has been separated from law
enforcement for over ten (10) years is required to attend a new Basic Law
Enforcement Course without exception.
(c) Part-time Law Enforcement Officers,
Specialized, and Auxiliary Law Enforcement Officers will be required to
satisfactorily complete not less than 110 hours of Commission approved Law
Enforcement Training including Firearms Qualification Course equivalent to the
Firearms Qualification requirements for a full time Enforcement Officer.
Separation from law enforcement for three (3) years will result in the
Auxiliary, Specialized and the Part-time Law Enforcement Officer being required
to attend a new 110 hour training course.
(d) Any Full-time Law Enforcement' Officer
who fails to satisfactorily complete the Basic Police Training Course within
the time period allowed by Rule 1002, or who once enrolled in the Course, fails
the course or is expelled from the course, will not be eligible for training
nor certification for twenty-four (24) months following the date of failure or
expulsion from the training course or the date of expiration of the
probationary period. In the event a law enforcement officer fails the course or
is expelled from the course, said officer shall not be eligible to serve, be
employed, or otherwise function as a law enforcement officer in this State from
that date until the expiration of twenty-four months following the date of
failure or expulsion from the training course. If an officer properly appeals
his failure or expulsion, said officer may retain his eligibility to serve as a
law enforcement officer until such time as the Commission has ruled upon said
appeal or expiration of the time period allowed by Rule 1002(1), whichever
occurs first.
(e) If an officer
fails to satisfactorily complete the required training in a total of nine (9)
months from the original date of employment or appointment, plus any extension
granted by the Commission, he shall not be eligible to be retained as a law
enforcement officer in this State. Reappointment or reemployment as a law
enforcement officer will be considered only after the person has been separated
from law enforcement for at least twenty-four (24) months. Upon reappointment
or reemployment, an officer would be eligible to begin a new probationary
period. Should the officer fail to meet the minimum training requirement for a
second time, he or she will not be eligible for certification as a Full-time,
Part-time, Auxiliary or in any other law enforcement officer
position.
(f) The minimum amount of
training for which certification will be granted in the Basic Police Training
Course shall be 520 hours.
(g)
Requirements:
(i) Successful completion of a
minimum of 520 hours of instruction at a certified training school.
(ii) The Commission will not accept
satisfactory completion of the Basic Police Training Course unless the trainee
has attained at least 70% in each academic block of instruction and attains a
passing score of 80% on the Commission approved firearms course.
(iii) A minimum academic score of 70% on each
examination administered in the course will be required for successful
completion of the training program.
(iv) To be eligible for retention on a
permanent basis an officer must satisfactorily complete a Basic Police Training
Course or its equivalent within nine (9) months or with an approved extension,
a total of twelve (12) months from the date of employment. Any requests for a
three (3) month extension not received by the Commission prior to completion of
the nine (9) month period will not be considered. (For exception, see Rule
1008(4)).
(2) Law Enforcement Refresher Course
(a) The Refresher Course will be required for
all Full-time Law Enforcement Officers who are new employees and completed
their training in another state, federal agency, or military police.
(b) The refresher course will be required for
all Full-time law enforcement officers who have been separated from law
enforcement for a period of three (3) to seven (7) years.
(c) An Auxiliary, Part-time, or Specialized
Police Officer who was previously a Fulltime Law Enforcement Officer may return
to Full-time status if he meets the yearly training requirements each year he
is an Auxiliary, Part-time, or Specialized Police Officer. If such officer
fails to meet the yearly training requirements, he is subject to the
requirements of either 1(b) or (2)(b), whichever is applicable, of this Rule if
he wants to return to Full-time status.
(d) Any Full-time Officer not required to
attend the Refresher Course may voluntarily apply, and if accepted, receive the
training.
(e) Requirements:
(i) The Law Enforcement Officer Refresher
Course shall primarily consist of the current course for part-time and
auxiliary law enforcement officers.
(ii) Any person attending the Law Enforcement
Officer Refresher Course to supplement previous training and fails to
satisfactorily complete the training will be required to attend a Basic Police
Training Course at a Commission approved training facility.
(iii) The Commission may approve changes in
this course when it is determined that such change is compatible with the needs
of law enforcement officers and agencies.
1006.
EXTENSION OF TIME
LIMIT FOR COURSE COMPLETION
The Commission may grant an extension of time limit for
completion of any course required by CLEST Rules upon presentation of evidence
by a department that an officer was unable to complete the required course
within the time limit prescribed due to illness, injury, military service, or
special duty assignment required and made in the public interest of the
concerned jurisdiction.
1007.
PERSONNEL ACTION REPORTS
(1) All law enforcement agencies shall
furnish to the Division completed initial Employment information, in a manner
adopted by the Division, within ten (10) days after employment or
appointment.
(2) When an officer is
promoted or demoted, it shall be reported to the Division in a manner adopted
by the Division, within ten (10) days of the action.
(3) When an officer retires, resigns, is
discharged, separates from, or otherwise terminates employment from a position
for any reason or changes name, the department shall report the change to the
Division, in a manner adopted by the Division, within ten (10) days.
(4) When an officer changes his or her
employment, the change shall be reported to the Division in a manner adopted by
the Division.
(5) Within ten (10)
days following an employment change from one classification to another, the
information shall be reported to the Division in a manner adopted by the
Division.
1008.
RECIPROCITY
(1) The Commission may
waive the completion of any course required by CLEST Rule upon presentation of
documentary evidence by a department that an officer has satisfactorily
completed equivalent training.
(2)
Training received in a state with laws governing or regulating law enforcement
training must, if subject to such review, have been approved or certified in
the state in which the training was received.
(3) The Commission may elect to prescribe as
a condition of certification the satisfactory completion of the Law Enforcement
Officer Refresher Course or other supplementary or remedial training necessary
to equate previous training with current standards.
(4) The Division is authorized to accept
training from states, federal agencies, or military police which by law
regulate and supervise the quality of law enforcement training and which
require a minimum number of hours of classroom training in the Basic or Recruit
Course equivalent to standards established by the Commission.
(5) For certification purposes, those
Full-time Law Enforcement Officers who have not met the minimum classroom hours
of training, but have accumulated at least 50% of the required hours may, at
the discretion of the Commission, receive ten (10) classroom hours of credit
for each year of Full-time law enforcement experience.
Those who qualify for this equivalent training waiver will be
required to satisfactorily complete the Law Enforcement Refresher
Course.
