Professional Certification Policy and Procedures Manual
Mississippi Administrative Code
Mississippi Administrative Code
Title 31: Public Safety Part 301: Board on Law Enforcement Officer Standards and Training Professional Certification Policy and Procedures Part 301: Table of Contents Part 301: Chapter 1 Part 301: Chapter 2 Part 301: Chapter 3 Part 301: Chapter 4 Part 301: Chapter 5 Part 301: Chapter 6 Part 301: Chapter 7 Part 301: Chapter 8 Part 301: Chapter 9 Part 301: Chapter 10 Part 301: Chapter 11 Part 301: Chapter 12 Part 301: Chapter 13 Part 301: Chapter 14 Part 301: Chapter 15
Definitions Applicant Evaluation, Employment and Certification Procedures Professional Certificates Hearings, Denial or Other Sanctions of Certificates Compliance Monitoring and Noncompliance Reimbursement of Training Costs Standards for the Successful Completion of Law Enforcement Training Physical Fitness Program Certification Based on Equivalency of Training and Refresher Training Continuing Education and Course Certification Constable Training Requirements Constable Identification Instructor Certification Academy Accreditation Official BLEOST Forms
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Part 301 Chapter 1 Rule 1.1
Definitions
Herein are defined certain terms used in these Policy and Procedures. 1.
Administrative Hold - Shall mean the withholding of all training funds and certification certificates due to non-compliance with Board policy or official requests for information.
2.
Background Investigation - Shall mean a comprehensive process designed to produce fact-based, complete, accurate and unbiased information to ensure that an applicant meets all standards and requirements for employment.
3.
Board - Shall mean the Board on Law Enforcement Officer Standards and Training.
4.
Board Director - Shall mean the Director of the Division of Public Safety Planning.
5.
Break in Service - Any period of time when an individual is not a law enforcement officer as defined in this policy.
6.
Certificates - Shall mean certificates issued only to fully qualified officers.
7.
Certified - Shall mean the Board has acknowledged that all requirements mandated by this policy and the Law Enforcement Officers Training Program have been achieved and that a certificate has been issued as documentation of the same.
8.
Chief of Police - Shall mean the chief law enforcement officer of the municipality, who shall have control and supervision of all police officers employed by the municipality. The officer in charge of municipal law enforcement officers, regardless of title, is acting as the Chief of Police.
9.
Code of Ethics - Shall mean the ethical mandates set forth in Chapter 4, Rule 4.4,(1), Law Enforcement Code of Ethics, that law enforcement officers use to perform their duties.
10. Criminal Record - Shall mean any type of felony or misdemeanor conviction. 11. Disqualifying Criminal Convictions - Shall mean a criminal record that is specific and directly related to the duties and responsibilities of a law enforcement officer as determined by a consideration of the following factors: the nature and seriousness of the crime for which the individual was convicted; the passage of time since the commission of the crime; the relationship of the crime to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of a law enforcement officer; and any evidence of rehabilitation or treatment undertaken by the individual that might mitigate against a direct relation. 12.
Employment Standards - To be qualified for employment as a law enforcement officer, the applicant must meet the following standards and requirements: Be at least twenty-one (21) years of age, a high school graduate (or obtain a General Educational Development (GED) 2
Diploma), and a United States citizen; be of such good physical and mental condition to be capable of performing the duties under conditions inherent to the profession, as verified by a licensed physician; and be of good moral character as evidenced among other things by having neither a conviction, a plea of guilty, a plea of nolo contendere, probation, pre-trial diversion or the payment of any fine for a felony or a misdemeanor involving moral turpitude or in relation to a crime that is directly related to the duties and responsibilities of a law enforcement officer; and have engaged in no conduct or action that would greatly diminish the public trust in the competence and reliability of a law enforcement officer. Former members of the Armed Forces must have been discharged under honorable conditions. Fitness for service as it relates to moral character must be verified by an appropriate background investigation. 13. Equivalency of Training - Shall mean the assessment of an applicant's law enforcement training, education, experience and qualifications. 14. “Grand-fathered” or exempt officers - Shall mean full-time law enforcement officers already serving under permanent appointment on July 1, 1981, and personnel of the division of community services under § 47-7-9, Mississippi Code of 1972, serving on July 1, 1994, are not required to meet any of the provisions of the Law Enforcement Officers Training Program. 15. Lateral Transfer - A transfer by a certified officer to a different law enforcement agency. 16. Law Enforcement Employer - Shall mean the agency which employs the law enforcement officer. 17. Law Enforcement Officer - Shall mean any person or individual appointed or employed full time by the state or any political subdivision thereof, or by the state military department as provided in Section 33-1-33, who is duly sworn and vested with authority to bear arms and make arrests, and whose primary responsibility is the prevention and detection of crime, the apprehension of criminals and the enforcement of the criminal and traffic laws of this state and/or the ordinances of any political subdivision thereof. The term "law enforcement officer" also includes employees of the Department of Corrections who are designated as law enforcement officers by the Commissioner of Corrections pursuant to Section 47-5-54 and includes those district attorney criminal investigators who are designated as law enforcement officers. However, the term "law enforcement officer" shall not mean or include any elected official or any person employed as a legal assistant to a district attorney in this state, compliance agents of the State Board of Pharmacy, or any person or elected official who, subject to approval by the board, provides some criminal justice related services for a law enforcement agency. As used in this paragraph, "appointed or employed full time" means any person, other than a deputy sheriff or municipal law enforcement officer, who is receiving gross compensation for his or her duties as a law enforcement officer of Two Hundred Fifty Dollars ($250.00) or more per week or One Thousand Seventy-Five Dollars ($1,075.00) or more per month; for a deputy sheriff or municipal law enforcement officer, the term “appointed or employed full time” means a deputy sheriff or municipal law enforcement officer who is receiving gross compensation for his or her duties as a law enforcement officer of Four Hundred Seventy-five Dollars ($475.00) or more per 3
week or Two Thousand Fifty Dollars ($2,050.00) or more per month. 18. Law Enforcement Trainee - Shall mean any person appointed or employed in a full-time, part-time, reserve or auxiliary capacity by the state or any political subdivision thereof for the purposes of completing all the selection and training requirements established by the board to become a law enforcement officer or a part-time law enforcement officer. Such individuals shall not have the authority to use force, bear arms, make arrests or exercise any of the powers of a peace officer unless: A. The trainee is under the direct control and supervision of a law enforcement officer; B. The trainee was previously certified under this chapter; or C. The trainee is a certified law enforcement officer in a reciprocating state 19. Moral Turpitude - Any conduct, or pattern of conduct, contrary to justice, honesty, honor, modesty or good morals that would tend to disrupt, diminish or otherwise jeopardize public trust and fidelity in law enforcement. 20. Part-time Law Enforcement Officer - Shall mean any person or individual appointed or employed in a part-time, reserve, or auxiliary capacity by the state or any political subdivision thereof who is duly sworn and vested with authority to bear arms and make arrests, and whose primary responsibility is the prevention and detection of crime, the apprehension of criminals and the enforcement of the criminal and traffic laws of this state and/or the ordinances of any political subdivision thereof. However, the term “part-time law enforcement officer” shall not mean or include any person or elected official who, subject to approval by the Board, provides some criminal justice related services for a law enforcement agency. As used in this paragraph “appointed or employed” means any person, other than a deputy sheriff or municipal law enforcement officer, who is performing such duties at any time whether or not they receive any compensation for duties as a law enforcement officer provided that such compensation is less than Two Hundred Fifty Dollars ($250.00) per week or One Thousand Seventy-Five Dollars ($1,075.00) per month; for a deputy sheriff or municipal law enforcement officer, the term ‘appointed or employed” means a deputy sheriff or municipal law enforcement officer who is performing such duties at any time whether or not they receive any compensation for duties as a law enforcement officer provided that such compensation is less than Four Hundred Seventy-five Dollars ($475.00) per week or Two Thousand Fifty Dollars ($2,050.00) per month. 21. Probationary Period - A period of one year for full-time status and two years for part-time status from the initial date of hire as a law enforcement trainee, in the original appointment. The probationary period cannot be enlarged by additional or multiple appointments. Individuals acquire an additional two-year period following a break in-service of more than two years. 22. Self-Sponsored Cadet - Shall mean any person applying to an accredited law enforcement academy with the intent of completing the basic course curriculum or refresher course curriculum for full-time or part-time employment. 4
23. Training Packet - Shall mean the Board adopted forms used to collect information necessary for enrollment in a basic, part-time/reserve or refresher training course. History: adopted - 07/1981; rev - 04/1988, 10/1991, 07/1998, 07/2004, 07/2006, 07/2007, 09/2008, 05/2013, 03/2017 and 08/2020 Source: Miss Code Ann. § 45-6-3, 45-6-7
Part 301 Chapter 2: Applicant Evaluation, Employment and Certification Procedures Rule 2.1 Purpose 1.
This section establishes policy and procedure for certification of law enforcement officers. Note: This section comprises sections formerly known as “grand-fathered” officers, newly employed officers and lateral transfers.
Source: Miss Code Ann. § 45-6-7 Rule 2.2 Policy 1.
The Board shall certify as law enforcement professionals those persons who meet the employment guidelines established in accordance with Mississippi Code as Annotated § 456-11 (3). Additionally, the Board shall certify certain eligible law enforcement officers as being exempt from the requirements. A. Certification under the Law Enforcement Officers Training Program (LEOTP) is limited by law to law enforcement officers only. A law enforcement officer is defined in the statute (§ 45-6-3 (c) and (d as any person who is: 1.
Appointed or employed full-time, part-time, reserve, or auxiliary by the state or any political subdivision thereof,
2.
Duly sworn,
3.
Vested with the authority to bear arms, and to make arrests,
4.
And assigned, as their primary responsibility, duties which are the prevention and detection of crime, the apprehension of criminals and the enforcement of criminal and traffic laws of the state and/or of a political subdivision of the state.
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B. § 45-6-11 (1) provides an exclusion or “grand-father clause” for eligible law enforcement officers. 1.
Law enforcement officers already serving under permanent appointment on July 1, 1981, and personnel of the division of community services under § 47-7-9, Mississippi Code of 1972, serving on July 1, 1994 are not required to meet any of the provisions of the LEOTP. This is the sole qualifying factor for any exemption under the “grand-father clause” of the LEOTP Act. The Act does not provide for any exemption based on prior years of service.
2.
This exclusion from the requirements of the LEOTP is valid so long as the eligible officer does not have a break in law enforcement employment of more than two years. If an officer who is grand-fathered under the LEOTP leaves employment as a law enforcement officer and is not re-employed as a law enforcement officer within two years, the officer will be required to meet all the requirements as described in the Act.
C. All law enforcement applicants with the noted exception in paragraph (b) above must meet the following guidelines to be employed as a law enforcement officer: 1.
Be at least twenty-one (21) years of age,
2.
Be a high school graduate or obtain a General Educational Development (GED) Diploma, a.
High School graduate is defined as graduating from a secondary school in an accredited school district having earned the required Carnegie units and successfully completed any and all subject area testing as specified by the Mississippi Department of Education in the year the diploma was awarded.
b.
Accredited schools include those accredited by the Departments of Education from each State, the Independent/ Private School Association from each State, the Association of Christian Schools International, the National Council for Private School Accreditation, the Southern Association of Colleges and Schools (SACS) or one of the six regional bodies of the Association of Colleges and Schools, and AdvancED.
c.
In lieu of a high school diploma, a college diploma from an accredited institution will be accepted. It must be an Associate’s (AA or AAS) or higher. Technical Certificates will not be accepted. Accredited schools include those accredited by an Accrediting Agency recognized by the U.S. Department of Education.
d.
If an applicant has not obtained a high school diploma from an accredited school, the applicant must obtain a GED through the 6
Mississippi Department of Education or obtain an equivalent score on a GED test administered by the American Council on Education. e. Applicants may provide a composite test score on the ACT of 15 or higher in lieu of a GED score. ACT scores can only be accepted if the score is on an official form (student or institution copy) or as part of an official school transcript. 3.
Be a United States citizen,
4.
Be of good physical and mental condition, capable of performing the duties, under conditions inherent to the profession, as verified by a licensed physician,
5.
And be of good moral character as evidenced among other things by having neither a conviction, a plea of guilty, a plea of nolo contendere, having been ordered into probation or pre-trial diversion or have been fined in relation to a felony or a misdemeanor involving moral turpitude or to a crime that is directly related to the duties and responsibilities of a law enforcement officer; and not have been engaged in any conduct or action that would greatly diminish the public trust in the competence and reliability of a law enforcement officer. Former members of the Armed Forces Individuals must have been discharged from the Armed Forces under honorable conditions. Fitness for service as it relates to moral character must be verified by an appropriate background investigation.
D. Individuals who meet both the definition for a law enforcement officer in paragraph (C) above and who meet the minimum employment guidelines are eligible to be employed as a law enforcement officer. 1.
Such officers must successfully complete prescribed training and obtain certification within one year for full-time status and two years for part-time status from their date of hire. Note: Although the statute provides up to one year for full-time status and two years for part-time status from the date of hire and under certain limited conditions individuals may lawfully serve beyond this period, agencies should adopt policies to provide training as soon as possible, preferably prior to the assignment of any law enforcement duties. Law enforcement administrators are responsible for providing adequate and appropriate training to reduce the potential risks of conduct which could result in a violation of someone's civil rights, injury or death. Failure to do so has been construed by the courts as being deliberately indifferent.
2.
The probationary period begins upon the initial date of hire as a law enforcement officer. Individuals who begin employment with an agency in a non-law enforcement position such as a jailer must report the effective date of their transfer to a law enforcement position as their initial date of hire. 7
3.
The probationary period is cumulative in nature and cannot be enlarged by additional or multiple employments. If an officer transfers from one department to another department prior to obtaining certification, the total time served will count toward the probationary period. For example, if a part-time officer began employment and quits after three months, the officer would have twenty-one months remaining upon subsequent employment. The full probationary period may only be reinstated upon a break in service of two years or more.
E. The LEOTP makes no provision to waive, enlarge or extend the probationary period nor does the Act authorize the Board on Law Enforcement Officer Standards and Training to waive, enlarge or extend the period. However the Act does provide that any person, who, due to illness or other events beyond his/her control, could not attend the required school/training as scheduled, may serve with full pay and benefits in such a capacity until he/she can attend the required school/training. 1.
To qualify as being eligible to continue receiving pay beyond the probationary period, individuals generally must have met all selection criteria upon employment and in particular must have been able to meet the physical fitness guidelines as determined by a licensed physician. Any individual employed as a law enforcement officer with a pre-existing medical or other condition that would preclude his/her participation in the law enforcement training program does not meet the entry level standards and is not eligible for law enforcement service.
2.
Applicants must have been scheduled to attend a specific basic course by name and accepted for enrollment in a course which would have satisfied the probationary period requirement. Once it is determined that an officer cannot complete the course as scheduled, the hiring agency must provide written documentation that fully describes the event which prevents the student from successfully completing the course. The written documentation must include adequate documentation that the event was indeed beyond the student's control. A student's dismissal from the training program due to misconduct or failure to meet the academic/training standards would not constitute an event beyond that student's control. Illnesses, injuries or other events which could be reasonably avoided would not excuse a student's failure to achieve the training standards. Events, which are precipitated by a student's negligence, misconduct or illegal activity, will not be considered as “beyond the student's control”. For example, a vehicular accident in which the student operator was found to be operating the vehicle in a willfully reckless fashion or under the influence of intoxicating substances would not be beyond that student's control as such events can be readily avoided.
3.
Any such event which prevents a student from completing the course as scheduled must be temporary in nature. Applicants must have reasonable potential to recover from the illness, injury or other event and make a reasonable effort to successfully complete the training course. In any case, applicants must complete the training within one year for full-time status and two years for part-time status from the date 8
of their illness or injury or be reevaluated as to their ability to meet the physical fitness employment guidelines. Such evaluations will be conducted in accordance with the Board's policy on recall or cancellation of certificates. In addition to those procedures, applicants must submit a Board-approved medical examination dated within six months of the review hearing. 4.
Events precipitated by natural disaster, civil disturbance, war or acts of God which would reasonably interfere with the normal conduct of law enforcement activities within a political subdivision or disrupt the law enforcement training programs of the state would enable an applicant to continue to serve and receive salary as a law enforcement officer.
5.
Agencies must make every reasonable effort to provide training to their officers and adopt policies which ensure that their officers complete the prescribed training requirements within the probationary period. Agencies which fail to provide adequate funding or other appropriate resources to ensure compliance with the LEOTP will not be eligible to continue the service of officers who have not completed the training requirements within the probationary period.
6.
Should the State fail to provide adequate resources or funding to enable each officer to complete the required law enforcement training within the time limit, agencies may continue to employ such officers until they have the opportunity to complete the next available training program.
7.
The Board staff shall review the facts and circumstances for each instance where an applicant's department requests to continue service beyond the probationary period. The staff shall determine whether the applicant was eligible to be employed as a law enforcement officer, whether the applicant was scheduled to attend a basic course within the probationary period, whether the injury, illness or other event was beyond the control of the applicant and whether the situation will be temporary or permanent in nature.
F. The LEOTP makes provision to penalize agencies who employ officers without obtaining certification beyond the probationary period. These penalties include a loss of peace officer powers and authorization to receive a salary. To avoid these penalties, agencies should consider all contingencies in the planning of the evaluation, employment and training of their personnel. Source: Miss Code Ann. § 45-6-7, 45-6-17 Rule 2.3 Procedures 1.
All law enforcement employers shall follow these steps in the evaluation, employment and certification of law enforcement officers.
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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.
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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. 11
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 twentyfour (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.
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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.
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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.
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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. History - adopted - 10/1991; rev - 01/1995, 03/1996, 04/1997, 08/1997, 07/1998, 11/2003, 05/2005, 11/2007, 09/2008, 05/2013, 03/2017, 09/2018 and 08/2020 Source: Miss Code Ann § 45-6-7, 45-6-9
Part 301 Chapter 3: Professional Certificates Rule 3.1 Purpose 1.
This section establishes policies and procedures governing professional certificates.
Source: Miss Code Ann. § 45-6-7 Rule 3.2 Policy 1.
Vested by law with ownership of and full responsibility for law enforcement officers' certificates, the Board's policy is to ensure that certificates are issued only to fully qualified officers and revoked when appropriate and that all certificates are accounted for at all times. The law specifies that any certificate for a law enforcement officer issued as a result of the 15
Law Enforcement Officers Training Program is the property of the Board. Although the certificate is issued in the name of the individual officer, the Board shall place the certificate in the stewardship of the employer and shall retain the right to require return of the certificate to the Board. The employer shall not transfer a certificate issued by the Board to any person or agency except through the Board director. Source: Miss Code Ann. § 45-6-7 Rule 3.3 Procedures 1.
