31 Miss. Code. R. 301-2.3 - Procedures

1. All law enforcement employers shall follow these steps in the evaluation, employment and certification of law enforcement officers.

A. The employing agency must evaluate each law enforcement applicant to ensure each applicant meets the minimum employment criteria prior to employment. This evaluation must include the following:

1. A complete background investigation. This investigation is a critical factor in determining whether law enforcement applicants meet the requirements established under the LEOTP. The primary purpose of the investigation is to provide the law enforcement employer with enough factual information to determine if a particular candidate would ensure the continued public trust in the competence and reliability of the department.

2. The submission of the applicant's fingerprints to the Criminal Information Center of the MS Department of Public Safety (DPS/CIC) as a part of the background investigation.

Criminal Information Center/MJIC Department of Public Safety "Fingerprints" 3891 Highway 468 West Pearl, Mississippi 39208 Telephone # - (601) 933-2600; Fax # - (601) 933-2676

Do not send fingerprints to the Board or to any of the academies. None of these agencies will forward your applicant's prints.

3. A review of the official Certificate of Release or Discharge from Active Duty, DD Form 214 for all applicants who have military service.

4. A review of appropriate official documents to certify successful completion of high school or the General Educational Development (GED) Testing Program as per Chapter 2, Rule 2.2, Subsection- c, Paragraph-2, Subparagraph-a - d.

5. A review of appropriate official documents to certify age and citizenship.

6. A medical and psychological review completed by a licensed physician. A medical and psychological exam is also required to enter the academy. Agencies shall use the training packet medical form required for entry into the academy to accomplish both requirements with one medical evaluation. Please note that the medical evaluation is valid for six months. Medical evaluations completed more than six months prior to enrollment in an academy must be updated.

7. A review of appropriate documents to verify current certification status for those applicants transferring from another law enforcement agency or jurisdiction.

8. Officers who transfer from another Mississippi law enforcement agency with a valid certificate (with a break in-service of less than two years) must continue to meet all the minimum employment standards. Therefore, agencies must conduct a background investigation and medical/psychological exam of all applicants to include those officers who may already hold certification.

B. Once the employer has verified all the minimum employment standards and has employed the candidate, the employing agency shall create and maintain an individual personnel file containing a release of information form signed by the applicant, documentation of the aforementioned minimum employment specifics, documentation of the background investigation and the medical exam (i.e. official diplomas, birth certificate, DD Form 214, naturalization forms, FBI fingerprint report, etc.). The individual personnel file shall be maintained by the agency as long as the named officer is employed as a law enforcement officer within the agency. The agency head shall readily make the contents of the file available to the Board on Law Enforcement Officer Standards and Training upon receipt of a written request.

C. Law enforcement agencies must notify the Board on Law Enforcement Officer Standards and Training (BLEOST) within thirty days of the date of hire of any fulltime, part-time, reserve, or auxiliary law enforcement officer. This notification shall be via a full-time or part-time "Law Enforcement Application for Certification and Background Investigation Review" form, Parts I, II and III. The Board will use this form to determine if the applicant meets the minimum employment and training standards required for certification.

Warning: MCA § 97-7-10 "Fraudulent Statements and Representations" provides for severe penalties for misrepresentations or fraudulent statements to a Board. This statute authorizes a fine of up to ten thousand dollars ($10,000.00) and a jail sentence of up to five (5) years. Further, the Law Enforcement Officers Training Program authorizes the Board in MCA § 45-6-11(7) to cancel and recall any certificate obtained through misrepresentation or fraud.

1. The agency head is responsible for conducting a background investigation. The investigation should reveal whether the applicant is a "grand-fathered" officer, a certified officer or an officer who has not obtained certification in Mississippi.

a. The full-time or part-time "Law Enforcement Application for Certification and Background Investigation Review" form, Parts I, II and III shall be submitted for either officers who have not obtained certification in this state or officers who have had a break in service of two years or more. Part II of this form must be signed and dated by the applicant. Part III of this form must be signed and dated by the agency head or an authorized designee. Both Parts II and III must be signed and dated before a notary public.

b. Agency heads must designate persons to sign BLEOST forms in writing. Such authorizations shall be submitted to the Board.

c. If the applicant for certification is the agency head, (i.e., Chief or director) forms must be signed by the next individual in the chain of command such as a mayor or college dean, etc.

2. To obtain credit for completion of basic training, agencies must submit appropriate documentation with the "Law Enforcement Application for Certification and Background Investigation Review" form. Appropriate documentation shall consist of a copy of a training certificate, a score sheet or a letter authenticated by an academy official. Credit may also be granted for completion of an advanced training course such as the Southern Police Institute or the FBI Academy.