Should the officer fail to satisfactorily complete the Refresher
Course, he or she will be required to attend the Basic Police Training Course
at a Commission approved training facility.
(6) Individuals who meet all requirements of
certification, and who receive a waiver under this Rule, shall be entitled to
certification after the completion of the appropriate probationary
period.
(7) Veteran's to Law
Enforcement Program
(a) The Commission on Law
Enforcement Standards and Training (CLEST) administers the program "Veterans to
Law Enforcement," which allows qualified military veterans interested in
pursuing a career in law enforcement, to attend the police academy.
(b) To be eligible to apply for the program,
applicants must meet the following requirements:
(i) Shall have served at least six (6) months
active duty in the armed services within ten (10) years prior to
application.
(ii) Meet minimum
standards as required of an Arkansas law enforcement officer as specified in
CLEST Rule 1002.
(iii) Pay the
non-refundable cost of the training prior to attending the basic training
course.
(iv) The Director of the
Division will be the final approving authority for an applicant's acceptance
into the program.
(c)
Veterans in the Veterans to Law Enforcement program that fail any portion of
the basic police training course are ineligible to attend another course for a
24 month period as specified in CLEST Rule 1005 and are no longer eligible to
apply for the Veterans to Law Enforcement program.
(d) Veterans in the Veterans to law
Enforcement program that successfully complete the basic police training course
must begin employment with a law enforcement agency as a full-time or part-time
officer within three (3) years of the date of the completion of the basic
training course for the training to remain valid.
1009.
REQUIREMENTS TO OBTAIN
LAW ENFORCEMENT CERTIFICATION
(1)
General Provisions
(a) To be eligible for the
award of a certificate, each applicant must be a law enforcement officer
appointed by a law enforcement agency located within the State of
Arkansas.
(b) Each applicant shall
meet the Commission's prescribed minimum standards for employment established
pursuant to Rule 1002 except those Full-time law enforcement officers who were
employed before January 1, 1978. Those persons are "grandfathered" and exempt
from meeting any selection or training requirements, provided they have been
continually employed by the same agency since December 31, 1977.
(c) Each applicant should attest that he
subscribes to the Law Enforcement Code of Ethics.
(d) All applications for an award of the
Basic, General, Intermediate, Advanced or Senior Certificates shall be
completed in a manner adopted by the Division.
(e) In addition to the requirements set forth
above for the award of a General, Intermediate, Advanced or Senior Certificate,
each applicant shall have completed the designated education and training
combined with the prescribed law enforcement experience.
(f) Education and training must be supported
by copies of transcripts, certificates, diplomas, or other verifying documents
attached to the application. Each training document must verify the number of
classroom hours claimed.
(2) Education Points
(a) Each semester credit hour granted by a
college or university, approved in accordance with Rule 1004, operating on a
semester schedule, shall equal one education point.
(b) Each quarter credit hour granted by a
college or university, approved in accordance with Rule 1004, operating on a
quarter schedules, shall equal .75 education points.
(3) Training Points
(a) Twenty (20) classroom hours of police
training approved by the Division equals one training point.
(b) Basic, Refresher, Supervisory, Middle
Management, Executive, or Specialized courses certified, sponsored, or
presented by the Division will be acceptable for training credit.
(c) The Division may approve departmental or
other in-service training which is recorded and documented in the personnel
files of the trainee's department. These records must confirm successful
completion and must include the date completed, course or subject title,
sponsoring agency, classroom training hours and/or college credit
hours.
(d) Training completed in
other states, federal agencies, military police training, or other specialized
training, if properly documented and approved by the Division as being required
and/or use fill to the department, may be allowed.
(e) Certified Instructors may claim course
completion credit for the first time the law enforcement class is
instructed.
(f) College credits
earned in law enforcement related subjects may be counted for either training
points or education points, whichever is to the advantage of the
applicant.
(4) Law
Enforcement Experience
(a) Experience acquired
as a sworn law enforcement officer employed full-time and having statutory
authority to enforce state or federal criminal, traffic, or highway laws may be
approved. Experience acquired with a police agency whose standards are lower
than minimum standards established by the Commission will be
rejected.
(b) Law Enforcement
experience claimed is subject to staff evaluation and final approval of the
Division.
(5)
Eligibility Questions
(a) Any person approved
for certification will be required to meet the minimum standards for employment
or appointment as defined in Rule 1002 and the training requirements
established or approved by the Commission.
(6) The Basic Certificate
(a) In addition to the requirements set forth
in this Rule, the following are required for the award of a Basic Certificate:
(i) Shall have completed a probationary
period of not less than twelve (12) months with his present
department.
(ii) Shall have
successfully completed the required Basic Police Training Course or the
equivalent as determined by the Division.
(7) The General Certificate
(a) In addition to the requirements set forth
in this Rule, the following are required for the award of a General
Certificate:
(i) Shall possess the Basic
Certificate.
(ii) Shall have
satisfactorily completed the Basic Police Training Course approved by the
Commission and have acquired the following combinations of education and
training points combined with the prescribed years of law enforcement
experience.
GENERAL
Education
Points and/or
Training Points
|
25
|
33
|
40
|
48
|
AND
|
&
|
&
|
&
|
&
|
Years of Experience
|
5
|
4
|
3
|
2
|
(8) The Intermediate Certificate
(a) In addition to the requirements set forth
in this Rule, the following are required for the award of an Intermediate
Certificate:
(i) Shall possess or be eligible
to possess a General Certificate.
(ii) Shall have satisfactorily completed six
(6) semester hours of college English or its equivalent from a college or
university, approved in accordance with CLEST Rules, with at least a 2.0 grade
average on a 4.0 point scale.
(iii)
Equivalency will be determined in writing from the English Department Head of
the college or university granting credit for the course
(iv) Shall have acquired the following
combinations of education and training points combined with the prescribed
years of law enforcement experience:
Education Points And/or Training Points
|
40
|
55
|
70
|
85
|
Associate Degree
|
AND
|
&
|
&
|
&
|
&
|
&
|
Years of Experience
|
8
|
7
|
6
|
5
|
4
|
(9) The Advanced Certificate
(a) In addition to the requirements set forth
in this Rule, the following are required for the award of an Advanced
Certificate:
(i) Shall possess or be eligible
to possess the Intermediate Certificate.