All law enforcement employers included under the Law Enforcement Officers Training Program as described in this Policy and Procedures Manual should follow these steps in safekeeping certificates issued to their employees by the Board. A. The employer, upon receiving the certificate from the Board director, should record the certificate number and the date issued in the employee's personnel file. B. The certificate should remain in the physical custody of the employer at a site which houses agency operations. The employer may provide the employee with a photo static copy of the certificate. C. The certificate, if defaced, destroyed, misplaced, or stolen while in the stewardship of the employer, will normally be replaced with a photo static copy. The production of duplicate certificates shall be minimized. The staff will evaluate each incident prior to the issuance of a duplicate certificate. D. The employer should return the certificate to the Board director, along with a complete “Termination/Reassignment Report” form, within ten working days after: 1.
The employee no longer meets all of the qualifications for employment (i.e.- the employee has been convicted, pled guilty, pled nolo contendere, fined, ordered into probation or pre-trial diversion in relation to a felony or a crime involving moral turpitude or to a crime that is directly related to the duties and responsibilities of a law enforcement officer, etc. [the employer shall provide official documentation of any such conviction]);
2.
Receiving written notice from the Board of evidence that the certificate was obtained through misrepresentation or fraud;
3.
The employee dies, resigns, laterally transfers or is terminated;
4.
The employee takes leave or is assigned leave from actual performance of law enforcement duties from the employer for any reason for an indefinite period or for a period planned to last more than twelve months;
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5.
And receiving written notice from the Board that the certificate shall be returned for other due cause as determined by the Board.
E. The staff shall decide the disposition of a certificate within a reasonable time after receiving notice that a certificate has been returned. The Board may decide to: 1. Delay consideration of the return of the certificate; 2. Inactivate the certificate; 3. Assign stewardship of the certificate to a new law enforcement employer or; 4. Annul/revoke a certificate, if issued in error or through misrepresentation or fraud. F. In the case of lateral transfer, the staff shall forward the certificate to the appropriate employer. G. The staff shall maintain the certificate and all other file information of officers who have died or whose certificates have been inactivated in the Board files. H. When the staff has inactivated a certificate because an officer is no longer in law enforcement employment as described in this Policy and Procedures Manual, is on indefinite leave or leave for more than one year, or for other reasons the Board director may reactivate the certificate when the certified officer resumes employment for the employer who returned the certificate or under a new law enforcement employer included under the Law Enforcement Officers Training Program. In any case, the employer may initiate the reactivation process by forwarding a “Law Enforcement Application for Certification and Background Investigation Review” form, Parts I, II and III to the Director. The Board director shall forward a reactivated certificate to the employer. I.
When an officer, certified by Mississippi statute, leaves law enforcement employment for a period of two years or more, his or her certification will lapse. Upon receiving a request to reactivate the officer’s certification, the staff shall notify the employer, by letter, that the officer’s certification has lapsed, and that the officer must qualify for Board certification within one year for full-time status and two years for part-time status of his or her current date of hire.
History -
Adopted - 07/1981; rev - 04/1988/1997, 07/1998, 11/2003, 09/2006, 11/2006, 05/2013 and 08/2020
Source: Miss Code Ann. § 45-6-7, 45-6-9
Part 301 Chapter 4: Hearings, Denial or Other Sanctions of Certificates 17
Rule 4.1 Purpose 1.
This section establishes policy and procedures governing the classification of “not eligible for certification” or the reprimand, suspension (under conditions imposed by the board), recall or cancellation of the professional certificate of a law enforcement officer. This section also establishes the policy and procedures for board hearings for anyone aggrieved of a finding by the staff or to make special requests for relief under board policies.
Source: Miss Code Ann. § 45-6-7 Rule 4.2 Policy 1.
The Board may reject any unqualified applicant for certification by a classification of not eligible for certification. Further, the Board reserves the right to reprimand, suspend or cancel and recall any certificate when: A. The certificate was issued by administrative error; B. The certificate was obtained through misrepresentation or fraud; C. The holder has been convicted, pled guilty, pled nolo contendere, fined, ordered into probation or pre-trial diversion in relation to a felony or a crime involving moral turpitude or that is directly related to the duties and responsibilities of a law enforcement officer; D. The holder has committed an act of malfeasance or has been dismissed from his employing law enforcement agency; or E. The physical or mental condition of the officer is such that the officer is incapable of performing law enforcement duties inherent to the profession; or F. Other due cause as determined by the Board. 1.
The Board has established standards and qualifications by rule and regulation for the employment of law enforcement officers as they relate to the competence and reliability of persons to discharge the responsibilities of that position of public trust. These standards address minimum age, education, training, physical and mental standards, citizenship, good moral character and experience.
2.
Any conduct or action that would breach the established minimum standards, violate the Law Enforcement Code of Ethics or would greatly diminish the public trust in the competence and reliability of a law enforcement officer would be actionable as due cause for reprimand, suspension (under conditions), recall or cancellation of a certificate.
18
Source: Miss Code Ann. § 45-6-7, 45-6-11 Rule 4.3 Procedures 1.
The procedures listed herein shall be followed to ensure a fair and expedient process consistent with law. A. The Board staff shall open a certification review file upon the instruction of the assistant director or the director. The director or the assistant may base the opening of a review file on a number of sources. 1.
Routine activity by the Board staff that discloses noncompliance with the LEOTP or established policy shall be considered as possible basis for opening a certification review file.
2.
Law enforcement agency heads may request in writing to the assistant director or the director that a certification review file be opened.
3.
The investigative divisions of the state or a political subdivision thereof may request in writing to the assistant director or the director that a certification review file be opened a.
All such requests in Chapter-4, Section-3, Subsection-a, Paragraph-2 and 3 above, should be accompanied by documents to support the review request. All accepted materials shall become a part of the individual officer's application packet.
b.
The release of these materials shall be in accordance with the Board's policy and the Open Meetings and Records Act.
B. Once the certification review file has been opened, the Board staff shall be responsible for organizing the materials submitted as a result of the review process. The staff may correspond with the employer, official records clerks or investigative agencies to clarify information. The staff may also initiate a request through the director to the investigative division of the Office of the Attorney General for further investigative support if needed. C. The staff will indicate whether criminal charges have been initiated and maintain a current status report for each opened certification review file. (Information on court dates, hearings, pleas, adjudication status and sentencing shall be maintained to enable the director to take immediate action once a case has been heard.) D. The director or the assistant director shall review the status of all open certification review files on a regular basis.
19
E. Once the director believes that there is sufficient cause to support a Board action in the case, the director shall decide whether a sanction should be initiated. The director may elect to: 1.
Delay consideration pending further information;
2.
Proceed with an administrative action such as a declaration of ineligible for certification or other approved sanction,
3.
Proceed with a hearing to enable the full Board to evaluate the case.
F. The director shall have the administrative authority to issue both temporary or permanent declarations of ineligibility for certification as well as an administrative revocation of those certificate holders who have been adjudicated guilty of a felony crime.
G. Individuals must be notified in writing of any administrative sanction including noneligibility. The notification letter must contain the reasons for the sanction as well as a statement of the specific findings by the staff. The notification letter must also include instructions for requesting a board hearing. H. Board hearings may be convened at the request of the director or upon the receipt of a request from an individual aggrieved of a staff finding, administrative action or to obtain relief under board policies. The director shall inform the Chair of any requests for a hearing and provide any additional information related to the hearing. The Chair may elect to hold the hearing at the next regularly scheduled meeting or at a specially convened meeting for that purpose. 1.
Once the date has been established for the hearing, the director shall notify the officer/individual and the agency head of the hearing date. The letter shall state, in clear terms, the time and place of the hearing, purpose of the hearing and proposed action to be taken. The letter will also: a.
Invite the officer/individual to appear personally before the Board to make a presentation on his certification.
b.
Advise the officer/individual that they have a right to be heard, present evidence and that they may bring people to give oral testimony or to provide assistance in the presentation. They also may question any adverse witnesses.
c.
Advise the officer/individual that they may have counsel assist and/or represent them at the hearing.
d.
Advise the officer/individual that strict rules of evidence do not apply.
20
e.
Advise the officer/individual that documents may be submitted for consideration. All copies of any official documents must be submitted under the county seal or notary public. Any written testimony must be presented in the form of duly sworn affidavits. All documents must be submitted to the Board staff not later than five working days before the hearing.
I.
Any document available under the Open Records Act shall be made available to the respondent upon request. A continuance for the hearing may be granted provided the respondent demonstrates good cause.
J.
At the appointed time, the chair shall convene the certification hearing. The chair or the vice chair shall be the presiding officer and control the course of the hearing. The Board itself shall constitute the hearing panel. 1.
The proceedings of the hearing shall be recorded electronically, and a record made by a qualified court reporter.
2.
The Board shall consider all oral and written material presented at the hearing.
3.
The Board Attorney shall begin by putting information into the record including: a.
The fact that the respondent received notice of hearing and complaint,
b.
The fact that the respondent has applied for certification or has been certified by the board.
c.
The fact that the respondent was advised of his right to have counsel present, to be heard, present evidence, witnesses and question any adverse witnesses.
4.
The Board Attorney shall have the court reporter administer an oath to all those present who desire to speak on record.
5.
The hearing shall proceed with the board’s representatives presenting their evidence and/or witnesses. The respondent may cross examine any witness. At the conclusion of the board’s presentation, the respondent will then be given an opportunity to present evidence or witnesses. The board’s representative may cross examine any witness. The Board Members may ask any questions they have of any witness during the hearing.
6.
At the conclusion of all presentations and arguments, the Board may vote to enter executive session to deliberate their findings and conclusions. The final vote shall be recorded for the record. During the executive session, members may request the director, other staff or witnesses to provide assistance or to review previous information on the record.
21
7.
During deliberations the Board shall first consider the factual charges against the officer/individual and determine if the information presented supports the charges. If the Board finds that one or more of the charges are supported, then the Board shall consider the appropriate sanction.
8.
The Board action shall be reduced to writing and entered into the written record of the proceedings. This record shall report the Board's findings of fact relative to each charge and the certification sanction by the Board.
K. The director shall notify the employing agency and the officer/individual in writing of the Board's decision. If the Board suspended or recalled the certificate, the notification shall advise the employer that no person shall serve as a law enforcement officer during a period when that person's certificate has been suspended, canceled or recalled in accordance with Mississippi Code Annotated, § 45-6-11 (3). L. An officer/individual aggrieved by the findings and order of the Board may file an appeal with the chancery court of the county in which the officer was employed. The officer/individual must submit written notice of the appeal and the appropriate venue to the Board within thirty days after the date of the Board's final order. Source: Miss Code Ann. § 45-6-7, 45-6-11
22
Rule 4.4 Law Enforcement Code of Ethics 1.
This document is the recognized Code of Ethics for Law Enforcement agencies.
Law Enforcement Code of Ethics As a law enforcement officer, my fundamental duty is to serve mankind; 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 men to liberty, equality and justice.
I will keep my private life unsullied as an example to all; 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 in both my personal and official life, I will be exemplary in obeying the laws of the land 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, 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 constantly strive to achieve these objectives and ideals, dedicating myself before God to my chosen profession...Law Enforcement.
History - Adopted - 10/1989; rev - 10/1991, 04/1997 01/1998, 11/2003, 09/2009 and 08/2020
Source: Miss Code Ann. § 45-6-7, 45-6-11
Part 301 Chapter 5: Compliance Monitoring and Noncompliance Rule 5.1 Purpose
23
1.
This section establishes the policy and procedures for compliance monitoring and for addressing any instances of noncompliance that may come to the Board's attention.
Source: Miss Code Ann. § 45-6-7 Rule 5.2 Policy 1.
The intent of the Legislature in enacting the Law Enforcement Officers Training Program (LEOTP) was clearly to establish standards for the selection and training of law enforcement officers as soon as possible upon beginning the officer's career. This action was for the benefit of all the people of the state in that trained officers could better meet the needs of a complex society. Due to that very complex nature of today's society, coupled with the everincreasing demands for the services of the law enforcement professional, the need for competent, capable and credible officers has never been greater. The issue of competence has become a hotly debated topic in the nation's courts as the incidence of litigation against law enforcement officers for negligence continues to rise unabated. To further exacerbate matters, law enforcement agencies, towns, cities, counties and even state levels of government are being named by litigants for negligence and violation of civil rights. Simply stated, the potential penalty for failure to do the right thing at the right time is so great that the state and local governments cannot afford to ignore the risks. In a large measure, training and standards reduce the risk potential for failure on the part of law enforcement officers. The Board's policy is to ensure that the established standards are enforced to the maximum extent practically possible and that officers receive needed training throughout their careers. As a part of ensuring that standards are met, the Board will strive to encourage agencies and officers to achieve compliance by utilizing every asset and resource available to the Board.
Source: Miss Code Ann. § 45-6-7 Rule 5.3 Procedures 1.
The primary tools the Board will use in compliance monitoring are the various forms discussed in the section of this manual concerning “Official Certification Forms”. These forms provide the Board information upon which to base decisions as to the eligibility of an applicant to become a law enforcement officer and the level of training required to meet or exceed the mandated requirement. The Board will use other sources of information as necessary to determine who is serving as a law enforcement officer and whether or not the individual is certified and thereby authorized to serve. A. Compliance shall be evaluated on both an individual and organizational basis. 1.
The individual must supply information to the Board through his employer. The employer must conduct a background investigation to verify the Board certification specifics (see the “Law Enforcement Application for Certification and Background Investigation Review” form Parts II and III). This information will be reviewed by the staff to determine eligibility and training. Random checks of the information will be conducted to obtain independent verification. Once the review 24
is completed, the Board will inform the individual on the type of training required to obtain certification. The individual will have achieved compliance only after successful completion of the training and the Board's formal action of certification. Individuals must obtain certification within one year for full-time status and two years for part-time status after their date of hire. 2.
Law enforcement agencies must establish policy that ensures only authorized (certified) officers perform duties as full-time or part-time (including reserve and/ or auxiliary) law enforcement officers. In addition to this policy, the agencies must provide requested information to the Board on a timely basis. The probationary period should prove to be ample time to achieve certification for any officer. Delays in submitting required paperwork and procrastinating in completing required training can easily result in noncompliance. No provisions are provided to waive, excuse or nullify the requirement to achieve certification within the probationary period. Agencies who have officers who cannot achieve certification within the established time limit must reassign the affected individuals to other duties or terminate their employment.
B. The Board staff will make every reasonable effort to assist agencies in achieving compliance. The staff, the Board and the Law Enforcement Officers Training Program (LEOTP) exist to serve the needs of the law enforcement community. Hopefully, a spirit of understanding and cooperation will prevail in order that the law enforcement profession will continue to advance and obtain the recognition so richly deserved. The Board will strive to keep lines of communication open and provide assistance in overcoming problems with the certification process before the probation period expires, thereby avoiding serious problems requiring drastic measures. 1.
The staff will attempt to contact the agency head to resolve any conflicting information or problems with compliance.
2.
The heads of related agencies such as the mayor, Board of supervisors, etc., will be contacted as needed to resolve problems.
3.
Communication with agencies shall be in writing with additional backup communication through the use of telephone and staff visits.
C. In addition to the information on compliance that the staff discovers through routine monitoring, the staff receives information from a variety of other sources, such as the media and citizen complaints. Information that indicates a potential compliance problem will be reviewed to determine if further information is required. Before taking any action on such information, the staff will attempt to verify the information with the agency head involved. D. The Board will make every effort to identify the need for compliance and assist those agencies in meeting the requirements of the LEOTP prior to the expiration of the probation period. 25
1.
If the Board discovers that a violation of the Act has been committed (i.e. an individual performs law enforcement duties in excess of one year for full-time status and two years for part-time status from their date of hire without obtaining Board certification), the Board will notify the agency head in writing of their potential liability. The Board will further notify the State Auditor that public funds may have been paid out in violation of state law. A copy of this notification will be provided to the local executive officer.
2.
In addition to the above measures, the Board will not reimburse the training costs incurred by any agency who is not in compliance with the LEOTP or the provisions of this Policy and Procedures Manual. Simply stated, the payment of an officer's salary, who performs law enforcement duties in excess of a period of one year for full-time status and two years for part-time status without obtaining certification, is prohibited. Therefore, the Board cannot reimburse any cost of salary incurred, after the expiration of the probationary period, by an officer in training, even if the agency is otherwise in compliance.
E. In the event an agency disagrees with the Board as to the certification process pertaining to their organization, the agency is encouraged to submit a request in writing to have a representative appear before the Board at the next regularly scheduled meeting. History -
Adopted - 04/1988; rev - 04/1997, 07/1998, 07/2013 and 08/2020
Source: Miss Code Ann. § 45-6-7, 45-6-11 Part 301 Chapter 6: Reimbursement of Training Costs Rule 6.1 Purpose 1.
This section establishes the policy and procedures governing the reimbursement of training costs to the law enforcement agencies governed by the Law Enforcement Officers Training Program.
Source: Miss Code Ann. § 45-6-7, 45-6-13 Rule 6.2 Policy 1.
The Law Enforcement Officers Training Program created the board for the primary purpose of developing and implementing guidelines for the selection and training of law enforcement officers. Accordingly, the legislature mandated that the board authorize, but only from such funds authorized and appropriated by the Legislature, the reimbursement to each political subdivision and to state agencies of at least fifty percent (50%) of the allowable salary and allowable tuition, living and travel expense incurred by law enforcement officers in attendance at approved training programs, provided said political subdivisions and state agencies do in fact adhere to the selection and training standards established by the board. The board shall authorize, but only from such funds authorized and appropriated by the 26
Legislature, the direct funding of a part-time law enforcement officer training program. The board shall require the payment of a reasonable tuition fee to aid in funding the costs of administering the part-time law enforcement officer training program. Note: Reimbursement is authorized only for those agencies and subdivisions of the state who are in compliance with all provisions of the Law Enforcement Officers Training Program (LEOTP) Act to include those policies and procedures established by the board pursuant to the Act. A. The priority of reimbursement funding shall be toward the development of: 1.
Basic training;
2.
Refresher/equivalency training; and
3.
In-service training programs.
B. Reimbursement shall be allowable for officers in attendance at board-approved training programs established at such agencies or institutions as the board may deem appropriate. Contact the board staff for information on available programs. C. Employers are entitled to an additional reimbursement, herein after to be known as a “transfer reimbursement”, of training expenses from other law enforcement employers should their officer leave law enforcement employment within three (3) years after the date of his employment and immediately become employed by another governmental entity in a law enforcement capacity. 1.