3. In all cases, the employing agency must submit Parts I, II and III of the "Law Enforcement Application for Certification and Background Investigation Review" form within thirty days whenever any individual is employed as a law enforcement officer. Part II lists questions with a choice of a "yes" or "no" answer and contains a statement to be signed and dated by the applicant. Part III lists procedures to be initialed, to signify completion, by the head of the agency/department or his/her authorized signee and contains a statement to be signed and dated by the agency head or the authorized signee. Both Parts II and III must be signed and dated before a notary public.

a. Any of the questions in Part II, items one (1) through ten (10), that are answered "yes" must be explained in writing to the Board. The explanation must be typed or printed in ink on separate 8.5 x 11 sheets of paper, signed and dated by the applicant and include all related court documents. All crimes (regarding questions 4 and 5) must be reported. The only exceptions to this requirement are traffic offenses where the fine is less than one hundred dollars ($100.00) and where the applicant has had fewer than four (4) traffic offenses within the preceding twenty-four (24) months (excluding drug or alcohol related offenses).

b. Traffic offenses where the fine was more than one hundred dollars ($100.00) or offenses that involve drugs or alcohol must be reported and explained. If the applicant has had four (4) or more traffic offenses within the previous twenty-four (24) month period, the date and disposition of each offense must be listed.

c. All other types of offenses are crimes and must be reported, regardless of the fine, pleas entered, or the adjudication status. This would include but is not limited to cases that are non-adjudicated, nolle prossed, dismissed, acquitted, or expunged.

d. Explanation of crimes or related matters should include the date of the offense and the status of the case.

4. Agencies must submit a "Law Enforcement Application for Certification and Background Investigation Review" form, Parts I, II and III and an explanation for any answers of "yes" in Part II. Agencies should also submit documentation of basic training if applicable. No other forms or documents should be sent to the Board unless requested by the staff in writing. Other diplomas, in-service training certificates, birth records, fingerprint cards etc. should be retained in the agency personnel file.

D. The Board Certification Section shall review each set of forms submitted to the Board. The Certification Section:

1. Shall determine that all appropriate forms are included.

2. Shall analyze each document to verify certification specifics which the Board must consider in accordance with established policy and procedure.

3. Shall determine the Certification Status of each applicant;

a. Eligible for exclusion ("grand-fathered") under § 45-6-11(1),

b. Eligible for transfer of current certification to another law enforcement agency (break in service of less than two years),

c. Eligible for certification after successful completion of the Skills Test and Law Courses of the Refresher Course (completion of a Board-approved basic training course and break in service of more than two years), or the Refresher Course (completion of a Board-approved basic training course and break in service of more than five years).

d. Eligible for certification after successful completion of Board-approved basic training course,

e. Or not eligible for certification.

4. Shall communicate with the employing agency in writing to clarify information as needed and to inform the agency of the applicant's certification status.

5. Shall track progress toward completion of assigned training of all applicants.

E. After the staff has notified the agency head of the applicant's certification status, the agency head must then ensure that all arrangements are made to enroll the officer in an appropriate training program. Once the applicant has successfully completed the prescribed training and the Board has approved the individual or group of applicants, the staff will distribute certificates and provide reimbursement of authorized expenses.

F. Self-Sponsored individuals may request to attend an accredited academy for the purpose of completing basic or refresher training before applying for a law enforcement position. Self-Sponsored individuals must obtain certification within two years of completing basic or refresher training. If certification is not granted, the training must be repeated.

Accredited academies may enroll and train self-sponsored cadets after completing the following steps:

The academies must evaluate each self-sponsored applicant to ensure each applicant meets the minimum employment criteria prior to employment. This evaluation must include the following:

1. A complete background investigation. This investigation is a critical factor in determining whether law enforcement applicants meet the requirements established under the LEOTP. The primary purpose of the investigation is to provide enough factual information to determine if a particular candidate would ensure the continued public trust in the competence and reliability of a law enforcement officer.

a. Academies must submit a "Law Enforcement Application for Certification and Background Investigation Review" form, Parts I, II and III and an explanation for any answers of "yes" in Part II which also contains a statement to be signed and dated by the self-sponsored applicant. Part III lists procedures to be initialed, to signify completion, and contains a statement to be signed and dated by the head of the academy or his/her authorized signee. Both Parts II and III must be signed and dated before a notary public.

2. The submission of the applicant's fingerprints to the Criminal Information Center of the MS Department of Public Safety (DPS/CIC) as a part of the background investigation.

Criminal Information Center/MJIC Department of Public Safety "Fingerprints" 3891 Highway 468 West Pearl, Mississippi 39208 Telephone # (601) 933-2600; Fax # (601)933-2676

3. A review of the official Certificate of Release or Discharge from Active Duty, (DD Form 214), or other official documents of release or discharge for all applicants who have military service.

4. A review of appropriate official documents to certify successful completion of high school or the General Educational Development (GED) Testing Program as per Chapter 2, Rule 2.2, Subsection c, Paragraph 2, Subparagraph a-d.

5. A review of appropriate official documents to certify age and citizenship.

6. A medical and psychological review completed by a licensed physician. A medical and psychological exam is also required to enter the academy. Academies shall use the training packet medical form required for entry into the academy to accomplish both requirements with one medical evaluation. Please note that the medical evaluation is valid for six months. Medical evaluations completed more than six months prior to enrollment in an academy must be updated.

G. Academies may charge the self-sponsored cadet a fee to cover the expense of the background investigation. The payment of fees and tuition for basic training is the responsibility of the self-sponsored cadet. The academy may withhold a self-sponsored cadet's records for successful completion until their financial obligation has been met. If the self-sponsored cadet that has attended the academy is appointed or employed as a law enforcement officer, he/she will be classified as a law enforcement trainee until the academy releases his/her records of successful completion of the academy.

H. Individuals aggrieved by the actions of the BLEOST staff may request to present their request before the Board at a regularly scheduled meeting. Such requests must be presented to the staff in writing not later than 10 working days prior to the next regularly scheduled Board meeting.

Notes

31 Miss. Code. R. 301-2.3

Miss Code Ann. § 45-6-7, 45-6-9

Adopted 9/16/2019 Amended 11/3/2021