(ii) Shall have acquired the following
combinations of education and training points combined with the prescribed
years of law enforcement experience and have attained the college level
indicated with an overall grade average of at least 2.0:
Semester Hours
|
6
|
15
|
30
|
45
|
Associate Degree
|
Bachelor's Degree
|
Training Hours
|
620
|
560
|
500
|
440
|
410
|
410
|
Years of Experience
|
16
|
14
|
12
|
10
|
8
|
6
|
(10) The Senior Certificate
(a) In addition to the requirements set forth
in this Rule, the following are required for the award of a Senior Certificate:
(i) Shall possess or be eligible to possess
the Advanced Certificate.
(ii)
Shall have acquired the following combinations of education and training points
combined with the prescribed years of law enforcement experience and have
attained the college level indicated with an overall grade average of at least
2.0:
Semester Hours
|
30
|
45
|
Associate Degree
|
Bachelor's Degree
|
Master's Degree
|
Training Hours
|
920
|
800
|
680
|
560
|
440
|
Years of Experience
|
18
|
15
|
12
|
9
|
6
|
(11) General Information
(a) An auxiliary law enforcement officer who
does not meet the minimum standards for employment or training shall not take
any official action as a law enforcement officer and any action taken shall be
held as invalid.
(b) All persons
who were serving as Auxiliary law enforcement officers prior to March 24, 1983
must be a citizen of the United States, at least 21 years of age and never
entered a plea or found guilty of a felony at any time.
(c) All persons serving as Auxiliary law
enforcement officers prior to the effective date of the Act shall have one (1)
year from that date to complete or have completed the training requirements or
its equivalent as determined by the Commission.
(12) Certificates Remain the Property of the
Commission
(a) Certificates remain the
property of the Commission, and the "Commission shall have the power to recall
or revoke any certificate as provided in the Act and Rule 1034.
(13) Department Head Certificate
(Non-Mandatory)
In accordance with Arkansas Code Annotated § 12-9-104, the
following are selection and training requirements and non-mandatory basic and
advanced levels of certification for Department Heads.
(a) Level One Certificate
In addition to the requirements set forth in this Rule, a
Department Head seeking the award of a Level One Certificate should:
(i) Hold intermediate law enforcement officer
certification or higher.,
(ii)
Complete a minimum of forty (40) hours of police supervision/management
training.
(iii) Possess a minimum
of two (2) years of police supervisory or management experience.
(b) Level Two Certificate
In addition to the requirements set forth in this Rule, a
Department Head seeking the award of a Level Two Certificate should:
(i) Hold advanced law enforcement officer
certification or higher.
(ii)
Successfully complete police supervision and/or management course of
instruction of four (4) week or more duration, such as the FBI Academy or the
School of Police Supervision offered by the Arkansas Criminal Justice Institute
or a comparable course such as those offered by the Southwestern Legal
Foundation, Southern Police Institute, or Northwestern University.
(iii) Possess a minimum of five (5) years'
experience as a department head or staff level command officer.
(c) Senior Certificate
In addition to the requirements set forth in this Rule, a
Department Head seeking the award of a Senior Certificate should:
(i) Hold the senior law enforcement officer
certification.
(ii) Successfully
complete police supervision and/or management course of instruction of four (4)
weeks or more duration, such as the FBI Academy or the School or Police
Supervision offered by the Arkansas Criminal Justice Institute or a comparable
course such as those offered by the Southwestern Legal Foundation, Southern
Police Institute, or Northwestern University.
(iii) Possess a minimum of five (5) years'
experience as a department head,
(14) Procedure
,, Applications for department head certification shall be made
in a manner adopted by the Division.
1010.
CERTIFICATION OF LAW ENFORCEMENT
OFFICERS (ALL OFFICERS)
(1)
Certification Required
No later than ninety (90) days after the completion of the
officer's probationary period, every law enforcement officer must apply to the
Division for the certificate appropriate to the officer's
classification.
(a) If a law
enforcement officer applies for his certificate as required, the law
enforcement officer may continue to serve as a law enforcement officer after
the completion of the officer's probationary period.
(b) If the Division denies a law enforcement
officer's application for a certificate, that officer is no longer eligible to
serve, be employed, or otherwise function as a law enforcement
officer.
(2) Should an
officer become ineligible for employment or training as a direct result of the
employing agency's failure to take an action required by the Commission, the
agency may within ten business (10) days after notification that certification
has expired, request an audience before the Commission to ask for an extension
of time, which is permitted as stated herein. During the extension period, the
officer will be scheduled for the required training course.
(3) The certification of any law enforcement
officer shall expire if the officer does not serve as a law enforcement officer
for three (3) consecutive years.
(4) Requirements for the Basic, General,
Intermediate, Advanced, and Senior certificates are prescribed in Rule
1009.
(5) Requirements for the
Part-time Law Enforcement Officer, Specialized Police Personnel and Auxiliary
Law Enforcement Officer certificates are prescribed in Rules 1009, 1011, and
1012.
1011.
CERTIFICATION OF AUXILIARY LAW ENFORCEMENT OFFICERS
(1) Act 757 of 1983, as amended, established
statutory guidelines for the appointment, authority and supervisory control of
Auxiliary Law Enforcement Officers.
(2) Any person appointed after March 24,
1983, will be required to meet the minimum standards for employment or
appointment as outlined in Rule 1002.
(3) It shall be the responsibility of the
appointing law enforcement agency to provide or have provided not less than 110
hours of Commission approved law enforcement training which shall include a
Firearms Qualification Course equivalent to the Firearms Qualification
requirements for a Full-time Law Enforcement Officer.
(4) Every Auxiliary law enforcement officer
shall satisfactorily complete a probationary period of not less than twelve
(12) months.
(5) Auxiliary officers
who have been separated from law enforcement for a period of three (3) years
must satisfactorily complete the approved Training Course of not less than 110
hours before becoming eligible for re-certification.
1012.
PART-TIME LAW ENFORCEMENT
OFFICERS
(1) Part-time Officer is any
officer who is:
(a) Employed by a law
enforcement agency;
(b) Authorized
by law to enforce the criminal, traffic, or highway laws of this
State;
(c) Authorized salary or
wages by the law enforcement agency;
(d) Authorized to work twenty-four (24) hours
per week or less.