The “transfer reimbursement” shall be a proportionate share of the training expenses incurred. For the purposes of calculating the transfer reimbursement, transfer reimbursement expenses shall include the allowable tuition, salary and documented travel costs incurred while the officer in question was enrolled in a training course. Transfer reimbursement expenses do not include any related costs to your department such as replacement officer salaries or in-kind contributions. To determine the proportionate share of expenses incurred, total the Transfer reimbursement expenses. Subtract the monies reimbursed by the Board. Divide the remainder by 36. Multiply the product times the number of months remaining in the officer’s three-year service period [36 less the number of months the officer has served]. An example follows: Officer Jones was employed as a full-time law enforcement officer by the Sparta Police Department on November 1, 2015. He attended basic training and successfully completed basic training in March of 2016. During training he was paid at a rate of $9.00 per hour. Tuition for the basic course was $3,600.00 and the documented allowable travel expenses incurred were $817.50 [ten round-trips of 150 miles at $.545 per mile or the current rate at which state and federal employees are reimbursed for mileage]. He left full-time employment with Sparta P.D. on May 27
31, 2016. He began working as a full-time law enforcement officer with the Wabash Police Department on June 20, 2016. Salary [$9.00/hr x 480 hours (length of training)] = Tuition = $3,600.00 Allowable travel costs (1,500 miles @ $.545/mile) T = Total transfer reimbursement expenses
$4,320.00
= =
$817.50 $8,737.50
R = Reimbursement (Maximum) $3,600.00
=
S = Number of months served months
=
7
P = Statutory 3-year period of service months
=
36
Transfer Reimbursement = [(T - R)/P](P-S) = [($8,737.50 – 3,600.00)/36](36-7) = ($5,137.50/36)29 2.
= $142.71 x 29 For purposes of determining eligibility for the transfer reimbursement, immediate = $4,138.54 re-employment shall be defined as obtaining another full-time, part-time, reserve, or auxiliary law enforcement appointment within thirty days of termination and/or receipt of compensation for services, accrued personal leave or compensatory leave.
D. Agencies must meet the following requirements in order to be eligible to receive reimbursement: 1.
Agency must be an organization of the state or a political subdivision of the state;
2.
Officers attending training must be full-time, part-time, reserve, or auxiliary law enforcement officers;
3.
Agency must have adhered to the selection and training standards established by the board;
4.
All administrative requirements must have been completed pursuant to this Policy and Procedures Manual to include all forms completed in full; and
5.
Agency must have settled all accounts with the institution or academy where training was conducted. 28
E. For the duration of training, the academy or institution shall be the assigned place of duty. For the purposes of calculating the Standards and Training reimbursement, allowable costs of training are as follows: 1.
The Board will establish the allowable training costs. Training costs shall be derived from subsistence and tuition expenses. The Board will set the allowable costs for both areas and will prorate allowable costs dependent upon the subsistence and tuition received by the student.
2.
The authorized base salary of full-time, part-time, reserve, or auxiliary law enforcement officers is eligible for reimbursement for the period of enrollment in training courses. Salary shall be computed based on the gross monthly salary of the most recent full month prior to graduation. Reimbursement will only include base compensation for a standard 40 hour week. Uniform allowance or other pay benefits will not be considered for reimbursement. Reimbursement will only be authorized for salaries paid for the performance of law enforcement duties. a.
Officers who are not certified within one year for full-time status and two years for part-time status from their date of hire are not authorized to be paid a salary. Accordingly, the board will not reimburse any salaries paid under such circumstances.
3.
Allowable travel expenses shall be determined by multiplying the standard state mileage rate times the mileage for one round trip. Agencies with more than one student enrolled in a course will be expected to car pool and will receive travel for one round trip. No travel reimbursement shall be authorized for employees of state agencies who are enrolled in training programs.
4.
The board shall provide training reimbursement for required mandated training only if the training program completed satisfies the requirements. The board will designate the appropriate training program for certification purposes. If an applicant completes a course other than the designated course, the applicant will not be certified and the agency will not be reimbursed for training costs.
5.
Only successfully completed board-approved training programs are allowable. The board will not reimburse the training costs of partially completed training or failed training. If the officer fails either the academic, skill areas, firearms or fitness programs, the board will not reimburse any costs of training. Note: Evaluate your officers and correct any weaknesses before enrolling them in the training program. You should consider withdrawing your officers from training if they have difficulty in achieving course requirements for any reason at any time. Officers may return after additional preparation to attempt the course requirements.
29
6.
The priority of training reimbursement funds shall be for the completion of mandated training. Should funds become available, grand fathered officers who attend a board-approved training course may be reimbursed for training expenses. It is recommended that the agency contact the director prior to enrolling certified personnel in board-approved courses.
Source: Miss Code Ann. § 45-6-7, 45-6-13 Rule 6.3 Procedure 1.
The board staff shall review all the information available on each academy class and determine the eligibility and amount of reimbursement to each agency. A. The staff shall maintain a running balance of available funds. The estimated training demand and funds available shall be utilized to compute the reimbursement percentage. B. The students enrolled in training shall provide the academy staff either a copy of a payroll voucher or a letter documenting the base salary for the month preceding enrollment. Students who fail to provide this salary or any other requested information will not be processed for certification or reimbursement until the information is received. C. The academies shall provide the staff an official roster of students within five working days of the day the class begins. The roster shall include the name, social security number and agency of each student. Along with the roster, the academy shall also provide the staff the training packets (medical evaluation) and entry physical fitness test scores for each student enrolled. D. The academies shall notify the staff of any withdrawals or dismissals from training during the course of the program. The notification shall include whether the officer withdrew or was dismissed and the reason (i.e. - deficiency in academics, firearms, physical fitness or skill areas). If the officer was dismissed for a violation of academy rules and regulations, the academy staff must provide a written report of the investigation into the incident and the disposition of any charges. E. Once the class graduates, the academy shall prepare a graduation roster and score sheets. The graduation roster shall positively indicate that all students have met the basic course requirements. Any students who have not completed the requirements because they have been medically excused from physical activities due to injury or illness sustained while enrolled in the academy should be listed on a separate sheet. Once the student completes the requirements, the academy shall notify the staff in writing. This notification must be received prior to any further certification processing or reimbursement. F.
The staff will determine the amount of the reimbursement based on the total of: boardapproved training costs, the applicant's documented base monthly salary, and round trip 30
mileage from the agency to the academy. This total shall then be multiplied by the reimbursement percentage factor to determine the dollar amount of the reimbursement. Eligibility will be determined by presence of all required forms, information, photographs and compliance with the Act. G. After determining eligibility and amount of reimbursement, the board staff shall complete a “Claim for Reimbursement” form and submit the form to the agency head for review. The form shall contain the name and other personal data of the trainee, course attended, tuition, salary and travel costs. The agency head shall review the form, sign and return the form within five working days of receipt. Any discrepancies or misinformation on the form should be annotated and corrected, and the form should be returned unsigned. The staff shall correct the form and return it to the agency. It is imperative that this form be processed without delay as it is the basis for any funds the agency receives. H. The staff will submit the “Claim for Reimbursement” to the Department of Finance and Administration for payment after the board members approve the graduates for certification. The board will maintain a copy of the claims and the warrants of payment in the board files. I.
Agencies should receive payment within forty-five days of receipt of the graduate's Professional Certificate. Normally the certificates are mailed the same date the claims are submitted for payment. If the payment is not received in forty-five days, notify the board staff in writing.
History Adopted - 07/1981; rev - 04/1988, 10/1991, 09/1993, 04/1997, 07/1998, 03/2007, 09/2008, 07/2013, and 09/2018 Source: Miss Code Ann. § 45-6-7, 45-6-13
Part 301 Chapter 7: Standards for the Successful Completion of Law Enforcement Training Rule 7.l Purpose 1.
This section establishes policy and procedures governing the standards to be used by accredited training academies in determining what constitutes successful completion of the Basic Law Enforcement Training Program. Source: Miss Code Ann. § 45-6-7 Rule 7.2 Policy 1.
The Board approved Basic Law Enforcement Training Course shall include classroom activity, fitness training and hands-on skill certification. A. Standards for successful completion of the course are as follows: 31
1.
An academic average score of seventy percent (70%),
2.
Physical fitness average score of seventy percent (70%),
3.
Firearms qualifying score of seventy-five percent (75%),
4.
Defensive driving average score of eighty percent (80%),
5.
Defensive tactics average score of eighty percent (80%), plus a Pass/Fail Practical Examination.
6.
And financial obligations paid in full by self-sponsored cadets.
B. Failure to meet these standards will render the student ineligible for certification as a law enforcement officer until the deficiency has been corrected. Students shall adhere to all academy rules and regulations throughout the training program. A serious breach of rules or other unacceptable conduct may result in dismissal from the training program. C. The Board has established performance objectives and a curriculum. Class schedules, planned instructors and any new instructor applications are to be submitted to the staff within ten working days to the beginning of the course. Any deviations from the curriculum must be reviewed by the staff and approved by the board. Curriculums that have prerequisites must be presented in the proper order. Any schedule changes must be reported in writing to the Board at the earliest opportunity (fax or e-mail), documented and maintained with the records of that course. A final schedule as amended with changes will be submitted with the final class roster and other end of course documents. 1.
Limited administrative time is provided in the schedule for testing and other needs. Any activity or presentation that is not directly related to the established curriculum or the bona fide business of the academy is prohibited. This specifically precludes any extemporaneous sales presentations for products or services, association membership drives, political speeches or other presentations from groups, associations or individuals. While the students by nature form a convenient captive audience, their time is accounted for in the curriculum and nothing shall be added without prior approval. Academies may establish policy and allow presentations during scheduled free time provided that students clearly understand that their participation is voluntary.
2.
Student activities, work assignments or details shall be limited to those activities included and approved in the curriculum and those activities directly related to health, welfare and personal hygiene. Additional work assignments or details that are not related to training are prohibited. This specifically precludes using students in security or law enforcement details to augment a law enforcement agency, to provide facilities maintenance and repair beyond that required for health and welfare, grounds keeping and errands. 32
D. Participation in remedial training shall be documented and maintained as a part of the student record. No remediation shall take away from regularly scheduled training. Participation in remedial training shall be voluntary. Source: Miss Code Ann. § 45-6-7 Rule 7.3 Procedures 1.
This section establishes procedures governing the standards to be used by accredited training academies. A. Admission/enrollment procedure 1.
Each academy shall develop an admittance and enrollment procedure. This procedure must ensure that only those applicants who are of good moral character meeting Board standards and are physically and mentally fit are admitted to the academy.
2.
The academy may also include other qualifications for admittance to the training program consistent with the LEOTP and law.
3.
The academy shall provide the Board staff a preliminary roster (to include standby personnel) not later than 10 working days prior to the class start date. The Board staff will screen the list for LEOTP requirements. If any candidate does not meet the requirements, the Board staff will contact the agency and the academy to resolve the conflict.
4.
The academy shall provide the Board staff an updated entrance roster (if applicable), the student’s graded entrance fitness score sheet, and the original completed training packets not later than five working days after the class report date. The candidate’s NCIC report, certificate of high school/GED completion and verification of First Aid/CPR certification must be attached. All conflicts or missing information in these packets must be resolved. If any candidate does not meet the requirements, the Board staff will contact the agency and the academy to resolve the conflict.
5.
Any law enforcement officer who is refused admittance to the academy will be given an impartial hearing at the academy. If the officer is aggrieved of this hearing, they may request a hearing before the Board as per established procedure for revocation/refusal to certify.
Any student who is dismissed or voluntarily withdraws from an academy may be eligible for re-admittance to training as set forth in the procedures section Chapter 33
7, Rule 7.3, Section 1, Subsection A above. Once a student begins training within an academy, that academy becomes the academy of record. Students must complete their training within their academy of record to obtain certification. In most cases, students shall not be readmitted to any academy other than the academy of record from which the student withdrew. 2.
Academy directors may grant a training release provided that the academy of record cannot accommodate the student within the probationary period. Directors may release students who withdraw from their academy of record due to a documented medical problem, death in the immediate family, mandated service in a state or national emergency or other compelling reason as determined by the academy director. The director shall provide a copy of the written release to the board staff and to the student.
C. Academic students must achieve a final academic score of seventy percent (70%) to successfully complete the basic course. 1.
The academies shall develop a test plan to evaluate the student's retention of knowledge through the administration of appropriate examinations. The test plan must be a part of the academy rules and regulations which are submitted to the Board. Academic standing must be computed on a weekly basis in order to provide timely feedback to the student. The exams may be written, hands-on, or a combination of the two types. The academy shall establish, in the plan, individual test weights, a student ranking system and a policy on final examinations. The plan must ensure re-dress of missed questions and/or incorrect procedures for each student. The academy shall maintain a sample in the academy files of each test administered during the course.
2.
For the purpose of figuring academic standing, the student will be examined a minimum of once a week. The academy staff will use this cumulative average to identify students who are experiencing difficulty. Those students having an academic average below 70% should be given assistance in the form of counseling by staff members, enforced study time, involvement in a student study group, extra help sessions with instructors and the like. All of this effort will be directed toward making the student academically self-sufficient as early as possible in the training program.
3.
Any student who fails to achieve a final academic average of 70% will not be allowed to graduate from basic training. Any student who appears to be failing academically, as evidenced by an average below 70% at any time after the second week of training, will be placed on academic probation.
4.
Academic probation will operate as follows, depending upon when the student's average drops below 70%. a.
During the first four weeks of training 34
1.
The student will be placed on academic probation for two weeks. Students and their department head will be informed of the problem.
2.
If the student's average remains below 70% during those two weeks of probation, the student will normally be dismissed from training, except as provided in Chapter 7, Rule 7.3, Section 1, Subsection (c), Paragraph 4, and Subparagraph (a), Clause (3) below.
3.
The student who has failed to successfully remedy the academic insufficiency during probation will be allowed to stay in training only if:
b.
a.
Substantial progress has been made in bringing the average near 70%;
b.
It appears reasonable that the student may succeed academically if given additional time to conform to the academic standard; and
c.
The department head specifically requests that the student be allowed to continue to train.
After the first four weeks of training 1.
The student will be placed on academic probation for one week if the department head agrees to allow the student to continue to train.
2.
The student who corrects the deficiency within one week will be allowed to continue to train. The student who fails to bring this average above 70% will be subject to dismissal except as provided in Chapter 7, Rule 7.3, Section 1, Subsection (c), Paragraph 4, and Subparagraph (a), Clause (3) above.
5.
Students who are dismissed from an academy for academic reasons may re- enroll in the next available class presented by the original academy.
D.
Scoring Procedures
1.
All events shall be scored under supervision of the academy staff using proscribed procedure.
2.
Students shall be given feedback on their performance for every graded event. Missed or incorrect answers shall be covered with each student.
3.
All scores shall be reported to the Board rounded to the nearest whole number. Fractions of one-half or more shall be rounded up to the next nearest whole
35
number. For example, 78.5 would be reported as 79 and 78.4 would be reported as 78. 4.
Students shall appeal a score to the assigned instructor. Further appeal shall be before an impartial review board established by the academy.
E.
Firearms
1.
Students must achieve a final score of seventy-five percent (75%) on the approved courses of fire to successfully complete the basic course. The passing score of the approved course of fire shall be averaged with other scores recorded during firearms training to determine the students overall score. A final average score of seventy-five percent (75%) must be achieved to successfully complete the basic course. Any student who fails to achieve a passing score on the first attempt shall be given remedial training and not more than five attempts at passing firearms. Although there are numerous opportunities to practice this critical skill at the academy during the scheduled firearms training, agencies should diagnose each candidate's marksmanship ability prior to attendance at the basic course. Candidates who have difficulty achieving acceptable scores should seek additional practice/instruction prior to arrival in the basic course.
2.
Emphasis will be placed on the principles of handgun and shotgun shooting and firearm safety.
F.
Board Approved Firearms Qualification Course
1.
The weapon is a duty revolver or semi-automatic pistol. See Section (C) of Chapter 10 for the approved target list and scoring procedure. This is a 50 round course using duty ammunition or equivalent. The start position is loaded handgun in secured holster. All firing is two-handed standing unless noted otherwise. The initial loading procedure for semi-automatic handguns is to load with full magazine, magazine number two loaded with 5 rounds and all other magazines loaded to capacity. The initial loading procedure for revolvers is to load with 6 rounds. All speed loaders, speed strips, ammunition pouches, or loops loaded to capacity. All reloading must be from secured ammunition pouch. No reloading commands will be given. Ammunition management is the responsibility of the shooter after Stage II. Shooter is responsible for speed reloading or tactical reloading in order to maintain a loaded handgun. Running out of ammunition during a stage is not a valid excuse. Rounds not fired are scored as misses. a.
STAGE 1 3 Yard Line, on command, draw and fire 2 rounds weapon hand only in 3 seconds. On completion of time, scan and holster. Repeat two additional times. Total of 6 rounds. Note: After Stage 1, weapon will be loaded with 6 rounds only. Semi-autos will be loaded with the 5 round magazine. 36
b.
STAGE 2 5 Yard Line, on command, draw and fire 6 rounds weapon hand only and reload in 14 seconds. (Mandatory speed reload). On completion of time, scan and holster. Total of 6 rounds.
c.
STAGE 3 5 Yard Line, on command, shooter will draw and transfer handgun to support hand and remain at the ready position for the next string. On command, fire 6 rounds support hand only in 6 seconds. On completion of time, scan and holster. Total of 6 rounds.
d.
STAGE 4 5 Yard Line, on command, draw and fire 2 rounds center mass and 1 round within the head in 4 seconds. On completion of time, scan and holster. Repeat one additional time. Total of 6 rounds.
e.
STAGE 5 7 Yard Line, on command, draw and fire 2 rounds in 3 seconds. On completion of time, scan and holster. Repeat two additional times. Total of 6 rounds.
f.
STAGE 6 15 Yard Line, on command, draw and fire 3 rounds standing, drop to a kneeling position and fire 3 additional rounds in 12 seconds. On Completion of time, scan, stand, scan and holster. Repeat one additional time. Total of 12 rounds.
g.
STAGE 7 25 Yard Line, if range has barricades, they will be used as simulated cover for this stage. Barricades may not be used for support. On command, draw and fire 4 rounds standing and 4 rounds kneeling in 45 seconds. On completion of time, scan and holster. Total of 8 rounds.
G.
Physical Activities
1.
Immediately following academy registration activities, all students will participate in a physical fitness evaluation. Each student must demonstrate an acceptable level of fitness, fifty percent (50%) in each event, to remain in the program. This fitness evaluation at the outset of the training program will ensure that all students have a suitable level of fitness to participate in all the physical activities in the training program, reduce injuries and optimize successful completion of the fitness program.
2.