(2)
Selection and Training
A Part-time Officer is required to satisfactorily complete the
minimum standards for employment or appointment as authorized in Rule 1002 and
have satisfactorily completed not less than 110 hours of Commission approved
training which will include a firearms qualification equivalent to Firearms
Qualification Course for Fulltime law enforcement officers.
(3) Certification of Part-time Law
Enforcement Officers:
A Part-time Officer who has met the minimum standards for
employment or appointment, completed the minimum training requirement and
completed a twelve (12) month probation period with their present department
may be eligible for certification by applying to the Division.
(4) Any Part-time Law Enforcement
Officer who fails to satisfactorily complete not less than 110 hours of
Commission approved law enforcement training within the time period allowed by
Rule 1002 will not be eligible for training nor certification for twenty-four
(24) months following the date of expiration of the probationary period.
1013
CERTIFICATION
OF SPECIALIZED POLICE PERSONNEL
(1)
Specialized Police Personnel are identified in the Act, as modified.
(2) Specialized officers' duties are limited
or restricted to the facility or area in which ' they work, and may include the
enforcement of agency rules and regulations for which the penalty could be a
fine or imprisonment.
(3) The
Division shall approve all training courses and certification provided for
Specialized Police Personnel.
(4)
Certificates may be issued to all specialized Police Personnel who have:
(a) Met the minimum employment or appointment
requirements outlined in Rule 1002;
(b) Satisfactorily completed the minimum
standards for training as approved by the Division; and
(c) Completed a twelve (12) month
probationary period as outlined in Rule 1003.
(5) Specialized Police persons who have
previously met the training requirements but have been separated from law
enforcement for a period of three (3) years, will be required to meet the
minimum training requirements again.
(6) Any Specialized Police personal who fails
to satisfactorily complete the appropriate approved law enforcement training
within the time period allowed by Rule 1002(1), will not be eligible for
training nor certification for twenty-four (24) months following the date of
expiration of the probationary period.
(7) Specialized Police personnel may assist
local law enforcement during emergency situations but shall not enforce the
traffic laws of the State of Arkansas.
(8) Requirements
(a) Any officer in this category must meet
all minimum standards for employment or appointment as outlined in Rule
1002.
(b) Shall complete a twelve
(12) month probationary period with the employing department.
(c) Must satisfactorily complete or have
completed a Division approved Basic Police Training Course equivalent to the
course required for Auxiliary and Part-time Officers.
(d) The employing agency may require
additional specialized training for job assignments such as: Jailers, Parole,
Probation, etc.
(9)
Certification
After completing all requirements a Commission certificate shall
be issued upon application by the agency.
1014.
CERTIFICATION OF FIELD TRAINING
& SPECIALIZED FIELD TRAINING OFFICERS
(1) The Division shall certify law
enforcement officers deemed qualified to be Field Training Officers for the
purpose of training recruits.
(2)
Field Training Officers will be certified on the basis of minimum
qualifications in the area of education, training, experience, and the ability
to express knowledge and experiences to the recruit. It shall be the
responsibility of the department head to see that the Field Training Officers
are supervised on a regular basis to insure a quality training experience is
maintained
(3) Field Training
Officer certification may be revoked whenever a field training officer is
deemed by the department head or by the Division as unqualified to continue
training. Such review may be initiated by the Division in the absence of
external requests or complaints.
(4) The Division shall certify law
enforcement officers deemed qualified to be Specialized Field Training Officers
for the purpose of training recruits.
(5) Specialized Field Training Officer
certification may be revoked whenever the officer is deemed by the department
head or by the Division as unqualified to continue training. Such review may be
initiated by the Division in the absence of external requests or
complaints.
(6) The actual
evaluation and selection of the Field Training Officers will remain the
responsibility of the department head. The department head is ultimately
responsible for the quality of the instruction and training provided.
(7) Requirements for Field Training Officers
(a) Law Enforcement Experience
A minimum of three years of full time experience in law
enforcement is required.
(b) Education
Possession of not less than the General Certificate.
(c) Training
New applicants for Field Training Officer certification will have
completed a minimum of 32 hours of Division approved classroom instruction
including, but not limited to, the following topics:
(i) Communications
(ii) Techniques of Instruction
(iii) Evaluation of Training
(iv) Trainee Motivation and
Counseling
(d)
Validation of Certificate
(i) The Field
Training Officer's Certificate shall remain valid from the date of issue,
unless recalled by the department head and returned to the Division.
(ii) A Field Training Officer Certificate
will be transferable should the officer change agencies.
(iii) The Field Training Officer Certificate
will expire if the officer is separated from law enforcement for more than
three (3) years.
(8) Requirements for Specialized Field
Training Officers
(a) Law Enforcement
Experience -
A minimum of three years of experience in specialized law
enforcement is required.
(b) Education
Possession of not less than the Specialized Certificate.
(c) Training
New applicants for Specialized Field Training Officer
certification will have completed a minimum of 32 hours of Division-approved
classroom instruction including, but not limited to, the following
topics:
(i) Communications
(ii) Techniques of Instruction
(iii) Evaluation of Training
(iv) Trainee Motivation and
Counseling
(d)
Validation of Certificate
(i) The Specialized
Field Training Officer's Certificate shall remain valid from the date of issue,
unless recalled by the department head and returned to the
Commission.
(ii) The Specialized
Field Training Officer Certificate will expire if the officer is separated from
specialized law enforcement for more than three (3) years.
1015.
POLICE
TRAFFIC RADAR OPERATORS AND INSTRUCTORS
(1) Act 672 of 1983 as modified established a
minimum training and certification standards for Police Traffic Radar/Lidar
Operators and Instructors.
(2)
Instructor: Any Full-time certified law enforcement officer or any person
employed by a law enforcement agency or Commission approved training facility
that has satisfactorily completed a Police Traffic Radar/Lidar Course and the
Instructor Development Course is eligible for certification as a Police Traffic
Radar/Lidar Instructor.
(3)
Officers applying to be operators and instructors shall successfully complete
an Arkansas Commission approved Radar/Lidar Training Course and, before
operating a radar/lidar device, obtain a radar/lidar operator certificate from
the Division evidencing certification to operate a radar/lidar
device.
(4) An officer who does not
meet the standards and qualifications shall not take any official action as a
Police Traffic Radar/Lidar Operator or instructor and any action taken shall be
held as invalid.
(5) All
certificates remain the property of the Commission and the Division shall have
the power to recall or revoke any certificate issued. Any recall or revocation
action will comply with the State Administrative Procedures Act.
(6) Requirements
(a) An officer must have completed the
Division approved training for their appropriate level of certification before
being eligible for certification as Police Traffic Radar/Lidar Operator.
("Grandfathered" officers are exempt from this requirement.)
(b) The Division shall establish the minimum
curriculum requirements for the Police Traffic Radar/Lidar Operator
Course.
(c) The Division shall
issue a certificate evidencing satisfactory completion of the requirements when
evidence is submitted by the law enforcement department head, that the police
traffic radar/lidar operator or instructor has met the training
requirements.
(d) Police Traffic
Radar/Lidar Operators shall obtain a certificate issued by the Division before
taking any law enforcement action as a police traffic radar/lidar
operator.
(e) All certificates
remain the property of the Commission and the Division shall have the power to
revoke any certificate.
1016.
CERTIFICATION OF
INSTRUCTORS
(1) The Division shall
certify instructors deemed qualified to teach in one or more of the prescribed
training courses.
(2) Certification
(a) Instructors will be certified on a basis
of minimum qualifications in the areas of education, training and experience.
It shall be the responsibility of the school director/coordinators to see that
instructors are assigned only topics which they are qualified to teach and are
supervised on a regular basis to ensure that instructional excellence is
maintained.
(b) The actual
evaluation and selection of instructors is the responsibility of the School
Director/coordinator and the school director/coordinator is responsible for the
quality of the instruction provided.
(3) Firearms Instructor Certification
Firearms Instructor Certificates will be issued only to those
persons who have satisfactorily completed a Division approved Instructor
Development Course, a Division approved Firearms Instructor Course, and
demonstrated instructional and range proficiency. Instructor Development shall
be a prerequisite to take the Division approved Firearms Instructor
Course.
(4) Revocation of
Instructor Certificate
Instructor certification may be revoked whenever an instructor is
deemed by the Commission to be unqualified to continue teaching.
(5) Types of Certification
For purposes of certification of instructors, all approved law
enforcement training will be designated as follows:
(a) Professional
(i) Professional subjects will be those
subjects which are clearly law enforcement in nature.
(ii) Requirements
(A) Law Enforcement Experience
(1) A minimum of three years of law
enforcement experience is required for personnel instructing law enforcement
subjects.
(2) The Division may
grant an individual with specialized skills or knowledge the authority to teach
professional courses when the individual lacks law enforcement experience and
the Division believes the best interests of law enforcement will be
served.
(B) Training
(1) New applicants for instructor
certification must have completed an Instructor Development Training Course
consisting of a minimum of 32 hours of Division approved classroom instruction
or the equivalent including, but not limited to, the following topics:
Communications
Psychology of Learning
Techniques of Instruction
Use of Instructional Aids
Preparing and Using Lesson Plans
Evaluation of Training
Preparing and Administering Tests
Teaching Resources
Planning for Instruction and Learning
Trainee Motivation and Counseling
Practical Exercises in the Application of Instructional
Principles Presented in the Course
(2) An Instructor's Certificate may be issued
without completion of the required Instructor Development Course if an
individual has documented expertise in the area of instruction. Documented
expertise may include the completion of specialized and advanced education or
training, acceptance as expert by court, association or society or other
recognizing body, and/or experience in the subject area. The Division retains
the right to accept or reject submitted documentation as evidence of expertise.
Any certificate issued shall only entitle the individual to teach the
subject(s) specified in Division approved courses.
(b) Firearms
Firearms training is a professional subject, therefore, a Firearm
Instructor Certificate will be issued only to those officers who have
successfully met the requirements outlined in this Rule and have successfully
completed a Firearms Instructor Course approved by the Division.
(c) General
(i) General subjects will be those subjects
which are clearly NOT law enforcement in nature, i.e., Criminal Law, Human
Relations, Management subjects, etc.
(ii) Requirements
(A) At least three years of experience in the
subject area to be instructed.
(B)
Recommendation of school director.
(C) A Baccalaureate Degree with a major or
concentration of courses in the discipline or an area to be taught or as
required by the Division; or
(D) An
associate degree with course work in the discipline or area to be taught or as
required by the Division and three (3) years' experience in a Criminal Justice
occupation or a related occupation; or
(E) The equivalent of (C) and (D) above as
determined by the Division.
(F)
Usual formalities of certification may be waived by the Division for those
teaching general subjects.
(6) Certification of Instructors
Applications for instructor certification, both professional and
general, will be made in a manner adopted by the Division. Once a person has
been certified as an instructor, he or she need not report to the Division
again except to report changes or request certification to instruct in
additional subject areas.
1017.
CERTIFICATION OF SCHOOLS OR
COURSES
(1) Rules and Requirements
(a) The Division may certify those schools
deemed adequate to effectively teach one or more approved law enforcement or
police science courses.
(b) The
Division may certify those courses deemed adequate to effectively teach one or
more law enforcement or police science subjects.
(c) School or course certification shall be
issued as prescribed by CLEST Rules.
(d) Certification may be revoked by the
Division Director or the Deputy Director of the Division, whenever a school or
course is deemed inadequate. The school or course may be recertified by the
Division when the deficiencies have been corrected.
(e) Certification of schools will generally
be offered on the basis of onsite inspections conducted by the Division staff
members. Such inspections will be conducted according to guidelines established
by the Division and will include, but are not limited to, examination of
instruction, facilities and administration.
(f) Certification of courses will generally
be offered on the basis of information supplied in a manner adopted by the
Division. On-site evaluations may be conducted by Division staff
members.
(2) Procedures
(a) An outline and course description of the
subject material being offered, a schedule of classes, brief background showing
qualifications of instructors, and name of the school director or coordinator
should accompany the request.
(b)
Unless otherwise provided, agencies or schools shall request course approval
from the Division before holding the course. A copy of the course outline,
course descriptions, and applicants for instructor certification, and any other
documents required by the Division shall accompany the request.
(c) Within ten (10) days of completion of the
course, an attendance roster of those attending the classes offered must be
reported to the Division in a manner adopted by the Division. The report shall
show full name, department, CLEST ID, and examination score, if applicable, for
each student completing the course. If the course was a seminar and no
examination was given, indicate satisfactory or unsatisfactory
participation.
(3)
Guidelines - Certified Courses
(a) Law
enforcement agencies or any college, university, or academy may align their
training or education programs with the Rules set by the Commission on Law
Enforcement Standards and Training and apply for course
certification.