The academy shall conduct physical fitness training at regular intervals (i.e. alternating sessions) during the course. Students are expected to perform at the pace set by the conditioning instructor. Performance of students shall be monitored and students who are not able to meet the pace will be given counseling and extra conditioning periods. The academy shall designate the time and location where individuals enrolled in the program shall conduct additional fitness training. Apathy toward the physical fitness program, as demonstrated by consistent failure to perform at the pace set by the instructor or to fail subsequent fitness tests shall be 37
considered misconduct and subject to disciplinary procedures. The student will be given two diagnostic fitness tests, one at approximately one third and the second at two thirds of the class length. The agency head must inform the academy if the student is to be allowed to continue to train. 3.
In the final week of training, the academy will administer the physical fitness test. The student must obtain a minimum score of 70% on each event in the test. The student will be given no more than three opportunities to pass the test during the last week of training.
4.
Any enrolled student who cannot complete the fitness program due to an illness, injury or other event beyond their control may submit any previous passing score (seventy percent - 70%) on either the entrance fitness evaluation or a diagnostic fitness test to fulfill the requirements of the program. To receive this credit, students must not exceed the maximum allowance of five percent (5%) for excused absences. Further, each student must satisfy the academy and board that the illness, injury or event was not caused due to willful misconduct or negligent activity. Any illness or injury must be documented by appropriate treatment records submitted by licensed health care professionals. Any student who suffers an illness or injury that would result in a permanent condition that would prevent further participation in any fitness testing must undergo a fitness for duty evaluation. The evaluation must establish that the officer is capable of performing all the essential functions of the position. The record must clearly indicate the student’s condition, illness or injury and state limitations for activity. Other events must be documented by the student’s department and submitted to the academy for a decision under this program. If a student had not successfully completed a fitness test prior to the injury or illness, the student may be retested sixty days after release from medical treatment including any periods of therapy.
H.
Conduct
1.
Every accredited training academy shall promulgate a set of written rules and regulations governing the conduct of students who are at the academy for basic training. A copy of the rules and regulations will be submitted to the Board for approval. The written rules and regulations must be given to the students at the beginning of the training class. The rules and regulations should set forth acceptable and unacceptable conduct and should describe the disciplinary action which may be imposed for violation of the rules and regulations.
2.
Student conduct which is a serious breach of the written rules and regulations may result in dismissal. However, prior to dismissal for disciplinary reasons, a student should be afforded the opportunity to have a hearing before an impartial review board. The composition of that board should be indicated in the rules and regulations along with notification of the procedure to be followed by the academy director and the accused student. The review board makes a recommendation to the academy director, whose decision is then final. 38
3.
I.
A student who has been previously dismissed from basic training for disciplinary reasons may be considered for admittance to a future training class. When readmittance is requested by a dismissed student, the academy director must consider all pertinent factors such as the reason for prior dismissal, length of time since prior dismissal, character of the offense, and any other aggravating or mitigating circumstances. The academy director's decision to deny re-admittance may be appealed to the Board by the student's department head. Skill Certification Courses
1.
In addition to firearms, the basic law enforcement curriculum contains other skill courses. A student must demonstrate proficiency in Defensive Driving and Defensive Tactics (Mechanic of Arrest). Students must score an average of eighty percent (80%) on each of the aforementioned skill areas to successfully complete the basic course. In addition, students must successfully complete (pass/fail) the Defensive Tactics Practical Exercise.
2.
Students who fail their first attempt on defensive driving shall be afforded one opportunity to retest the written portion and not more than six practice runs and three tested runs for score. Students who fail defensive tactics shall be given one additional attempt on the written or practical portions of the exam.
3.
Intoxilyzer is an additional specialized skill.
NOTE: No student is excused from any part of the basic course regardless of whether he or she is authorized to use any of the aforementioned skill areas. Successful basic course candidates are certified as professional law enforcement officers in the State of Mississippi and as such, they have a need to know these common law enforcement skills. 4. As a practical matter, every student should be able to achieve an acceptable performance level in the intoxilyzer skill area. When a student is not able to demonstrate proficiency, that student's permanent record will reflect that fact. This failure will not prevent successful completion of the basic course and certification. However, the academy will notify the student's agency head of the insufficiency so that the student might seek additional training in that particular skill. Agencies should carefully consider an officer's lack of expertise in a given skill prior to assignment of any responsibilities in that area. J.
Additional Testing - Any student who should fail firearms, defensive tactics, defensive driving, or physical fitness will be given an opportunity to complete the rest of the course. However, no student shall be given credit for successful completion of the course until any and all failures have been corrected. No student, upon failure of the aforementioned areas, shall be permitted to perform any law
39
enforcement duty in any full-time, part-time, reserve/auxiliary basis until that failure has been corrected. 1.
Students shall be given two (2) opportunities, within three (3) months after the completion of the academy, to correct any deficiencies. The deficiency must be corrected at the academy in which the student was enrolled. Should any student fail to correct a deficiency within the three (3) month period the student will be required to repeat the entire course. Students must achieve a passing score in each event included in the test to successfully complete the test. The academy must submit the results of the test to the Board within five (5) working days from the date(s) of the test.
2.
The academy director shall provide reasonable opportunity to correct any deficiency however any such opportunity shall be at the director’s election as to time and place. Further, no student shall be allowed further attempts to correct a deficiency without documentation of remedial training. Such documentation shall be signed by the department head or supervisory personnel and the content shall be reviewed by the academy director for adequate scope and content of the remedial training.
3.
The academy director shall charge a reasonable fee for each opportunity given for re-tests to recoup their administrative costs associated with the management and retesting of applicants. No retesting fees shall be authorized for reimbursement under the LEOTP nor shall any reimbursement be made for failed training.
K. Every student who successfully completes the training program will receive a certificate, signed by the academy director and other appropriate officials, which evidences successful completion of the academy. L. Within ten (10) working days of the completion of the class, the academy must send a copy of the certificate, the student’s final grades, and the final graded fitness score sheet to their department and to the Board. The final roster of students completing the class and their class ranking, written documentation of any student failure, dismissal, or withdrawal with reason from the academy must be submitted to the Board within ten (10 working days after completion of the class. History - adopted - 07/1981; rev – 04/1988, 10/1990, 11/1993, 01/1995, 11,1995, 07/1996, 11/1997, 07/1998, 09/2000, 11/2003, 09/2004, 11/2007, 05/2009, 07/2013, 09/2015, 03/2017 and 08/2020 Part 301 Chapter 8: Physical Fitness Program Rule 8.1 Purpose 1.
This section establishes policy and procedures governing the Physical Fitness Program.
40
Source: Miss Code Ann. § 45-6-7 Rule 8.2 Policy 1.
The Board requires that each law enforcement officer be able to demonstrate an acceptable level of fitness before graduation from the basic course. A. The Board recognizes that fitness can greatly mitigate the effects of stress, heart and back problems. These three problems are the leading causes of lost time in law enforcement agencies nationwide. By reducing these effects, productivity will be improved. B. Other additional areas of concern that fitness can effectively influence are self-defense, arrest and use of force techniques. Fitness increases exponentially the options available to the enforcer in a confrontational setting. The appearance of law enforcement officers is a major influencing factor in the development of a citizen's first impression. An officer who appears to be profoundly unfit would make a poor first impression and diminish the public's trust in the institution. The officer's confidence and appearance are improved as fitness levels improve, thereby adding greatly to the officer's credibility. Confident, credible and competent officers are more effective in the performance of their duties. C. Upper body strength, agility, cardiorespiratory endurance, flexibility and body fat are five measurable characteristics of fitness. The officer's body fat percentage is evaluated as a part of the medical examination required prior to attendance at the training academy. The Board has adopted a fitness test that measures each of the following areas: upper body strength - through push-ups; agility - through a timed agility run; and cardiovascular endurance - through a 1½ mile run. The minimum acceptable score for this test is 70% for each event. The test has been age and gender adjusted to ensure that the scoring reflects the average for the general population of each group. Note: The passing score represents the average ability of the total population for each age and gender group, therefore an officer need only possess average fitness abilities to pass the test. D. Following academy registration activities, the first physical fitness test shall be administered. To remain in the program, each candidate must demonstrate an acceptable level of fitness by achieving a score of not less than 50% on each event. Requiring students to achieve a 50% score at the beginning of the training program optimizes the chance that every student will achieve 70% by the end of the program. Further, insuring that all students begin the program at an acceptable level of fitness will diminish the incidence of injuries.
Source: Miss Code Ann. § 45-6-7 Rule 8.3 Procedures 41
1.
The fitness program is a part of the probationary period activities which lead to the eventual professional certification of the law enforcement officer. A. The program actually begins upon the officer's date of hire. Officers must be deemed physically fit to satisfactorily meet the employment guidelines (See “Law Enforcement Officer Applicant Evaluation, Employment and Certification Procedures”). The “Law Enforcement Basic Training Packet” contains a medical evaluation section which should be utilized as an employment physical evaluation. This section provides the candidate, agency head and academy director information on the candidate's potential to successfully pass the fitness test and more importantly, successfully perform all the duties of a law enforcement officer. B. The packet contains a list of enforcement duties and a sample of the minimum activity required to pass the fitness test. A copy is normally included as a part of the academy registration packet. 1.
The agency head and candidate must be aware of the requirements. Agencies are encouraged to administer the fitness test events to their prospective employees to provide additional information on the individual's fitness ability.
2.
The agency head must also ensure that the physician who conducts the physical examination is aware of the physical fitness conditioning requirements of the basic course, the duties and working conditions of law enforcement officers.
3.
The agency head must ensure that candidates consult their physician and begin any needed exercise and/or diet plan in ample time prior to reporting to the academy. The fitness program will markedly improve fitness levels, but cannot overcome individuals who are profoundly unfit.
C. Each Academy Director is ultimately responsible for the safety and welfare of the law enforcement officers given over to their care while enrolled in a training program. The training packet contains key information which the Director must consider in the decision process as to whether an individual can safely participate in training. The Director may delegate the authority to some other qualified academy official to review the applications and enroll students, but the responsibility for the same cannot be delegated. 1.
The academy director (or designee) shall evaluate each application prior to admittance to the academy as follows: a.
Memorandum - This sheet is intended to be read by the applicant, physician and the applicant’s agency head. This sheet may be discarded upon receipt of a completed training packet.
42
b.
Information for the Physician - These sheets contain information for the physician about the duties and working conditions of law enforcement officers. In addition to these duties, page iii provides a description of the physical fitness conditioning program and the requirements for successful completion of the training program. This sheet may also be discarded upon receipt of a completed training packet.
c.
Medical Examination Report - This section of the training packet consists of three parts. The first part includes the “Health Questionnaire” to be completed by the law enforcement applicant. The second part contains the “Physical Fitness Examination” to be completed by the attending physician. All items in the physical examination section must be marked, and the EKG results must be noted. The “Physician’s Affidavit” must be completed by printing in ink or typing the physician’s name and by having the physician sign and date the affidavit in the appropriate spaces. 1.
Health Questionnaire (pages 1 and 2) - This section must be completed by the applicant. All required entries/spaces must have a response, missing entries will result in rejection of the packet. Any question numbered 1 through 56 answered “yes” must have an explanation to include a list of the physicians consulted.
2.
Physical Fitness Examination (pages 3 through 5) - This part of the training packet is to be completed by the attending physician. All appropriate spaces must be marked. The reviewer of the form shall check that: a.
Height/Weight has been annotated and the doctor has marked either satisfactory or excessive/deficient. If the applicant's weight exceeds the threshold weight values to the degree that a reasonable person should know to a moral certainty that the officer's performance/safety would be adversely affected, the condition must be corrected before admittance.
b.
Questions one (1) through fifteen (15) are marked. It should be clear that the officer has no abnormality or other
problem that would adversely affect performance and/or safety. If the doctor states that the individual is able to perform law enforcement duties with some exception or qualifier, the condition must be rectified in writing before the applicant may be admitted. 43
c.
Physician’s Affidavit (page 5) this section must have the physician’s name printed in ink or typed, his/her signature and the date the examination was given. The date of the examination must coincide within one month of the applicant’s date of signature under the applicant’s affidavit and liability waiver and must be within six months of the start of training.
d.
Salary Information (page 6) - This page contains a brief explanation of policy on the reimbursement of training expenses. Check to ensure that the form is either completed or that documentation of the officer's salary is attached. Attach proof of high school diploma/GED and NCIC report to this page also.
e.
Law Enforcement Agency’s Affidavit (page 7) - This section must be signed by the head of the agency/department or someone with authority to sign in his/her name. The signee’s name must be printed in ink or typed, and the affidavit must be signed and dated in the appropriate spaces.
f.
Applicant’s Affidavit & Injury Liability Waiver (page 7) - This section must be read and signed by the applicant trainee. The applicant must have signed and dated the affidavit and liability waiver in the appropriate spaces.
g.
Application for Training/Personal Information Summary (page 8) This sheet contains administrative information of use to the academies and to the Board. Check to ensure all items have been completed or marked N/A (not applicable) and that all dates requested are entered. The page has space provided to attach a photograph of the applicant for identification purposes. Although a professional photograph is not required, the applicant's photograph must be a recent picture of such clarity and finish as to allow immediate identification of the applicant.
3.
If the director is unsure of the applicant's ability to safely participate in the training program, the director may refer the candidate to another physician selected by the academy director. The referral shall be at the expense of the employing agency and/or applicant. After the completion of this examination, if the director decides to refuse to admit the applicant, the director shall contact the applicant in writing.
4.
The director shall provide the Board both medical examinations and a copy of the applicant's notification. The Board will evaluate the medical information, review the academy director's decision and offer the applicant a hearing to determine whether the officer meets the medical fitness requirement established in the LEOTP. In making this decision, the 44
Board may elect a medical review panel to further evaluate the candidate's fitness for duty. D. The academy director shall develop and implement a physical training program that stresses safety and optimizes the potential of students to pass the fitness test. 1.
The safety and health of candidates shall be the foremost concern of the academy director and staff. The program must be designed to gradually increase performance levels. Exercise periods should be scheduled to minimize the impact of weather extremes (particular care must be taken during summer months to avoid heatrelated injuries). Exercise periods must begin with appropriate warm-up exercises and end with cool-down activities.
2.
The academy director must develop contingency plans and procedures to ensure adequate communications, transportation and first aid coverage are provided during all phases of exercise periods. In addition to these requirements, plans for running on public streets must include appropriate visibility markings (e.g., reflective vests/tape, traffic cone flashlights, etc.) and procedures for interaction with traffic.
3.
The fitness program will be administered throughout the training cycle. Fitness training shall be conducted as a group activity no less than three times weekly. Students shall participate in all physical fitness training unless excused in writing by a medical doctor. Students are expected to perform at the pace set by the conditioning instructor. Performance of students shall be monitored and students who are not able to meet the pace will be given counseling and extra conditioning periods. The academy shall designate the time and location where individuals enrolled in the program may conduct additional fitness training.
E. Testing and evaluation of fitness shall be conducted by the administration of scheduled fitness tests. 1.
Following academy registration activities, the first physical fitness test shall be administered. Each student must demonstrate an acceptable level of fitness by achieving a score of not less than fifty percent (50%) on each event. Candidates failing to achieve this score shall be dismissed from the academy. The agency head shall be promptly notified of the student's failure to attain an acceptable fitness score.
2.
Students who fail to achieve seventy percent (70%) on each event at the scheduled fitness tests will be counseled and their agency head notified of their performance. The agency head must advise the academy of their decision to continue training for their officers. Students will be offered three attempts to pass the final fitness test. Students who fail all three attempts will not graduate from the academy. The test shall be administered as follows:
45
a.
Students shall be informed of the test date/time at least five working days in advance.
b.
The academy director shall ensure that adequate staff members are available to administer the test. The director shall ensure all safety procedures are enforced. Staff members shall observe the number of repetitions and elapsed time.
3.
Standards of Scoring Conversion - The candidate's performance on each event shall be matched with that event's standard sheet for the score. If the number of repetitions or performance of the candidate falls between values on the chart, the candidate must find an interval between the higher and lower performance that he/she received. If the performance falls in an interval lower half, the lower number is used. However, if the performance falls at half or more than half, the next whole number is selected.
4.
Event I is the “Agility Run”. The agility course consists of two parallel lines on a floor separated by thirty feet (30'). One line is designated as the “Start/Finish” line, and the other, the “End Boundary” line. Both of these lines have a twelve inch (12”) cone (traffic pylon) placed on them. In addition, two other cones are to be placed equidistant between the lines.
5.
a.
The candidate begins from a flat, prone position with hands on the “start/finish” line with his/her legs straight and feet together. When signaled to start the student arises and begins a thirty foot (30') sprint to the “end boundary” line, stops (placing at least one foot over the end line) and sprints back to the original starting line. The student immediately negotiates a left turn around the cone on the starting line, and commences to zig-zag in a figure eight fashion around the cones up to the “end boundary” line, then zig-zagging back to the “start/finish” line. Once across the student sprints straight to the “end boundary line” and returns.
b.
Each candidate is allowed two (2) attempts at the run to record his or her best time. Any mistake will result in a restart. In each of the two attempts, the candidate is allowed (2) mistakes. Upon the third mistake, no time will be recorded for that event.
c.
A candidate's score in this event will be determined by using the “Agility Run Standards” sheet.
Event II is the “Push-Up” test. The push-ups are done in a two (2) minute time period. The proper push-up position and form for the student is hands on the ground, feet together and arms fully extended. No other part of the body may touch the ground. The candidate shall commence in the exercise by placing his or her chest on the instructor's fist. If the student rests during the two (2) minutes, he or she may arch their back up or down, but must resume a proper push-up position 46
before continuing with the exercise. The instructor may inform the candidate when the time remaining reaches the one minute mark and the thirty (30) second mark.
6.
7.
a.
If any of the above rules are not followed by a candidate, the instructor will terminate the exercise and grant the previously completed number of push-ups to the candidate.
b.
A candidate's score in this event will be determined by using the “Push-Up Standards” sheet.
Event III is the “1.5 Mile Run”. Candidates will run a measured one and a half (1½) mile course. Candidates may walk during brief periods of rest. a.
The one and a half (1½) mile run may only be attempted once by each candidate.
b.
A candidate's score in this event will be determined by using the “1.5 Mile Run Standards” sheet.
Candidates must achieve a passing score in each event to successfully complete the fitness test. Failure of any one of the events would constitute failure of the entire test.
Source: Miss Code Ann. § 45-6-7 Rule 8.4 Physical Fitness Testing requirements for Law Enforcement Officers. 1.
This document describes the Agility Run Standards for Mississippi Law Enforcement officers. EVENT I - AGILITY RUN STANDARDS
EFFICIENY SCORE 100 99.50 99.00 98.50 98.00 97.50 97.00
20-29 YEARS AGILITY TIME (in seconds) Male Female 15:90 17:80 15:95 17:85 15:99 17:91 16:04 17:96 16:08 18:02 16:13 18:07 16:17 18:13
30-39 YEARS AGILITY TIME (in seconds) Male Female 16:40 18:90 16:44 18:95 16:49 19:01 16:53 19:06 16:58 19:12 16:62 19:17 16:67 19:23 47
40-50+ YEARS AGILITY TIME (in seconds) Male 17:35 17:40 17:44 17:49 17:53 17:58 17:62
Female 20:55 20:61 20:66 20:72 20:77 20:83 20:88
96.50 96.00 95.50 95.00 94.50 94.00 93.50 93.00 92.50
16:22 16:26 16:31 16:35 16:40 16:44 16:49 16:53 16:58
18:18 18:24 18:29 18:35 18:40 18:46 18:51 18:57 18:62
16:71 16:76 16:80 16:85 16:89 16:94 16:98 17:03 17:07
19:28 19:34 19:39 19:45 19:51 19:56 19:62 19:67 19:73
17:67 17:71 17:76 17:80 17:85 17:89 17:94 17:98 18:03
20:94 20:99 21:05 21:10 21:16 21:21 21:27 21:32 21:38
92.00 91.50
16:62 16:67
18:68 18:73
17:12 17:16
19:78 19:84
18:07 18:12
21:43 21:49
91.00 90.50 90.00 89.50 89.00 88.50 88.00
16:73 16:76 16:80 16:85 16:89 16:94 16:98
18:79 18:84 18:90 18:95 19:01 19:06 19:12
17:21 17:25 17:30 17:34 17:39 17:43 17:48
19:89 19:95 20:00 20:06 20:11 20:17 20:22
18:16 18:21 18:25 18:30 18:34 18:39 18:43
21:54 21:60 21:65 21:71 21:76 21:82 21:87
87.50 87.00 86.50 86.00 85.50 85.00 84.50 84.00
17:03 17:07 17:12 17:16 17:21 17:25 17:30 17:34
19:17 19:23 19:28 19:34 19:39 19:45 19:51 19:56
17:52 17:57 17:61 17:66 17:70 17:75 17:79 17:84
20:28 20:33 20:39 20:44 20:50 20:55 20:61 0:66
18:48 18:52 18:57 18:61 18:66 18:70 18:75 18:79
21:93 21:98 22:04 22:09 22:15 22:20 22:26 22:31
20-29 YEARS AGILITY TIME (in seconds) Male Female 17:39 19:62 17:43 19:67 17:48 19:73
30-39 YEARS AGILITY TIME (in seconds) Male Female 17:88 20:72 17:93 20:77 17:97 20:83 48
40-50+ YEARS AGILITY TIME (in seconds) Male 18:84 18:88 18:93
Female 22:37 22:42 22:48
2.
82.00 81.50 81.00 80.50 80.00 79.50 79.00 78.50 78.00
17:52 17:57 17:61 17:66 17:70 17:75 17:79 17:84 17:88
19:78 19:84 19:89 19:95 20:00 20:06 20:11 20:17 20:22
18:02 18:06 18:11 18:15 18:20 18:24 18:29 18:33 18:38
20:88 20:94 20:99 21:05 21:10 21:16 21:21 21:27 21:32
18:97 19:02 19:06 19:11 19:15 19:20 19:24 19:29 19:33
22:53 22:59 22:64 22:70 22:75 22:81 22:86 22:92 22:97
77.50 77.00
17:93 17:97
20:28 20:33
18:42 18:47
21:38 21:43
19:38 19:42
23:03 23:08
76.50 76.00 75.50 75.00 74.50 74.00 73.50
18:02 18:06 18:11 18:15 18:20 18:24 18:29
20:39 20:44 20:50 20:55 20:61 20:66 20:72
18:51 18:56 18:60 18:65 18:69 18:74 18:78
21:49 21:54 21:60 21:65 21:71 21:76 21:82
19:47 19:51 19:56 19:60 19:65 19:69 19:74
23:14 23:19 23:25 23:30 23:36 23:41 23:47
73.00 72.50 72.00 71.50 71.00 70.50 70.00
18:33 18:38 18:42 18:47 18:51 18:56 18:60
20:77 20:83 20:88 20:94 20:99 21:05 21:10
18:83 18:87 18:92 18:96 19:01 19:05 19:10
21:87 21:93 21:98 22:04 22:09 22:15 22:20
19:78 19:83 19:87 19:92 19:93 20:01 20:05
23:52 23:58 23:63 23:69 23:74 23:80 23:85
This document describes the Push-Up Standards for Mississippi Law Enforcement officers. EVENT II - PUSH-UP STANDARDS
# of
Repetitions
% Scores for Ages 17 - 21
% Scores for Ages 22 - 26
Male/Female Push-up Scores % % % Scores Scores Scores for for for Ages Ages Ages 27 - 31 32 - 36 37 - 41
% Scores for Ages 42 - 46
% Scores for Ages 47 - 51
% Scores for Ages 52 +
M
M
M
M
M
M
F
F
F
M 49
F
M
F
F
F
F
82 81.00 80.00 79.00 78.00 77.00 76.00 75.00 74.00 73.00 72.00 71.00 70.00 69.00 68.00 67.00 66.00 65.00 64.00 63.00 62.00 61.00 60.00 59.00 58.00 57.00 56.00 55.00 54.00 53.00 52.00 51.00 50.00 49.00 48.00 47.00 46.00 45.00 44.00 43.00 42.00 41.00 40.00 39.00
100 99.0 100 098.0 99.0 097.0 100 096.0 098.0 99.0 095.0 097.0 094.0 096.0 098.0 093.0 095.0 097.0 092.0 094.0 096.0 100 091.0 093.0 095.0 99.0 100 090.0 092.0 094.0 99.0 089.0 091.0 093.0 098.0 088.0 090.0 092.0 097.0 098.0 087.0 089.0 091.0 096.0 097.0 086.0 088.0 090.0 095.0 096.0 85.0 87.0 89.0 94.0 95.0 0 0 0 0 0 100 084.0 086.0 088.0 093.0 094.0 99.0 083.0 085.0 087.0 092.0 093.0 82.0 84.0 86.0 91.0 92.0 98.0 0 0 0 0 0 0 081.0 083.0 085.0 090.0 091.0 097.0 100 080.0 082.0 084.0 089.0 090.0 096.0 79.0 81.0 83.0 88.0 89.0 95.0 99.0 0 0 0 0 0 0 078.0 080.0 082.0 087.0 088.0 094.0 098.0 077.0 079.0 081.0 086.0 087.0 093.0 097.0 076.0 100 078.0 080.0 085.0 086.0 092.0 096.0 85.0 91.0 95.0 075.0 99.0 077.0 079.0 084.0 0 0 0 100 074.0 098.0 076.0 100 078.0 083.0 084.0 090.0 094.0 82.0 83.0 89.0 99.0 073.0 097.0 075.0 99.0 077.0 0 0 0 093.0 072.0 096.0 074.0 098.0 076.0 100 081.0 082.0 088.0 092.0 098.0 80.0 81.0 071.0 095.0 073.0 097.0 075.0 99.0 0 0 087.0 091.0 097.0 070.0 094.0 072.0 096.0 074.0 098.0 079.0 100 080.0 086.0 090.0 096.0 069.0 093.0 071.0 095.0 073.0 097.0 078.0 99.0 079.0 085.0 089.0 095.0 068.0 092.0 070.0 094.0 072.0 096.0 077.0 098.0 078.0 084.0 088.0 094.0 067.0 091.0 069.0 093.0 071.0 095.0 076.0 097.0 077.0 083.0 087.0 093.0 66.0 90.0 68.0 92.0 70.0 94.0 75.0 96.0 76.0 100 82.0 86.0 92.0 0 0 0 0 0 0 0 0 0 0 0 0 065.0 089.0 067.0 091.0 069.0 093.0 074.0 095.0 075.0 99.0 081.0 085.0 091.0 064.0 088.0 066.0 090.0 068.0 092.0 073.0 094.0 074.0 098.0 080.0 084.0 090.0 63.0 87.0 65.0 89.0 67.0 91.0 72.0 93.0 73.0 97.0 79.0 100 83.0 89.0 0 0 0 0 0 0 0 0 0 0 0 0 0 062.0 086.0 064.0 088.0 066.0 090.0 071.0 092.0 072.0 096.0 078.0 99.0 082.0 088.0 061.0 085.0 063.0 087.0 065.0 089.0 070.0 091.0 071.0 095.0 077.0 098.0 081.0 087.0 60.0 84.0 62.0 86.0 64.0 88.0 69.0 90.0 70.0 94.0 76.0 97.0 80.0 86.0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 059.0 083.0 061.0 085.0 063.0 087.0 068.0 089.0 069.0 093.0 075.0 096.0 079.0 100 085.0 88.0 068.0 092.0 074.0 095.0 078.0 99.0 084.0 100 058.0 082.0 060.0 084.0 062.0 086.0 067.0 0 057.0 081.0 059.0 083.0 061.0 085.0 066.0 087.0 067.0 091.0 073.0 094.0 077.0 098.0 083.0 99.0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 EVENT II - PUSH-UP STANDARDS
50
# of
Repetitions
38.00 37.00 36.00 35.00 34.00 33.00 32.00 31.00 30.00 29.00 28.00 27.00 26.00 25.00 24.00 23.00 22.00 21.00 20.00 19.00 18.00 17.00 16.00 15.00 14.00 13.00 12.00 11.00 10.00 9.00 8.00 7.00 6.00 5.00 4.00 3.00 2.00 1.00
% Scores for Ages 17 - 21
% Scores for Ages 22 - 26
Male/Female Push-up Scores % % % Scores Scores Scores for for for Ages Ages Ages 27 - 31 32 - 36 37 - 41
% Scores for Ages 42 - 46
% Scores for Ages 47 - 51
% Scores for Ages 52 +
M
M
M
M
M
M
F
F
F
M
F
M
F
F
F
F
56.0 80.0 58.0 82.0 60.0 84.0 65.0 86.0 66.0 90.0 72.0 93.0 76.0 97.0 82.0 98.0 055.0 079.0 057.0 081.0 059.0 083.0 064.0 085.0 065.0 089.0 071.0 092.0 075.0 096.0 081.0 097.0 054.0 078.0 056.0 080.0 058.0 082.0 063.0 084.0 064.0 088.0 070.0 091.0 074.0 095.0 080.0 096.0 053.0 077.0 055.0 079.0 057.0 081.0 062.0 083.0 063.0 087.0 069.0 090.0 073.0 094.0 079.0 095.0 052.0 076.0 054.0 078.0 056.0 080.0 061.0 082.0 062.0 086.0 068.0 089.0 072.0 093.0 078.0 094.0 051.0 075.0 053.0 077.0 055.0 079.0 060.0 081.0 061.0 085.0 067.0 088.0 071.0 092.0 077.0 093.0 050.0 074.0 052.0 076.0 054.0 078.0 059.0 080.0 060.0 084.0 066.0 087.0 070.0 091.0 076.0 092.0 049.0 073.0 051.0 075.0 053.0 077.0 058.0 079.0 059.0 083.0 065.0 086.0 069.0 090.0 075.0 091.0 048.0 072.0 050.0 074.0 052.0 076.0 057.0 078.0 058.0 082.0 064.0 085.0 068.0 089.0 074.0 090.0 047.0 071.0 049.0 073.0 051.0 075.0 056.0 077.0 057.0 081.0 063.0 084.0 067.0 088.0 073.0 089.0 46.0 70.0 48.0 72.0 50.0 74.0 55.0 76.0 56.0 80.0 62.0 83.0 66.0 87.0 72.0 88.0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 045.0 069.0 047.0 071.0 049.0 073.0 054.0 075.0 055.0 079.0 061.0 082.0 065.0 086.0 071.0 087.0 044.0 068.0 046.0 070.0 048.0 072.0 053.0 074.0 054.0 078.0 060.0 081.0 064.0 085.0 070.0 086.0 43.0 67.0 45.0 69.0 47.0 71.0 52.0 73.0 53.0 77.0 59.0 80.0 63.0 84.0 69.0 85.0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 042.0 066.0 044.0 068.0 046.0 070.0 051.0 072.0 052.0 076.0 058.0 079.0 062.0 083.0 068.0 084.0 041.0 065.0 043.0 067.0 045.0 069.0 050.0 071.0 051.0 075.0 057.0 078.0 061.0 082.0 067.0 083.0 40.0 64.0 42.0 66.0 44.0 68.0 48.0 70.0 50.0 74.0 56.0 77.0 60.0 81.0 66.0 82.0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 039.0 063.0 041.0 065.0 042.0 067.0 046.0 069.0 048.0 073.0 055.0 076.0 058.0 080.0 065.0 081.0 038.0 062.0 040.0 064.0 040.0 066.0 044.0 068.0 046.0 072.0 054.0 075.0 056.0 079.0 064.0 080.0 037.0 061.0 038.0 063.0 038.0 065.0 042.0 067.0 044.0 071.0 052.0 074.0 054.0 078.0 063.0 079.0 036.0 060.0 036.0 062.0 036.0 064.0 040.0 066.0 042.0 070.0 050.0 072.0 052.0 077.0 062.0 078.0 034.0 058.0 034.0 061.0 034.0 063.0 038.0 065.0 040.0 068.0 048.0 070.0 050.0 076.0 061.0 077.0 032.0 056.0 032.0 060.0 032.0 062.0 036.0 064.0 038.0 066.0 046.0 068.0 048.0 075.0 060.0 076.0 030.0 054.0 030.0 058.0 030.0 060.0 034.0 062.0 036.0 064.0 044.0 066.0 046.0 074.0 057.0 075.0 028.0 052.0 028.0 056.0 028.0 058.0 032.0 060.0 034.0 062.0 042.0 064.0 044.0 072.0 054.0 074.0 026.0 050.0 026.0 054.0 026.0 056.0 030.0 058.0 032.0 060.0 039.0 062.0 042.0 070.0 051.0 072.0 024.0 048.0 024.0 052.0 024.0 054.0 028.0 056.0 030.0 058.0 036.0 060.0 040.0 068.0 048.0 070.0 022.0 044.0 022.0 050.0 022.0 052.0 026.0 054.0 028.0 056.0 033.0 058.0 038.0 064.0 044.0 068.0 020.0 040.0 020.0 046.0 020.0 050.0 024.0 052.0 026.0 054.0 030.0 056.0 036.0 060.0 040.0 064.0 18.0 045.0 022.0 050.0 024.0 052.0 027.0 054.0 034.0 057.0 036.0 060.0 018.0 036.0 018.0 042.0 0 016.0 032.0 016.0 038.0 016.0 040.0 020.0 045.0 022.0 050.0 024.0 052.0 032.0 054.0 032.0 056.0 014.0 028.0 014.0 034.0 014.0 035.0 018.0 040.0 020.0 044.0 021.0 050.0 028.0 051.0 028.0 052.0 12.0 24.0 12.0 30.0 12.0 30.0 16.0 35.0 18.0 38.0 18.0 43.0 24.0 48.0 24.0 46.0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 010.0 020.0 010.0 025.0 010.0 025.0 014.0 030.0 016.0 032.0 015.0 036.0 020.0 040.0 020.0 040.0 20.0 08.00 020.0 012.0 024.0 012.0 026.0 012.0 029.0 016.0 032.0 016.0 032.0 08.00 016.0 08.00 0 6.00 12.0 6.00 12.0 24.0 12.0 24.0 0 015.0 6.00 015.0 09.00 018.0 09.00 20.0 0 09.00 22.0 0 0 0 0 0 4.00 08.00 4.00 010.0 4.00 0 10.0 6.00 0 12.0 6.00 014.0 6.00 015.0 08.00 016.0 08.00 016.0 2.00 4.00 2.00 05.00 2.00 05.00 3.00 06.00 3.00 07.00 3.00 08.00 4.00 08.00 4.00 08.00
51
3.
This document describes the 1.5 Mile Run Standards for Mississippi Law Enforcement officers. EVENT III - 1.5 MILE RUN STANDARDS
PERCENTAG E SCORE 100 99.50 99.00 98.50 98.00 97.50 97.00 96.50 96.00 95.50 95.00 94.50 94.00 93.50 93.00 92.50 92.00 91.50 91.00 90.50 90.00 89.50 89.00 88.50 88.00 87.50 87.00 86.50 86.00 85.50 85.00
20-29 YEARS RUN TIME (in minutes) Male Female 9:00 10:48 9:05 10:55 9:11 11:02 9:17 11:08 9:22 11:14 9:28 11:20 9:33 11:27 9:38 11:34 9:44 11:40 9:50 11:47 9:55 11:53 10:01 11:59 10:07 12:06 10:12 12:13 10:17 12:19 10:23 12:26 10:28 12:32 10:34 12:38 10:40 12:45 10:40 12:52 10:50 12:58 10:56 13:05 11:01 13:11 11:07 13:18 11:13 13:24 11:18 13:31 11:23 13:37 11:29 13:44 11:35 13:50 11:40 13:57 11:45 14:03
30-39 YEARS RUN TIME (in minutes) Male Female 10:00 12:00 10:05 12:07 10:11 12:13 10:16 12:19 10:22 12:26 10:28 12:32 10:33 12:39 10/38 12:46 10:44 12:52 10:49 12:58 10:55 13:05 11:01 13:11 11:06 13:18 11:11 13:25 11:17 13:31 11:22 13:37 11:28 13:44 11:34 13:50 11:39 13:57 11:44 14:04 11:50 14:10 11:55 14:16 12:01 14:23 12:07 14:29 12:12 14:36 12:17 14:43 12:23 14:49 12:28 14:55 12:34 15:02 12:40 15:08 12:45 15:15 52
40-50+ YEARS RUN TIME (in minutes) Male Female 11:00 13:12 11:05 13:19 11:11 13:25 11:16 13:31 11:22 13:38 11:28 13:44 11:33 13:51 11:38 13:58 11:44 14:04 11:49 14:10 11:55 14:17 12:01 14:23 12:06 14:30 12:11 14:37 12:17 14:43 12:22 14:49 12:28 14:56 12:34 15:02 12:39 15:09 12:44 15:16 12:50 15:22 12:55 15:28 13:01 15:35 13:07 15:41 13:12 15:48 13:17 15:54 13:23 16:01 13:28 16:07 13:34 16:14 13:40 16:20 13:45 16:27
84.50 84.00 83.50 83.00 82.50 82.00
11:51 11:56 12:02 12:08 12:13 12:19
14:10 14:16 14:23 14:29 14:36 14:43
12:50 12:56 13:02 13:07 13:13 13:18
15:22 15:28 15:34 15:41 15:47 15:54
13:50 13:56 14:01 14:07 14:13 14:18
16:33 16:40 16:46 16:53 16:59 17:06
PERCENTAG E SCORE 81.50 81.00 80.50 80.00 79.50 79.00 78.50 78.00 77.50 77.00 76.50 76.00 75.50 75.00 74.50 74.00 73.50 73.00 72.50 72.00 71.50 71.00 70.50 70.00 History -
20-29 YEARS RUN TIME (in minutes) Male Female 12:25 14:49 12:30 14:55 12:35 15:03 12:40 15:08 12:56 15:15 12:51 15:22 12:57 15:28 13:02 15:34 13:08 15:41 13:13 15:47 13:19 15:54 13:24 16:01 13:29 16:07 13:35 16:13 13:41 16:20 13:46 16:26 13:52 16:33 13:57 16:40 14:02 16:46 14:08 16:52 14:14 16:59 14:19 17:05 14:25 17:12 14:30 17:18
30-39 YEARS RUN TIME (in minutes) Male Female 13:23 16:01 13:29 16:07 13:35 16:14 13:40 16:20 13:46 16:26 13:51 16:33 13:57 16:40 14:02 16:46 14:08 16:53 14:13 16:59 14:19 17:05 14:25 17:12 14:30 17:19 14:35 17:25 14:40 17:32 14:46 17:28 14:52 17:44 14:57 17:51 15:05 17:58 15:08 18:04 15:13 18:11 15:19 18:17 15:25 18:23 15:30 18:30
40-50+ YEARS RUN TIME (in minutes) Male Female 14:23 17:12 14:29 17:19 14:34 17:25 14:40 17:32 14:45 17:38 14:51 17:44 14:56 17:51 15:02 17:58 15:07 18:04 15:13 18:11 15:18 18:17 15:24 18:23 15:29 18:30 15:35 18:37 15:40 18:44 15:46 18:50 15:52 18:56 15:57 19:03 16:02 19:10 16:08 19:16 16:13 19:23 16:19 19:29 16:25 19:35 16:30 19:42
Adopted - 01/1987; rev - 12/1993, 01/1995, 01/1996, 09/2004 and 03/2015 53
Source: Miss Code Ann. § 45-6-7
Part 301 Chapter 9: Certification Based on Equivalency of Training and Refresher Training Rule 9.1 Purpose 1.