(b) SUMMARY OF
STEPS:
(i) Select a school director or
coordinator and facilities.
(ii)
Select instructors
(iii) Apply to
the Division for course approval
(iv) Forward class attendance roster to the
Division within ten (10) days of completion of the course.
(c) Course approval will be announced in a
manner adopted by the Commission. School directors and coordinators are
encouraged to design and distribute their own certificates.
(d) The school director or coordinator has
the responsibility for administering the course and supervising the preparation
of the curriculum to ensure its compliance with the requirements of the
Commission. He also selects facilities to be used for the course, obtains
instructors and develops rules for governing the operation of the facilities
and conduct of the trainees. The school director or coordinator maintains all
forms required by the Division and forwards them within the stipulated time
period.
(e) Each trainee shall be
required to attend ALL sessions of the course. The school director or
coordinator may authorize absences of no more than 10% of the class hours.
Training credit will be awarded ONLY for actual hours and classes
completed.
1018.
CURRICULUM
(1) The Division shall approve the curriculum
for all law enforcement courses prescribing the subject areas, classes, and
hours of instruction per class.
(2)
The Division may make or approve requested changes of curriculum when such a
change is compatible with the public interest.
1019.
TRAINING RECORDS
Upon receipt by the Division of employment information properly
identifying an individual officer, in a manner adopted by the Commission, the
Division will maintain a file for that officer and record certified training
completed, as well as other personnel information, if properly documented. It
must be emphasized however, that each officer should maintain his own training
and education records, documented by transcripts, certificates, diplomas,
letters, or notices of course completion.
1020.
THE LAW ENFORCEMENT CODE OF
ETHICS
(1) The Law Enforcement Code of
Ethics shall be subscribed to by each certified law enforcement officer.
Violation of any portion of the Code may, upon Commission direction, result in
revocation of law enforcement certification.
(2) THE LAW ENFORCEMENT CODE OF ETHICS
(a) The LAW ENFORCEMENT CODE OF ETHICS should
be administered as an oath to all trainees during the Basic Course.
(b) THE LAW ENFORCEMENT CODE OF ETHICS:
AS A LAW ENFORCEMENT OFFICER my fundamental duty is to serve the
community; to safeguard lives and property; to protect the innocent against
deception, the weak against oppression or intimidation, and the peaceful
against violence or disorder, and to respect the constitutional rights of all
to liberty, equality and justice.
I WILL keep my private life unsullied as an example to all and.
will behave in a manner that does not bring discredit to me or to my agency; I
will maintain courageous calm in the face of danger, scorn or ridicule; develop
self-restraint; and be constantly mindful of the welfare of others. Honest in
thought and deed both in my personal and official life. I will be exemplary in
obeying the law, and the regulations of my department. Whatever I see or hear
of a confidential nature or that is confided to me in my official capacity will
be kept ever secret unless revelation is necessary in the performance of my
duty.
I WILL never act officiously or permit personal feelings,
prejudices, political beliefs, aspirations, animosities or friendships to
influence my decisions. With no compromise for crime and with relentless
prosecution of criminals, I will enforce the law courteously and appropriately
without fear or favor, malice or ill will, never employing unnecessary force or
violence and never accepting gratuities.
I RECOGNIZE the badge of my office as a symbol of public faith,
and I accept it as a public trust to be held so long as I am true to the ethics
of the police service. I will never engage in acts of corruption or bribery,
nor will I condone such acts by other police officers. I will cooperate with
all legally authorized agencies and their representatives in the pursuit of
justice. I know that I alone am responsible for my own standard of professional
performance and will take every reasonable opportunity to enhance and improve
my level of knowledge and competence. I will constantly strive to achieve these
objectives and ideals, dedicating myself before God to my chosen
profession.....law enforcement.
1021.
DIRECTOR
(1) General
(a) The Director shall be a person qualified
for the position, appointed by the Governor pursuant to the provisions of Act
45 of 1981.
(2) Duties
(a) He shall perform his duties under the
direction of the Commission and its committees, and he or his designee shall
serve as Secretary to the Commission and its committees.
(b) He shall be responsible to the Commission
for conducting the Commission's daily activities, its office facilities, and
general administrative tasks.
(3) Authority
(a) He shall have authority over, and
responsibility for all employees of the Commission.
(b) As the authorized representative of the
Commission and subject to its ratification, he is empowered to delegate to the
Deputy Director of Standards his authority to:
(i) Certify training schools administered by
the state, county, and municipalities located within this state.
(ii) Certify training courses within the
state.
(iii) Revoke prior
certification of a course, school or an instructor which fails to meet the
required standards for certification. This action is subject to ratification by
the Commission.
(iv) Certify for
the Commission individual law enforcement officers pursuant to Ark. Code Ann.
12-9-106(c).
1022.
MISCELLANEOUS ACTIVITIES OF THE
COMMISSION
(1) The Commission may make
or encourage studies of any aspect of law enforcement administration, including
the stimulation of research by public and private agencies which shall be
designed to improve law enforcement administration and law
enforcement.
(2) The Commission may
cooperate and consult with counties, municipalities, agencies of this state,
other governmental agencies, and with universities, colleges, community
colleges, vocational technical schools and other institutions concerning the
development of law enforcement training schools and programs or courses of
instruction.
(3) The Commission
may cooperate and consult with official bodies or individuals charged by law
with the responsibility' for law enforcement selection and training standards
in other states.
(4) The Commission
may periodically publish or recommend that other governmental agencies publish
curricula, manuals, lesson plans, brochures, newsletters and other materials to
aid departments in achieving the objectives of the Act.
(5) The Commission may direct, operate or
sponsor training schools and set reasonable rules for them.
1023.
COMMISSION
PUBLICATIONS
The Commission may from time to time publish guidelines,
information bulletins, and specifications establishing and disseminating
procedures and policies dealing with the implementation of the Act and all such
publications shall be considered as comprising Commission rules, if so
designated.
1024.
RIGHT TO AMEND
The Commission reserves the right to amend these rules by
deletion or addition at such times as deemed appropriate, pursuant to the Act,
as amended.
1025.
RETIRED OFFICER'S RIGHT TO CARRY WEAPON
This rule is enacted pursuant to Federal Law to authorize retired
law enforcement officers to carry a firearm nationwide without a permit if they
satisfy the following requirements:
1.