This section establishes policy and procedures governing the certification of law enforcement officers’ procedures to review the record of those officers whose certification has lapsed and those officers who have training and experience in another jurisdiction (i.e., federal service). The Board will establish procedures to verify such applicants can demonstrate an adequate degree of knowledge, skills and abilities to perform the essential functions of the job.
Source: Miss Code Ann. § 45-6-7 Rule 9.2 Policy 1.
The Board shall evaluate each applicant's documented record of experience, education and training. The accomplishments in each area shall be weighed to compare the applicant's credentials with the current standards for professional certification. A. The certification status of any law enforcement officer shall lapse after a break in service of more than two years. Time of Service will be determined by official Board records (applications, rosters). 1.
Officers, certified in this state, who have had basic as in Chapter 9, Rule 9.2, Subsection-C and meet the employment guidelines, with a break in service of more than two (2) years, are required to complete the hands-on skill tests and law courses of the refresher course and provide verification of First Aid/CPR certification to restore their certification. The skill tests and law courses must be completed within one year for full-time status and two years for part-time status of their date of hire. The skill tests must be conducted by a certified instructor or at a Board accredited academy. The law courses must be conducted at a Board accredited academy.
2.
Officers, certified in this state, who have had basic as in Chapter 9, Rule 9.2, Subsection-C and meet the employment guidelines with a break in service of five (5) years or more are required to complete the refresher course and provide verification of First Aid/CPR certification to restore their certification. The refresher course must be conducted at a Board accredited academy within one year for full-time status and two years for part-time status of their date of hire.
B. All transfer applicants from another state jurisdiction that meet the employment guidelines applying for certification under Equivalency of Training must have 54
completed training and the required on the job training as defined in Chapter-9, Rule 9.2, Subsection-C. Applicants who were excluded or "grand-fathered" under the provisions of another state are not eligible for any exclusion in Mississippi. All individuals applying for certification under this chapter from federal jurisdictions must have completed a law enforcement training program as defined in Chapter-9, Rule 9.2, and Subsection-C. Transfer applicants are required to complete the refresher course and provide verification of First Aid/CPR certification to receive certification. The refresher course must be conducted at a Board accredited academy within one year for full-time status and two years for part-time status of their date of hire. C. Officers must have successfully completed an acceptable basic law enforcement training course to be eligible for certification based on equivalency of training. Officers who have not met this requirement must complete the basic course to obtain certification. 1.
An acceptable basic law enforcement training course shall be defined as: a.
One that meets an approved state standard for mandated training which leads to certification as a law enforcement officer. In addition to having completed a state approved basic course, officers whose total basic course hours are below the hours of the Mississippi curriculum, must also have completed on the job training consisting of at least six months of full-time law enforcement experience in the same jurisdiction wherein the training was completed;
b.
A basic course, equivalent to the Mississippi curriculum, sponsored by a federal agency for its law enforcement officer;
2. In situations where the course predated state statutory requirements for law enforcement training or the course was administered by a federal jurisdiction, the course curriculum will be compared to the Mississippi curriculum. Basic law enforcement training courses which were conducted by the former Mississippi Game and Fish Commission or the Mississippi Bureau of Narcotics prior to the enactment of the Law Enforcement Officer Training Program shall be acceptable for purposes of granting equivalency. 3. The Board staff will review the actual basic course completed. Courses will be compared to the curriculum offered during the same period in this state. In addition to the courses listed, the staff will review the standards for successful graduation, the duration of the course and the training delivery method. The course must equal or exceed our existing standards to be considered an acceptable course. 4. Acceptable courses include written and hands-on examinations. Candidates must have passed all course requirements or achieved a minimum score of seventy percent (70%), whichever is higher.
55
D. Any officer, certified in this state, whose break in service was due to service in a closely related criminal justice position may restore their certification by completing the handson skill tests and law courses of the refresher course. Once an officer has been deemed eligible for the skill tests and law courses, the department head will be notified by the Board. 1.
2.
Applicants must have: completed the basic course as in Chapter-9, Rule 9.2, Subsection-C above, met the current employment guidelines and completed each of the hands-on skill tests and law courses and provide verification of First Aid/CPR certification within one year for full-time status and two years for part-time status of their date of hire. The skill tests must be conducted by a certified instructor or at a Board accredited academy. The law courses must be conducted at a Board accredited academy. Academies and instructors must review the Board’s notice that the student is eligible for the skill tests and law courses. The skill tests are: a.
Firearms,
b.
Defensive Driving and
c.
Mechanics of Arrest
Applicants must have served in a full-time capacity in one of the following positions (or other position as approved by the Board): a.
As an instructor in a Board-approved academy, instructor or student in criminal justice (or related subject area) at an institution of higher learning,
b.
Or as an investigator for a district attorney, or investigator for a state level agency responsible for enforcing criminal statutes,
3. Applicants must have served in a part-time law enforcement position in this state.
E. Any officer, certified in this state, whose break in service was due to serving as a law enforcement officer in another state or federal jurisdiction may restore their certification. Eligible officers need only complete the hands-on skill tests and law courses of the refresher course and provide verification of First Aid/CPR certification within one year for full-time status and two years for part-time status of their date of hire. The skill tests must be conducted by a certified instructor or at a Board accredited academy. The law courses must be conducted at a Board accredited academy 1.
Applicants must have completed the basic course as in Chapter-9, Rule 9.2, Subsection-C above and met the current employment guidelines.
2.
Applicants must have served in a full-time capacity as a law enforcement officer in one of the following positions (or other position as approved by the Board): 56
a.
A municipal police officer, county deputy sheriff or other law enforcement officer appointed or employed full-time in a recognized political subdivision of any state, province or territory of the United States of America who is vested with the authority to bear arms, make arrests and has as their primary duty the prevention and detection of crime, the apprehension of criminals and the enforcement of criminal and traffic laws of the political subdivision.
b.
Any person currently or formerly classified under the GS-1811 series or any uniformed federal law enforcement officer who is: appointed or employed full-time by the United States Department of Justice or its law enforcement subdivisions, the Department of Defense or its recognized military service branches, the Department of the Interior, the Department of the Treasury or its law enforcement subdivisions, or the District of Columbia; and/or who is vested with the authority to bear arms, make arrests, and has as their primary duty the prevention and detection of crime, the apprehension of criminals, and the enforcement of criminal and traffic laws of the United States of America.
F. The Board shall establish the acceptable curriculum and training delivery methods for the refresher course. 1.
Any Board accredited training academy may present the refresher course curriculum. With prior Board approval, academies may tailor the curriculum delivery to that method best suited for their service area. Training standards shall also include certified instructors, record keeping and testing. Academies must review the Board’s notice that the student is eligible for the refresher course.
2.
Should agencies decide to integrate refresher course students into existing basic course classes, the refresher student shall be expected to complete the entire module to obtain credit for the refresher curriculum.
3.
The academy shall provide the Board staff a preliminary roster, class schedules with planned instructors, and any new instructor applications not later than 10 working days prior to the class start date.
4.
The academy shall provide the Board staff an updated entrance roster (if applicable), the student’s graded entrance fitness score sheet, and the original completed training packets not later than five working days after the class report date. The candidate’s NCIC report, certificate of high school/GED completion and verification of First Aid/CPR certification must be attached. All conflicts or missing information in these packets must be resolved before process can be completed.
5.
Within ten (10) working days of the completion of the class, the academy must send a copy of the certificate, and the student’s final grades to their department and 57
to the Board. The final roster of students completing the class, written documentation of any student failure, dismissal, or withdrawal with reason from the academy must be submitted to the Board within ten (10) working days after completion of the class. 6.
Any schedule changes must be reported in writing to the Board at the earliest opportunity (fax or e-mail), documented and maintained with the records of that course. A final schedule as amended with changes will be submitted with the final class roster and other end of course documents.
G. Standards for successful completion of the Refresher Course are: 1.
An average academic score of 70%
2.
A firearms qualifying score of 75%
3.
A defensive driving score of 80%
4.
A mechanics of arrest score of 80%
5.
A physical fitness entrance score of 50%
6.
Provide verification of First Aid/CPR certification
7.
Financial obligations paid in full by self-sponsored cadets.
H. The Refresher Course is administered as a whole unit of training. The entire course must be completed satisfactorily to obtain certification. No credit will be given for partially completed training. In addition to the course standards, all students must adhere to all academy rules and regulations. I.
It is incumbent upon the law enforcement agency to ensure that all officers obtain certification. Employers should ensure that all applications for certification are submitted on a timely basis. Once the staff has provided instructions for the certification of a particular officer, employers should encourage their personnel to attempt testing/enrolling in training programs so that each officer will be assured of completing any and all requirements within the time period.
Source: Miss Code Ann. § 45-6-7 Rule 9.3 Procedure 1.
All procedures applicable to certification for newly employed officers must be followed in seeking certification based on equivalency and refresher course training. In addition to the forms required for the certification process, the employer shall provide documentation of 58
law enforcement training (copies of certificates, etc.). The board staff will authenticate all documents submitted to the board from other jurisdictions. The employer shall be prepared to submit the curriculum for training completed in another jurisdiction. The staff will request curriculums as needed for the Board files. Once an officer has been deemed eligible to attend the refresher course, the department head will be notified by the Board. The training packet must then be completed and submitted to the assigned academy. A. The students will be evaluated by the administration of written examinations. Any student who fails to achieve a final academic average of at least seventy percent (70%) will not graduate. Any student who becomes mathematically eliminated during training will be academically dismissed. Any student who fails will be eligible for re-admittance only to the academy where training was given. B. Any student who does not achieve a score of at least seventy-five percent (75%) on the firearms portion of training will not graduate from the course. The skill areas of defensive driving, and mechanics of arrest require scores of eighty percent (80%) to graduate. An entry physical fitness test will be administered upon reporting for training and will determine whether a student can remain in the program. This test is an eligibility requirement. A passing score of fifty (50%) must be achieved. Those students who fail the examination must leave the academy. They may, however, resubmit their application to attend a future training class. The test is comprised of three components: agility run, push-ups, and a 1½ mile run. C. Students shall be afforded excused absences for not more than five percent (5%) of the scheduled training. Students enrolled as a refresher student in a basic course may be given not more than two scheduled opportunities to complete a required class. Students who miss more than the five percent (5%) or fail to attend a scheduled class two times, shall be dismissed. D. Every training academy shall promulgate a set of written rules and regulations governing the conduct of students who are at the academy for refresher training. A copy of the approved rules shall be made available to the student at the beginning of training. Student misconduct may result in a dismissal. Prior to dismissal for disciplinary reasons, students will be afforded the opportunity to have a hearing before an impartial review board. The review board will make a recommendation to the academy director whose decision is then final. Students may be re-admitted only to the same academy. The academy director will weigh the circumstances and decide whether to re-admit the student. The director's decision may be appealed to the Board by the student's agency head. History - adopted - 10/1984; rev - 10/1991, 07/1993, 01/1996, 07/1997/1998/2000/2004, 11/2007, 09/2010, 07/2013, 09/2014, 09/2015, 03/2017, 11/2017, 01/2018, 05/2018, 05/2019 and 08/2020 Source: Miss Code Ann. § 45-6-7
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Rule 9.4 Refresher Training Curriculum 1.
This document describes the 200-hour Refresher Training Curriculum for all Mississippi Law Enforcement Officers.
2.
Mississippi Vehicle Law and Enforcement 9. Traffic Crash Investigation
16
10. Mississippi Motor Vehicle Law and Enforcement
4
13. DUI Law, Detection and Field Sobriety
10
POLICE DEFENSIVE TACTICS 15. Officer Safety - Mechanics of Arrest, Restraint and
16
Control 16. Use of Force
3.
4
21. Firearms Training
4.
25. Emergency Vehicle Driver Training 12 5.
INVESTIGATIVE PRACTICES 22. Crime Scene Processing
6.
2
ORGANIZED CRIME/DRUGS 26. Identification and Handling Drugs
6
60
7.
8.
9.
CRIMINAL LAW AND PROCEDURES 28. Constitutional Law; Search and Seizure; Laws of Arrest
8
29. Mississippi Criminal Law
16
30. Mississippi Juvenile Law - Dealing with Juveniles
2
31. Courtroom Procedures and Rules of Evidence
1
32. Courtroom Testimony, Demeanor and Mock Trial
1
8. Civil Liability
2
CRIMINAL INVESTIGATION 33. Principles of Criminal Investigation
2
36. Domestic Violence Response
16
REPORT WRITING 37. Report Writing, Note Taking and Case Preparation
10.
2
PATROL OPERATIONS 38. Patrol Concept, Preparation and Techniques; Calls for
8
Service; Crimes in Progress
11.
12.
39. Active Shooter
16
41. Civil Complaints and Service Calls
22
44. Bias Based Profiling
2
HOMELAND SECURITY 45. Introduction of Homeland Security and ICS
1
46. Human Trafficking
2
HUMAN RELATIONS 17. Human Behavior/Interpersonal Communications 18. Law Enforcement and Citizens with Special Needs 19. Conflict Management
13.
4 4 4
1
Total
200 61
History - adopted - 10/1984; rev - 12/1989, 11/2015, 11/2017, 01/2018, 07/2019 Source: Miss Code Ann. § 45-6-7
Part 301 Chapter 13: Instructor Certification Rule 13.1 Purpose 1.
This section establishes policy and procedures governing the standards and qualifications to be used to certify instructors for Board-approved training.
Source: Miss Code Ann. § 45-6-7 Rule 13.2 Policy 1.
All persons instructing law enforcement officers in Board-approved training courses of four hours or less must be qualified as determined by the academy director. All persons instructing more than four hours in a Board-approved training course must be certified as an instructor by the Board on Law Enforcement Officer Standards and Training.
Source: Miss Code Ann. § 45-6-7 Rule 13.3 Procedures 1.
Minimum requirements for certification of training instructors. A. Individuals applying for certification to instruct in BLEOST approved courses must apply through the completion of a formal application (BLEOST Instructor Application Packet). Applications must be submitted to the Director of a Board approved training academy. That Director will review the application and forward the endorsed application to the Board for consideration. Each nominee for certification must meet the following requirements: 1.
Education and Experience - The applicant must show an educational and criminal justice experience equal to one (1) of the following: a.
A high school graduate and five (5) or more years of experience in the subject area
b.
Two (2) years of college and three (3) or more years’ experience in subject area
c. A bachelor’s degree and one (1) or more years of experience in subject area, 62
d.
2.
3.
Or persons with specialized, identifiable skills not meeting the above requirements, may be certified upon academy director's request and staff review.
Sufficient Knowledge of Subject Matter - The applicant must demonstrate an adequate history as determined by the Board based on training, education, experience, professional credentials and/or proficiency skills suitable to the topic of instruction of which certification is being sought. Specific additional education or training will be required for the following designated special subject blocks: a.
Legal subjects - An applicant shall be a graduate of a law school or possess a qualification of substantial legal training and experience in the practical application of law to be certified to instruct legal subjects.
b.
Firearms - An applicant shall have been trained in an acceptable firearms instructor course as determined by the Board to be certified to instruct firearms training
c.
Police Driving - An applicant shall have been trained in an acceptable police driving instructor course as determined by the Board to be certified to teach police driving.
d.
Emergency Medical Procedures - An applicant shall have been trained in an acceptable emergency medical procedures instructor course and an acceptable cardiopulmonary resuscitation (CPR) instructor course as determined by the Board to be certified to teach emergency first aid and CPR
e.
Defensive Tactics - An applicant shall have been trained in an acceptable defensive tactics instructor course as determined by the Board to be certified to teach defensive tactics.
f.
Physical Conditioning - An applicant shall have been trained in an acceptable physical conditioning instructor course as determined by the Board to be certified to teach physical conditioning.
Knowledge of Instruction - The applicant shall be cognizant of the methods of instruction and the aids available. Instructors must be able to clearly present the course material and meet the objectives outlined by the Board. a.
Instructor Training - All applicants must have completed a Board-approved instructor development training course of 40 hours or a comparable instructor course as determined by staff review. Persons with professional credentials recognized by the Board may be exempted.
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b.
Internship - The new instructor nominee will serve an internship wherein the nominating official will evaluate (BLEOST Instructor Evaluation Form) the nominee during actual instruction. The internship shall be at least two (2) hours in length and shall be conducted prior to certification. These evaluations shall be reviewed by the nominating official and forwarded to the Board along with the application.
c.
Evaluation - The instructor shall be evaluated periodically by students on dimensions determined by the academy. Evaluations shall remain on file at the academy for a period of at least one (1) year.
d.
Activity - All instructors shall remain active during their period of certification. If an instructor does not instruct in a Board approved curriculum during the period of his certification, his certification shall not be renewed.
B. Expiration - All instructor certifications expire three (3) years from the date issued. Individuals applying for renewal of instructor certification must complete a formal application for renewal. Applications must be submitted to the director of a Boardapproved training academy. That individual will review the application and forward the endorsed application to the Board for its consideration. Each renewal certificate must meet the following requirements: 1.
2.
Reissuance will be based on submission of an updated application including: a.
The instructor must provide documentation that he/she has conducted training in a Board-approved curriculum during the certification period expiring.
b.
The instructor must provide documentation of his/her continuing knowledge in the requested area of re-certification to the satisfaction of the academy director.
As with the professional certificate the instructor certificate remains the property of the Board. The possession and stewardship of the certificate is the responsibility of the sponsoring agency. The Board may revoke any instructor certificate upon a showing of just cause, which includes, but is not limited to: a.
Administrative error in issuance.
b.
Falsification of any information on the application,
c.
Failure to complete the prescribed internship,
d.
Conviction or the entering of a plea of either guilty or nolo contendere, being fined, ordered into probation or pre-trial diversion in relation to a felony or a misdemeanor involving moral turpitude or a crime that is directly related to the duties and responsibilities of a law enforcement officer,
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3.
History -
e.
Mistreatment, abuse, or improper behavior involving a student,
f.
Consistent failure to follow Board-approved training guidelines, learning objectives and lesson plans (where established),
g.
And any other actions detrimental to professional law enforcement training.
Exemption from certification - In the event of exceptional emergency or other circumstances determined by the academy director a qualified non-certified instructor may be utilized; however, the non-certified instructor shall teach under the supervision of the nominating official. Facts explaining the utilization of the uncertified instructor shall be documented and maintained on file by the nominating official. Adopted - 08/1984; rev - 01/1991, 08/2020
Source: Miss Code Ann. § 45-6-7
Part 301 Chapter 1 Rule 1.1
Definitions
Herein are defined certain terms used in these Policy and Procedures. 1.
Administrative Hold - Shall mean the withholding of all training funds and certification certificates due to non-compliance with Board policy or official requests for information.
2.
Background Investigation - Shall mean a comprehensive process designed to produce fact-based, complete, accurate and unbiased information to ensure that an applicant meets all standards and requirements for employment.
3.
Board - Shall mean the Board on Law Enforcement Officer Standards and Training.
4.
Board Director - Shall mean the Director of the Division of Public Safety Planning.
5.
Break in Service - Any period of time when an individual is not a law enforcement officer as defined in this policy.
6.
Certificates - Shall mean certificates issued only to fully qualified officers.
7.
Certified - Shall mean the Board has acknowledged that all requirements mandated by this policy and the Law Enforcement Officers Training Program have been achieved and that a certificate has been issued as documentation of the same.
8.
Chief of Police - Shall mean the chief law enforcement officer of the municipality, who 65
shall have control and supervision of all police officers employed by the municipality. The officer in charge of municipal law enforcement officers, regardless of title, is acting as the Chief of Police. 9.
Code of Ethics - Shall mean the ethical mandates set forth in Chapter 4, Rule 4.4,(1), Law Enforcement Code of Ethics, that law enforcement officers use to perform their duties.
10. Criminal Record - Shall mean any type of felony or misdemeanor conviction. 11. Disqualifying Criminal Convictions - Shall mean a criminal record that is specific and directly related to the duties and responsibilities of a law enforcement officer as determined by a consideration of the following factors: the nature and seriousness of the crime for which the individual was convicted; the passage of time since the commission of the crime; the relationship of the crime to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of a law enforcement officer; and any evidence of rehabilitation or treatment undertaken by the individual that might mitigate against a direct relation. 12.
Employment Standards - To be qualified for employment as a law enforcement officer, the applicant must meet the following standards and requirements: Be at least twenty-one (21) years of age, a high school graduate (or obtain a General Educational Development (GED) Diploma), and a United States citizen; be of such good physical and mental condition to be capable of performing the duties under conditions inherent to the profession, as verified by a licensed physician; and be of good moral character as evidenced among other things by having neither a conviction, a plea of guilty, a plea of nolo contendere, probation, pre-trial diversion or the payment of any fine for a felony or a misdemeanor involving moral turpitude or in relation to a crime that is directly related to the duties and responsibilities of a law enforcement officer; and have engaged in no conduct or action that would greatly diminish the public trust in the competence and reliability of a law enforcement officer. Former members of the Armed Forces must have been discharged under honorable conditions. Fitness for service as it relates to moral character must be verified by an appropriate background investigation.
13. Equivalency of Training - Shall mean the assessment of an applicant's law enforcement training, education, experience and qualifications. 14. “Grand-fathered” or exempt officers - Shall mean full-time law enforcement officers already serving under permanent appointment on July 1, 1981, and personnel of the division of community services under § 47-7-9, Mississippi Code of 1972, serving on July 1, 1994, are not required to meet any of the provisions of the Law Enforcement Officers Training Program. 15. Lateral Transfer - A transfer by a certified officer to a different law enforcement agency. 16. Law Enforcement Employer - Shall mean the agency which employs the law enforcement officer. 17. Law Enforcement Officer - Shall mean any person or individual appointed or employed 66
full time by the state or any political subdivision thereof, or by the state military department as provided in Section 33-1-33, who is duly sworn and vested with authority to bear arms and make arrests, and whose primary responsibility is the prevention and detection of crime, the apprehension of criminals and the enforcement of the criminal and traffic laws of this state and/or the ordinances of any political subdivision thereof. The term "law enforcement officer" also includes employees of the Department of Corrections who are designated as law enforcement officers by the Commissioner of Corrections pursuant to Section 47-5-54 and includes those district attorney criminal investigators who are designated as law enforcement officers. However, the term "law enforcement officer" shall not mean or include any elected official or any person employed as a legal assistant to a district attorney in this state, compliance agents of the State Board of Pharmacy, or any person or elected official who, subject to approval by the board, provides some criminal justice related services for a law enforcement agency. As used in this paragraph, "appointed or employed full time" means any person, other than a deputy sheriff or municipal law enforcement officer, who is receiving gross compensation for his or her duties as a law enforcement officer of Two Hundred Fifty Dollars ($250.00) or more per week or One Thousand Seventy-Five Dollars ($1,075.00) or more per month; for a deputy sheriff or municipal law enforcement officer, the term “appointed or employed full time” means a deputy sheriff or municipal law enforcement officer who is receiving gross compensation for his or her duties as a law enforcement officer of Four Hundred Seventy-five Dollars ($475.00) or more per week or Two Thousand Fifty Dollars ($2,050.00) or more per month. 18. Law Enforcement Trainee - Shall mean any person appointed or employed in a full-time, part-time, reserve or auxiliary capacity by the state or any political subdivision thereof for the purposes of completing all the selection and training requirements established by the board to become a law enforcement officer or a part-time law enforcement officer. Such individuals shall not have the authority to use force, bear arms, make arrests or exercise any of the powers of a peace officer unless: A. The trainee is under the direct control and supervision of a law enforcement officer; B. The trainee was previously certified under this chapter; or C. The trainee is a certified law enforcement officer in a reciprocating state 19. Moral Turpitude - Any conduct, or pattern of conduct, contrary to justice, honesty, honor, modesty or good morals that would tend to disrupt, diminish or otherwise jeopardize public trust and fidelity in law enforcement. 20. Part-time Law Enforcement Officer - Shall mean any person or individual appointed or employed in a part-time, reserve, or auxiliary capacity by the state or any political subdivision thereof who is duly sworn and vested with authority to bear arms and make arrests, and whose primary responsibility is the prevention and detection of crime, the apprehension of criminals and the enforcement of the criminal and traffic laws of this state and/or the ordinances of any political subdivision thereof. However, the term “part-time law enforcement officer” shall not mean or include any person or elected official who, subject to approval by the Board, provides some criminal justice related services for a law enforcement 67
agency. As used in this paragraph “appointed or employed” means any person, other than a deputy sheriff or municipal law enforcement officer, who is performing such duties at any time whether or not they receive any compensation for duties as a law enforcement officer provided that such compensation is less than Two Hundred Fifty Dollars ($250.00) per week or One Thousand Seventy-Five Dollars ($1,075.00) per month; for a deputy sheriff or municipal law enforcement officer, the term ‘appointed or employed” means a deputy sheriff or municipal law enforcement officer who is performing such duties at any time whether or not they receive any compensation for duties as a law enforcement officer provided that such compensation is less than Four Hundred Seventy-five Dollars ($475.00) per week or Two Thousand Fifty Dollars ($2,050.00) per month. 21. Probationary Period - A period of one year for full-time status and two years for part-time status from the initial date of hire as a law enforcement trainee, in the original appointment. The probationary period cannot be enlarged by additional or multiple appointments. Individuals acquire an additional two-year period following a break in-service of more than two years. 22. Self-Sponsored Cadet - Shall mean any person applying to an accredited law enforcement academy with the intent of completing the basic course curriculum or refresher course curriculum for full-time or part-time employment. 23. Training Packet - Shall mean the Board adopted forms used to collect information necessary for enrollment in a basic, part-time/reserve or refresher training course. History: adopted - 07/1981; rev - 04/1988, 10/1991, 07/1998, 07/2004, 07/2006, 07/2007, 09/2008, 05/2013, 03/2017 and 08/2020 Source: Miss Code Ann. § 45-6-3, 45-6-7
Part 301 Chapter 2: Applicant Evaluation, Employment and Certification Procedures Rule 2.1 Purpose 1.
This section establishes policy and procedure for certification of law enforcement officers. Note: This section comprises sections formerly known as “grand-fathered” officers, newly employed officers and lateral transfers.
Source: Miss Code Ann. § 45-6-7 Rule 2.2 Policy 1.
The Board shall certify as law enforcement professionals those persons who meet the 68
employment guidelines established in accordance with Mississippi Code as Annotated § 456-11 (3). Additionally, the Board shall certify certain eligible law enforcement officers as being exempt from the requirements. A. Certification under the Law Enforcement Officers Training Program (LEOTP) is limited by law to law enforcement officers only. A law enforcement officer is defined in the statute (§ 45-6-3 (c) and (d as any person who is: 1.
Appointed or employed full-time, part-time, reserve, or auxiliary by the state or any political subdivision thereof,
2.
Duly sworn,
3.
Vested with the authority to bear arms, and to make arrests,
4.
And assigned, as their primary responsibility, duties which are the prevention and detection of crime, the apprehension of criminals and the enforcement of criminal and traffic laws of the state and/or of a political subdivision of the state.
B. § 45-6-11 (1) provides an exclusion or “grand-father clause” for eligible law enforcement officers. 1.
Law enforcement officers already serving under permanent appointment on July 1, 1981, and personnel of the division of community services under § 47-7-9, Mississippi Code of 1972, serving on July 1, 1994 are not required to meet any of the provisions of the LEOTP. This is the sole qualifying factor for any exemption under the “grand-father clause” of the LEOTP Act. The Act does not provide for any exemption based on prior years of service.
2.
This exclusion from the requirements of the LEOTP is valid so long as the eligible officer does not have a break in law enforcement employment of more than two years. If an officer who is grand-fathered under the LEOTP leaves employment as a law enforcement officer and is not re-employed as a law enforcement officer within two years, the officer will be required to meet all the requirements as described in the Act.
C. All law enforcement applicants with the noted exception in paragraph (b) above must meet the following guidelines to be employed as a law enforcement officer: 1.
Be at least twenty-one (21) years of age,
2.
Be a high school graduate or obtain a General Educational Development (GED) Diploma, a.
High School graduate is defined as graduating from a secondary
69
school in an accredited school district having earned the required Carnegie units and successfully completed any and all subject area testing as specified by the Mississippi Department of Education in the year the diploma was awarded. b.
Accredited schools include those accredited by the Departments of Education from each State, the Independent/ Private School Association from each State, the Association of Christian Schools International, the National Council for Private School Accreditation, the Southern Association of Colleges and Schools (SACS) or one of the six regional bodies of the Association of Colleges and Schools, and AdvancED.
c.
In lieu of a high school diploma, a college diploma from an accredited institution will be accepted. It must be an Associate’s (AA or AAS) or higher. Technical Certificates will not be accepted. Accredited schools include those accredited by an Accrediting Agency recognized by the U.S. Department of Education.
d.
If an applicant has not obtained a high school diploma from an accredited school, the applicant must obtain a GED through the Mississippi Department of Education or obtain an equivalent score on a GED test administered by the American Council on Education.
e. Applicants may provide a composite test score on the ACT of 15 or higher in lieu of a GED score. ACT scores can only be accepted if the score is on an official form (student or institution copy) or as part of an official school transcript. 3.
Be a United States citizen,
4.
Be of good physical and mental condition, capable of performing the duties, under conditions inherent to the profession, as verified by a licensed physician,
5.
And be of good moral character as evidenced among other things by having neither a conviction, a plea of guilty, a plea of nolo contendere, having been ordered into probation or pre-trial diversion or have been fined in relation to a felony or a misdemeanor involving moral turpitude or to a crime that is directly related to the duties and responsibilities of a law enforcement officer; and not have been engaged in any conduct or action that would greatly diminish the public trust in the competence and reliability of a law enforcement officer. Former members of the Armed Forces Individuals must have been discharged from the Armed Forces under honorable conditions. Fitness for service as it relates to moral character must be verified by an appropriate background investigation.
70
D. Individuals who meet both the definition for a law enforcement officer in paragraph (C) above and who meet the minimum employment guidelines are eligible to be employed as a law enforcement officer. 1.
Such officers must successfully complete prescribed training and obtain certification within one year for full-time status and two years for part-time status from their date of hire. Note: Although the statute provides up to one year for full-time status and two years for part-time status from the date of hire and under certain limited conditions individuals may lawfully serve beyond this period, agencies should adopt policies to provide training as soon as possible, preferably prior to the assignment of any law enforcement duties. Law enforcement administrators are responsible for providing adequate and appropriate training to reduce the potential risks of conduct which could result in a violation of someone's civil rights, injury or death. Failure to do so has been construed by the courts as being deliberately indifferent.
2.
The probationary period begins upon the initial date of hire as a law enforcement officer. Individuals who begin employment with an agency in a non-law enforcement position such as a jailer must report the effective date of their transfer to a law enforcement position as their initial date of hire.
3.
The probationary period is cumulative in nature and cannot be enlarged by additional or multiple employments. If an officer transfers from one department to another department prior to obtaining certification, the total time served will count toward the probationary period. For example, if a part-time officer began employment and quits after three months, the officer would have twenty-one months remaining upon subsequent employment. The full probationary period may only be reinstated upon a break in service of two years or more.
E. The LEOTP makes no provision to waive, enlarge or extend the probationary period nor does the Act authorize the Board on Law Enforcement Officer Standards and Training to waive, enlarge or extend the period. However the Act does provide that any person, who, due to illness or other events beyond his/her control, could not attend the required school/training as scheduled, may serve with full pay and benefits in such a capacity until he/she can attend the required school/training. 1.
To qualify as being eligible to continue receiving pay beyond the probationary period, individuals generally must have met all selection criteria upon employment and in particular must have been able to meet the physical fitness guidelines as determined by a licensed physician. Any individual employed as a law enforcement officer with a pre-existing medical or other condition that would preclude his/her participation in the law enforcement training program does not meet the entry level standards and is not eligible for law enforcement service.
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2.
Applicants must have been scheduled to attend a specific basic course by name and accepted for enrollment in a course which would have satisfied the probationary period requirement. Once it is determined that an officer cannot complete the course as scheduled, the hiring agency must provide written documentation that fully describes the event which prevents the student from successfully completing the course. The written documentation must include adequate documentation that the event was indeed beyond the student's control. A student's dismissal from the training program due to misconduct or failure to meet the academic/training standards would not constitute an event beyond that student's control. Illnesses, injuries or other events which could be reasonably avoided would not excuse a student's failure to achieve the training standards. Events, which are precipitated by a student's negligence, misconduct or illegal activity, will not be considered as “beyond the student's control”. For example, a vehicular accident in which the student operator was found to be operating the vehicle in a willfully reckless fashion or under the influence of intoxicating substances would not be beyond that student's control as such events can be readily avoided.
3.
Any such event which prevents a student from completing the course as scheduled must be temporary in nature. Applicants must have reasonable potential to recover from the illness, injury or other event and make a reasonable effort to successfully complete the training course. In any case, applicants must complete the training within one year for full-time status and two years for part-time status from the date of their illness or injury or be reevaluated as to their ability to meet the physical fitness employment guidelines. Such evaluations will be conducted in accordance with the Board's policy on recall or cancellation of certificates. In addition to those procedures, applicants must submit a Board-approved medical examination dated within six months of the review hearing.
4.
Events precipitated by natural disaster, civil disturbance, war or acts of God which would reasonably interfere with the normal conduct of law enforcement activities within a political subdivision or disrupt the law enforcement training programs of the state would enable an applicant to continue to serve and receive salary as a law enforcement officer.
5.
Agencies must make every reasonable effort to provide training to their officers and adopt policies which ensure that their officers complete the prescribed training requirements within the probationary period. Agencies which fail to provide adequate funding or other appropriate resources to ensure compliance with the LEOTP will not be eligible to continue the service of officers who have not completed the training requirements within the probationary period.
6.
Should the State fail to provide adequate resources or funding to enable each officer to complete the required law enforcement training within the time limit, agencies may continue to employ such officers until they have the opportunity to complete the next available training program.
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7.
The Board staff shall review the facts and circumstances for each instance where an applicant's department requests to continue service beyond the probationary period. The staff shall determine whether the applicant was eligible to be employed as a law enforcement officer, whether the applicant was scheduled to attend a basic course within the probationary period, whether the injury, illness or other event was beyond the control of the applicant and whether the situation will be temporary or permanent in nature.
F. The LEOTP makes provision to penalize agencies who employ officers without obtaining certification beyond the probationary period. These penalties include a loss of peace officer powers and authorization to receive a salary. To avoid these penalties, agencies should consider all contingencies in the planning of the evaluation, employment and training of their personnel. Source: Miss Code Ann. § 45-6-7, 45-6-17 Rule 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. 73
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.
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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 75
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).
4.
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 twentyfour (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.
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 76
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: 7. 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. b. 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. 77
8. 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
9. 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. 10. 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. 11. A review of appropriate official documents to certify age and citizenship. 12. 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. History - adopted - 10/1991; rev - 01/1995, 03/1996, 04/1997, 08/1997, 07/1998, 11/2003, 05/2005, 11/2007, 09/2008, 05/2013, 03/2017, 09/2018 and 08/2020 78
Source: Miss Code Ann § 45-6-7, 45-6-9
Part 301 Chapter 3: Professional Certificates Rule 3.1 Purpose 1.
This section establishes policies and procedures governing professional certificates.
Source: Miss Code Ann. § 45-6-7 Rule 3.2 Policy 1.