The officer is a retired law enforcement officer as defined by Federal
Law.
2. The officer carries a
photographic identification card from his or her former law enforcement agency
as defined by Federal Law.
3.
During the most recent 12 month period, the officer has met, at his or her own
expense, the state's standard for training and qualification of active law
enforcement officers to carry firearms.
1026.
ARKANSAS STATE STANDARD FOR
FIREARMS TRAINING AND QUALIFICATION
(1)
The Arkansas State standard for qualification for active law enforcement
officers to carry a handgun shall be the CLEST-approved Course of Fire for one
target.
(2) All active' law
enforcement officers shall, annually, successfully complete a CLEST-approved
firearms qualification course for handguns and any type of firearm available to
them in the course of their duties.
(3) For handguns, The CLEST-approved course
of fire requires a passing score of 80% based on 50 rounds.
1027.
CERTIFICATION OF CIVIL
TRAFFIC WARDENS
(1) The Commission
shall certify individuals deemed qualified to be Civil Traffic Wardens for the
purpose of:
(a) Issuing citations for parking
violations occurring within the corporate limits of a municipality of the first
class; and
(b) Preparing traffic
accident reports and, in connection with any such reporting, issue any
necessary traffic citations.
(2) Persons employed as Civil Traffic Wardens
shall not carry firearms or take any other official law enforcement action
except as prescribed by these rules.
(3) No person shall serve as, be employed or
otherwise function as a Civil Traffic Warden unless or until they have met the
following minimum standards as set forth in Rule 1002:
(a) Be a citizen of the United
States.
(b) Be at least 21 years of
age.
(c) Be fingerprinted and a
search initiated of state and national fingerprint files to disclose any
criminal record.
(d) Be free of a
felony record. A felony record shall mean having entered a plea of guilty, been
found guilty, or otherwise having been convicted of an offense, the punishment
for which could have been imprisonment in a federal penitentiary or a state
penitentiary. The fact that an individual has received a pardon, or their
record has been expunged shall not release the individual from having a felony
record for the purposes of this rule.
(e) Be of good character as determined by a
thorough background investigation.
(f) Be a high school graduate or have passed
the General Education Development (GED) Test indicating high school graduation
level. Home school diplomas will not substitute for the above unless approved
by the Commission.
(g) Be examined
by a licensed physician and meet the physical requirements.
(h) Be interviewed personally prior to
employment by the department head or his representative, or representatives to
determine such things as the applicant's motivation, appearance, demeanor,
attitude and ability to communicate.
(i) Be examined by an individual licensed to
practice psychiatry or psychology and qualified to perform such evaluations in
the State of Arkansas, who after examination finds the officer to be competent
and recommends the agency hire the individual.
(j) Possess a valid driver's
license.
(4) Prior to
assuming the duties listed above, individuals must successfully complete a
basic course developed by the employing agency.
(a) The basic course shall be known as the
At-Scene Traffic Accident Investigation Course and contain a minimum of the
following Instruction:
(i) Two (2) hours
regarding the Principles of Accident Scene Management.
(ii) Six (6) hours regarding the Accident
Report Form.
(iii) Eight (8) hours
regarding Arkansas Traffic Laws.
(iv) Four (4) hours regarding Evidence
Collection.
(v) Four (4) hours
regarding Measurements and Diagramming.
(vi) Six (6) hours regarding Practical
Exercise involving a Mock Traffic Accident.
(vii) A two-hour Final Examination.
(b) Candidates must be tested on
each aspect of the At-Scene Traffic Accident Investigation course and obtain a
minimum score of 75% prior to assuming the duties of a Civil Traffic
Warden.
(5) In addition
to meeting these minimum standards for employment, a municipality of the first
class or the State Police may mandate local requirements such as written
testing or other precursors to employment as desired for their
jurisdiction.
1028.
LAW ENFORCEMENT CANINES & LAW ENFORCEMENT CANINE QUALIFYING
OFFICIALS
(1) CANINE QUALIFICATION
(a) A canine used in law enforcement in the
State of Arkansas may be qualified by a Law Enforcement Canine Qualifying
Official
(b) Agencies that choose
to use the CLEST canine qualification program shall meet or exceed the minimum
standards approved by CLEST for the type of canine being qualified.
(c) Law Enforcement Canine Qualifying
Official certificates issued by the Division remain the property of CLEST and
the Division shall have the power to revoke or recall any
certificate.
(2) LAW
ENFORCEMENT CANINE QUALIFYING OFFICIAL CERTIFICATION
(a) A person desiring to qualify law
enforcement canines in the State of Arkansas may be certified by the Division
as a Law Enforcement Canine Qualifying Official.
(b) A person desiring to obtain a Law
Enforcement Canine Qualifying Official certificate must:
(i) Submit an application to the
Division;
(ii) Submit a letter
confirming compliance with 1028(2)(c); and
(iii) Submit proof of completion of the
Arkansas Qualifying Official course.
(c) Applicants must have five (5) years of
experience as a canine officer, or be actively serving as a qualifying official
with a nationally recognized police canine organization, to be eligible for a
Law Enforcement Canine Qualifying Official certificate.
1029.
RESERVED
1030.
RESERVED
1031.
RESERVED
1032.
RETIRED OFFICER ELECTED AS CONSTABLE
(1) A Full-Time Law Enforcement Officer, as
defined by CLEST Rule, who retires from an Arkansas law enforcement agency and
serves as or is elected as Constable within six months of retirement from the
law enforcement agency, will not be subject to either Rule 1005 or the
refresher course if:
(a) That person is
reappointed as a law enforcement officer as described by Rule 1001(9);
and
(b) The person has successfully
completed a minimum of twenty-four (24) hours of CLEST certified training
annually. to include firearms qualification and Racial Profiling; and
(c) The person has a non-forfeitable right to
benefits under a State of Arkansas retirement plan.
(2) If a person meets the requirements of
paragraph 1, their instructor certification(s), except instructor certification
regarding radar, held at retirement will continue.
1033.
MARIJUANA LEAF FIELD TEST
TECHNICIAN
(1) Only Full-time law
enforcement officers who have completed the Division approved training for
Certified Law Enforcement Officers shall be eligible for certification as a
Marijuana Leaf Field Test Technician.
(2) Only Full Time Arkansas Law Enforcement
Training Academy (ALETA) Instructors or Arkansas State Crime Laboratory
Chemical Analysis Technicians shall be eligible to instruct the Marijuana Leaf
Field Test Class.
(3) All
applicants for Marijuana Leaf Field Test Technician Certification must attend
the eight (8) hour certification course conducted or coordinated through the
Arkansas Law, Enforcement Training Academy (ALETA).
(4) All certificates remain the property of
the Commission and the Commission shall have the power to revoke any
certificate issued. Technicians shall be required to attend any re-training or
refresher training as required by the Division.
(5) The Marijuana Leaf Field Test Technician
will be certified on the basis of minimum qualifications in the' area of
education, training, experience, and the ability to perform the task of drug
identification according to established protocol. It shall be the
responsibility of the department head to ensure that the Marijuana Leaf Field
Test Technician is supervised on a regular basis to insure a professional
standard is maintained.
(6)
Requirements:
(a) Law Enforcement Experience
A minimum of three years of full time experience in law
enforcement is required.
(b)
Education
Possession of a Basic Certificate
(c) Training
New applicants for Marijuana Leaf Field Test Technician will have
completed the certification course.
(d) General
(i) The Division shall establish the minimum
curriculum requirements for the Marijuana Leaf Field Test Technician Course for
Law Enforcement Officers and Instructors.
(ii) The Commission shall revoke
certification when it is determined the Technician is unqualified, ineffective,
or not complying with standardization, protocol, or training
guidelines.
(7)
Validation of Certificate
(a) The Marijuana
Leaf Field Test Technician certificate shall remain valid from the date of
issue, unless recalled by the department head and returned to the
Division.
(b) The Marijuana Leaf
Field Test Technician certificate will be transferable should the officer
change agencies.
1034.
DECERTIFICATION, DISCIPLINARY
ACTION, AND HEARINGS
(1)
DECERTIFICATION
(a) Certificates remain the
property of the Commission and the Commission shall have the power to revoke or
recall any certificate, including eligibility for certification, and ability to
act as a law enforcement officer, as provided by law.
(b) The Commission may revoke the
certification, eligibility for certification, or ability to act as a law
enforcement officer of any law enforcement officer after written notice and a
hearing for any of the following reasons:
(i)
The law enforcement officer was separated from his or her employment due to a
failure to meet the minimum qualifications for employment or appointment as a
law enforcement officer,
(ii) The
law enforcement officer left employment due to conduct or involvement in any
act which is punishable by law,
(iii) The law enforcement officer was
dismissed from employment for a violation of the Rules or Regulations of the
law enforcement agency for which he was employed
(iv) The law enforcement officer resigned
while he was the subject of a pending internal investigation.
(v) The law enforcement officer falsified any
information required to obtain certification.
(vi) The certification was issued in error or
mistake by the Division.
(vii) The
individual has ceased to meet the minimum standards for employment or
appointment as established by Rule 1002.
(viii) Committed a violation of the Law
Enforcement Code of Ethics.
(c) The Commission shall notify a law
enforcement officer in writing if the Commission believes there is a reasonable
basis for revoking the law enforcement officer's certification, eligibility for
certification, or ability to act as a law enforcement officer. If the officer
wishes to contest the decertification, the officer may request a hearing within
twenty (20) days of the date of the notice.
(d) An individual who has been decertified by
the Commission or by another state or who has surrendered a law enforcement
certification in Arkansas or in another state is not eligible for certification
in Arkansas until the commission, at its discretion and by majority vote, is
satisfied that the individual is eligible for re-certification.
(e) Recommendations to the Commission from a
department head or other authorized entity requesting decertification of a law
enforcement officer shall be supported by a letter of justification or other
documentation as required by the Commission.
(2) DISCIPLINARY ACTION
If an officer is determined by the Director or Deputy Director to
be in noncompliance with minimum standards, the Director or Deputy Director
will notify the employing agency in writing. The Director or Deputy Director
shall give the individual and the employing agency a reasonable amount of time
to remedy the deficiency. If, at the end of the period allowed for the
individual to remedy the deficiency, including any extensions thereof, if the
officer remains in noncompliance, the Director may:
(a) Temporarily suspend the officer's ability
to serve as a law enforcement officer.
i. If
the Director issues a temporary suspension, the Director will promptly notify
the law enforcement officer and the officer's employing law enforcement
agency.
ii. The Director may lift
the suspension upon the receipt of evidence showing that the noncompliance has
been corrected, or the Director may set the matter for a hearing before the
Commission; or
(b)
Provide written notice of the violation to the agency, which shall respond
within thirty (30) days of receipt of the notice.
i. If the agency fails to respond within the
required thirty (30) days, the Commission may issue a default order and
administrative penalty against the agency.
ii. In its response to the notice of
violation, the agency may request a hearing before the Commission to contest
the allegations contained within the notice.
(c) Commence an action consisting of both
(2)(a) and (2)(b).
(3)
ADMINISTRATIVE PENALTIES
(a) After notice and
a hearing, or as otherwise provided by law, the Commission may assess an
administrative penalty against an agency as follows;
i. For appointing a person who does not meet
minimum standards as a law enforcement officer, an administrative penalty or no
more than one thousand dollars ($1,000); and
ii. For failing to timely submit any required
appointment or separation documents, an administrative penalty or no more than
three hundred fifty dollars ($350).
(b) When determining the amount of an
administrative penalty assessed against an agency, the Commission shall
consider:
i. The seriousness of the
violation;
ii. The agency's history
of violations;
iii. The amount the
Commission believes is necessary to deter future similar violations;
iv. Efforts made by the law enforcement
agency to correct the violation; including the immediacy and degree of
corrective action; and
v. Any other
consideration that the Commission believes important.
(c) The administrative penalties may be
assessed on a per-day basis, with each day considered a separate
violation.
(4) HEARINGS
(a) All hearings before the Commission shall
be conducted in accordance with the Administrative Procedures Act, Ark. Code
Ann. §§ 25-15-201 et seq.
(b) Should any portion of this procedure ever
be in conflict with any provisions of the State Administrative Procedures Act,
the State Administrative Procedures Act will be followed in every
case.
(5) SUBPOENAS
(a) The Commission Chair or Director shall
sign a subpoena.
(b) A party
seeking a subpoena shall have the burden of preparing the subpoena for
signature, obtaining service of process, and tendering appropriate mileage fees
and witness fees calculated in accordance with Rule 45 of the Arkansas Rules of
Civil Procedure.