Vested by law with ownership of and full responsibility for law enforcement officers' certificates, the Board's policy is to ensure that certificates are issued only to fully qualified officers and revoked when appropriate and that all certificates are accounted for at all times. The law specifies that any certificate for a law enforcement officer issued as a result of the Law Enforcement Officers Training Program is the property of the Board. Although the certificate is issued in the name of the individual officer, the Board shall place the certificate in the stewardship of the employer and shall retain the right to require return of the certificate to the Board. The employer shall not transfer a certificate issued by the Board to any person or agency except through the Board director.
Source: Miss Code Ann. § 45-6-7 Rule 3.3 Procedures 1.
All law enforcement employers included under the Law Enforcement Officers Training Program as described in this Policy and Procedures Manual should follow these steps in safekeeping certificates issued to their employees by the Board. A. The employer, upon receiving the certificate from the Board director, should record the certificate number and the date issued in the employee's personnel file. B. The certificate should remain in the physical custody of the employer at a site which houses agency operations. The employer may provide the employee with a photo static copy of the certificate. C. The certificate, if defaced, destroyed, misplaced, or stolen while in the stewardship of the employer, will normally be replaced with a photo static copy. The production of duplicate certificates shall be minimized. The staff will evaluate each incident prior to the issuance of a duplicate certificate. D. The employer should return the certificate to the Board director, along with a complete “Termination/Reassignment Report” form, within ten working days after: 79
1.
The employee no longer meets all of the qualifications for employment (i.e.- the employee has been convicted, pled guilty, pled nolo contendere, fined, ordered into probation or pre-trial diversion in relation to a felony or a crime involving moral turpitude or to a crime that is directly related to the duties and responsibilities of a law enforcement officer, etc. [the employer shall provide official documentation of any such conviction]);
2.
Receiving written notice from the Board of evidence that the certificate was obtained through misrepresentation or fraud;
3.
The employee dies, resigns, laterally transfers or is terminated;
4.
The employee takes leave or is assigned leave from actual performance of law enforcement duties from the employer for any reason for an indefinite period or for a period planned to last more than twelve months;
5.
And receiving written notice from the Board that the certificate shall be returned for other due cause as determined by the Board.
E. The staff shall decide the disposition of a certificate within a reasonable time after receiving notice that a certificate has been returned. The Board may decide to: 1. Delay consideration of the return of the certificate; 2. Inactivate the certificate; 3. Assign stewardship of the certificate to a new law enforcement employer or; 4. Annul/revoke a certificate, if issued in error or through misrepresentation or fraud. F. In the case of lateral transfer, the staff shall forward the certificate to the appropriate employer. G. The staff shall maintain the certificate and all other file information of officers who have died or whose certificates have been inactivated in the Board files. H. When the staff has inactivated a certificate because an officer is no longer in law enforcement employment as described in this Policy and Procedures Manual, is on indefinite leave or leave for more than one year, or for other reasons the Board director may reactivate the certificate when the certified officer resumes employment for the employer who returned the certificate or under a new law enforcement employer included under the Law Enforcement Officers Training Program. In any case, the employer may initiate the reactivation process by forwarding a “Law Enforcement Application for Certification and Background Investigation Review” form, Parts I,
80
II and III to the Director. The Board director shall forward a reactivated certificate to the employer. I.
When an officer, certified by Mississippi statute, leaves law enforcement employment for a period of two years or more, his or her certification will lapse. Upon receiving a request to reactivate the officer’s certification, the staff shall notify the employer, by letter, that the officer’s certification has lapsed, and that the officer must qualify for Board certification within one year for full-time status and two years for part-time status of his or her current date of hire.
History -
Adopted - 07/1981; rev - 04/1988/1997, 07/1998, 11/2003, 09/2006, 11/2006, 05/2013 and 08/2020
Source: Miss Code Ann. § 45-6-7, 45-6-9
Part 301 Chapter 4: Hearings, Denial or Other Sanctions of Certificates Rule 4.1 Purpose 1.
This section establishes policy and procedures governing the classification of “not eligible for certification” or the reprimand, suspension (under conditions imposed by the board), recall or cancellation of the professional certificate of a law enforcement officer. This section also establishes the policy and procedures for board hearings for anyone aggrieved of a finding by the staff or to make special requests for relief under board policies.
Source: Miss Code Ann. § 45-6-7 Rule 4.2 Policy 1.
The Board may reject any unqualified applicant for certification by a classification of not eligible for certification. Further, the Board reserves the right to reprimand, suspend or cancel and recall any certificate when: A. The certificate was issued by administrative error; B. The certificate was obtained through misrepresentation or fraud; C. The holder has been convicted, pled guilty, pled nolo contendere, fined, ordered into probation or pre-trial diversion in relation to a felony or a crime involving moral turpitude or that is directly related to the duties and responsibilities of a law enforcement officer; D. The holder has committed an act of malfeasance or has been dismissed from his employing law enforcement agency; or 81
E. The physical or mental condition of the officer is such that the officer is incapable of performing law enforcement duties inherent to the profession; or F. Other due cause as determined by the Board. 1.
The Board has established standards and qualifications by rule and regulation for the employment of law enforcement officers as they relate to the competence and reliability of persons to discharge the responsibilities of that position of public trust. These standards address minimum age, education, training, physical and mental standards, citizenship, good moral character and experience.
2.
Any conduct or action that would breach the established minimum standards, violate the Law Enforcement Code of Ethics or would greatly diminish the public trust in the competence and reliability of a law enforcement officer would be actionable as due cause for reprimand, suspension (under conditions), recall or cancellation of a certificate.
Source: Miss Code Ann. § 45-6-7, 45-6-11 Rule 4.3 Procedures 1.
The procedures listed herein shall be followed to ensure a fair and expedient process consistent with law. A. The Board staff shall open a certification review file upon the instruction of the assistant director or the director. The director or the assistant may base the opening of a review file on a number of sources. 1.
Routine activity by the Board staff that discloses noncompliance with the LEOTP or established policy shall be considered as possible basis for opening a certification review file.
2.
Law enforcement agency heads may request in writing to the assistant director or the director that a certification review file be opened.
3.
The investigative divisions of the state or a political subdivision thereof may request in writing to the assistant director or the director that a certification review file be opened a.
All such requests in Chapter-4, Section-3, Subsection-a, Paragraph-2 and 3 above, should be accompanied by documents to support the review request. All accepted materials shall become a part of the individual officer's application packet.
82
b.
The release of these materials shall be in accordance with the Board's policy and the Open Meetings and Records Act.
B. Once the certification review file has been opened, the Board staff shall be responsible for organizing the materials submitted as a result of the review process. The staff may correspond with the employer, official records clerks or investigative agencies to clarify information. The staff may also initiate a request through the director to the investigative division of the Office of the Attorney General for further investigative support if needed. C. The staff will indicate whether criminal charges have been initiated and maintain a current status report for each opened certification review file. (Information on court dates, hearings, pleas, adjudication status and sentencing shall be maintained to enable the director to take immediate action once a case has been heard.) D. The director or the assistant director shall review the status of all open certification review files on a regular basis. E. Once the director believes that there is sufficient cause to support a Board action in the case, the director shall decide whether a sanction should be initiated. The director may elect to: 1.
Delay consideration pending further information;
2.
Proceed with an administrative action such as a declaration of ineligible for certification or other approved sanction,
3.
Proceed with a hearing to enable the full Board to evaluate the case.
F. The director shall have the administrative authority to issue both temporary or permanent declarations of ineligibility for certification as well as an administrative revocation of those certificate holders who have been adjudicated guilty of a felony crime.
G. Individuals must be notified in writing of any administrative sanction including noneligibility. The notification letter must contain the reasons for the sanction as well as a statement of the specific findings by the staff. The notification letter must also include instructions for requesting a board hearing. H. Board hearings may be convened at the request of the director or upon the receipt of a request from an individual aggrieved of a staff finding, administrative action or to obtain relief under board policies. The director shall inform the Chair of any requests for a hearing and provide any additional information related to the hearing. The Chair may elect to hold the hearing at the next regularly scheduled meeting or at a specially convened meeting for that purpose. 83
1.
Once the date has been established for the hearing, the director shall notify the officer/individual and the agency head of the hearing date. The letter shall state, in clear terms, the time and place of the hearing, purpose of the hearing and proposed action to be taken. The letter will also: a.
Invite the officer/individual to appear personally before the Board to make a presentation on his certification.
b.
Advise the officer/individual that they have a right to be heard, present evidence and that they may bring people to give oral testimony or to provide assistance in the presentation. They also may question any adverse witnesses.
c.
Advise the officer/individual that they may have counsel assist and/or represent them at the hearing.
d.
Advise the officer/individual that strict rules of evidence do not apply.
e.
Advise the officer/individual that documents may be submitted for consideration. All copies of any official documents must be submitted under the county seal or notary public. Any written testimony must be presented in the form of duly sworn affidavits. All documents must be submitted to the Board staff not later than five working days before the hearing.
I.
Any document available under the Open Records Act shall be made available to the respondent upon request. A continuance for the hearing may be granted provided the respondent demonstrates good cause.
J.
At the appointed time, the chair shall convene the certification hearing. The chair or the vice chair shall be the presiding officer and control the course of the hearing. The Board itself shall constitute the hearing panel. 1.
The proceedings of the hearing shall be recorded electronically, and a record made by a qualified court reporter.
2.
The Board shall consider all oral and written material presented at the hearing.
3.
The Board Attorney shall begin by putting information into the record including: a.
The fact that the respondent received notice of hearing and complaint,
b.
The fact that the respondent has applied for certification or has been certified by the board.
c.
The fact that the respondent was advised of his right to have counsel present, to be heard, present evidence, witnesses and question any adverse witnesses. 84
4.
The Board Attorney shall have the court reporter administer an oath to all those present who desire to speak on record.
5.
The hearing shall proceed with the board’s representatives presenting their evidence and/or witnesses. The respondent may cross examine any witness. At the conclusion of the board’s presentation, the respondent will then be given an opportunity to present evidence or witnesses. The board’s representative may cross examine any witness. The Board Members may ask any questions they have of any witness during the hearing.
6.
At the conclusion of all presentations and arguments, the Board may vote to enter executive session to deliberate their findings and conclusions. The final vote shall be recorded for the record. During the executive session, members may request the director, other staff or witnesses to provide assistance or to review previous information on the record.
7.
During deliberations the Board shall first consider the factual charges against the officer/individual and determine if the information presented supports the charges. If the Board finds that one or more of the charges are supported, then the Board shall consider the appropriate sanction.
8.
The Board action shall be reduced to writing and entered into the written record of the proceedings. This record shall report the Board's findings of fact relative to each charge and the certification sanction by the Board.
K. The director shall notify the employing agency and the officer/individual in writing of the Board's decision. If the Board suspended or recalled the certificate, the notification shall advise the employer that no person shall serve as a law enforcement officer during a period when that person's certificate has been suspended, canceled or recalled in accordance with Mississippi Code Annotated, § 45-6-11 (3). L. An officer/individual aggrieved by the findings and order of the Board may file an appeal with the chancery court of the county in which the officer was employed. The officer/individual must submit written notice of the appeal and the appropriate venue to the Board within thirty days after the date of the Board's final order. Source: Miss Code Ann. § 45-6-7, 45-6-11
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Rule 4.4 Law Enforcement Code of Ethics 1.
This document is the recognized Code of Ethics for Law Enforcement agencies.
Law Enforcement Code of Ethics As a law enforcement officer, my fundamental duty is to serve mankind; 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 men to liberty, equality and justice.
I will keep my private life unsullied as an example to all; 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 in both my personal and official life, I will be exemplary in obeying the laws of the land 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, 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 86 of the police service. I will constantly strive trust to be held so long as I am true to the ethics to achieve these objectives and ideals, dedicating myself before God to my chosen profession...Law Enforcement.
History - Adopted - 10/1989; rev - 10/1991, 04/1997 01/1998, 11/2003, 09/2009 and 08/2020
Source: Miss Code Ann. § 45-6-7, 45-6-11
Part 301 Chapter 5: Compliance Monitoring and Noncompliance Rule 5.1 Purpose 1.
This section establishes the policy and procedures for compliance monitoring and for addressing any instances of noncompliance that may come to the Board's attention.
Source: Miss Code Ann. § 45-6-7 Rule 5.2 Policy 1.
The intent of the Legislature in enacting the Law Enforcement Officers Training Program (LEOTP) was clearly to establish standards for the selection and training of law enforcement officers as soon as possible upon beginning the officer's career. This action was for the benefit of all the people of the state in that trained officers could better meet the needs of a complex society. Due to that very complex nature of today's society, coupled with the everincreasing demands for the services of the law enforcement professional, the need for competent, capable and credible officers has never been greater. The issue of competence has become a hotly debated topic in the nation's courts as the incidence of litigation against law enforcement officers for negligence continues to rise unabated. To further exacerbate matters, law enforcement agencies, towns, cities, counties and even state levels of government are being named by litigants for negligence and violation of civil rights. Simply stated, the potential penalty for failure to do the right thing at the right time is so great that the state and local governments cannot afford to ignore the risks. In a large measure, training and standards reduce the risk potential for failure on the part of law enforcement officers. The Board's policy is to ensure that the established standards are enforced to the maximum extent practically possible and that officers receive needed training throughout their careers. As a part of ensuring that standards are met, the Board will strive to encourage agencies and officers to achieve compliance by utilizing every asset and resource available to the Board.
Source: Miss Code Ann. § 45-6-7 Rule 5.3 Procedures 87
1.
The primary tools the Board will use in compliance monitoring are the various forms discussed in the section of this manual concerning “Official Certification Forms”. These forms provide the Board information upon which to base decisions as to the eligibility of an applicant to become a law enforcement officer and the level of training required to meet or exceed the mandated requirement. The Board will use other sources of information as necessary to determine who is serving as a law enforcement officer and whether or not the individual is certified and thereby authorized to serve. B. Compliance shall be evaluated on both an individual and organizational basis. 1.
The individual must supply information to the Board through his employer. The employer must conduct a background investigation to verify the Board certification specifics (see the “Law Enforcement Application for Certification and Background Investigation Review” form Parts II and III). This information will be reviewed by the staff to determine eligibility and training. Random checks of the information will be conducted to obtain independent verification. Once the review is completed, the Board will inform the individual on the type of training required to obtain certification. The individual will have achieved compliance only after successful completion of the training and the Board's formal action of certification. Individuals must obtain certification within one year for full-time status and two years for part-time status after their date of hire.
2.
Law enforcement agencies must establish policy that ensures only authorized (certified) officers perform duties as full-time or part-time (including reserve and/ or auxiliary) law enforcement officers. In addition to this policy, the agencies must provide requested information to the Board on a timely basis. The probationary period should prove to be ample time to achieve certification for any officer. Delays in submitting required paperwork and procrastinating in completing required training can easily result in noncompliance. No provisions are provided to waive, excuse or nullify the requirement to achieve certification within the probationary period. Agencies who have officers who cannot achieve certification within the established time limit must reassign the affected individuals to other duties or terminate their employment.
B. The Board staff will make every reasonable effort to assist agencies in achieving compliance. The staff, the Board and the Law Enforcement Officers Training Program (LEOTP) exist to serve the needs of the law enforcement community. Hopefully, a spirit of understanding and cooperation will prevail in order that the law enforcement profession will continue to advance and obtain the recognition so richly deserved. The Board will strive to keep lines of communication open and provide assistance in overcoming problems with the certification process before the probation period expires, thereby avoiding serious problems requiring drastic measures. 1.
The staff will attempt to contact the agency head to resolve any conflicting information or problems with compliance.
88
2.
The heads of related agencies such as the mayor, Board of supervisors, etc., will be contacted as needed to resolve problems.
3.
Communication with agencies shall be in writing with additional backup communication through the use of telephone and staff visits.
C. In addition to the information on compliance that the staff discovers through routine monitoring, the staff receives information from a variety of other sources, such as the media and citizen complaints. Information that indicates a potential compliance problem will be reviewed to determine if further information is required. Before taking any action on such information, the staff will attempt to verify the information with the agency head involved. D. The Board will make every effort to identify the need for compliance and assist those agencies in meeting the requirements of the LEOTP prior to the expiration of the probation period. 1.
If the Board discovers that a violation of the Act has been committed (i.e. an individual performs law enforcement duties in excess of one year for full-time status and two years for part-time status from their date of hire without obtaining Board certification), the Board will notify the agency head in writing of their potential liability. The Board will further notify the State Auditor that public funds may have been paid out in violation of state law. A copy of this notification will be provided to the local executive officer.
2.
In addition to the above measures, the Board will not reimburse the training costs incurred by any agency who is not in compliance with the LEOTP or the provisions of this Policy and Procedures Manual. Simply stated, the payment of an officer's salary, who performs law enforcement duties in excess of a period of one year for full-time status and two years for part-time status without obtaining certification, is prohibited. Therefore, the Board cannot reimburse any cost of salary incurred, after the expiration of the probationary period, by an officer in training, even if the agency is otherwise in compliance.
E. In the event an agency disagrees with the Board as to the certification process pertaining to their organization, the agency is encouraged to submit a request in writing to have a representative appear before the Board at the next regularly scheduled meeting. History -
Adopted - 04/1988; rev - 04/1997, 07/1998, 07/2013 and 08/2020
Source: Miss Code Ann. § 45-6-7, 45-6-11
Part 301 Chapter 7: Standards for the Successful Completion of Law Enforcement Training 89
Rule 7.l Purpose 1.
This section establishes policy and procedures governing the standards to be used by accredited training academies in determining what constitutes successful completion of the Basic Law Enforcement Training Program. Source: Miss Code Ann. § 45-6-7 Rule 7.2 Policy 1.
The Board approved Basic Law Enforcement Training Course shall include classroom activity, fitness training and hands-on skill certification. A. Standards for successful completion of the course are as follows: 1.
An academic average score of seventy percent (70%),
2.
Physical fitness average score of seventy percent (70%),
3.
Firearms qualifying score of seventy-five percent (75%),
4.
Defensive driving average score of eighty percent (80%),
5.
Defensive tactics average score of eighty percent (80%), plus a Pass/Fail Practical Examination.
6.
And financial obligations paid in full by self-sponsored cadets.
B. Failure to meet these standards will render the student ineligible for certification as a law enforcement officer until the deficiency has been corrected. Students shall adhere to all academy rules and regulations throughout the training program. A serious breach of rules or other unacceptable conduct may result in dismissal from the training program. C. The Board has established performance objectives and a curriculum. Class schedules, planned instructors and any new instructor applications are to be submitted to the staff within ten working days to the beginning of the course. Any deviations from the curriculum must be reviewed by the staff and approved by the board. Curriculums that have prerequisites must be presented in the proper order. Any schedule changes must be reported in writing to the Board at the earliest opportunity (fax or e-mail), documented and maintained with the records of that course. A final schedule as amended with changes will be submitted with the final class roster and other end of course documents. 1.
Limited administrative time is provided in the schedule for testing and other needs. Any activity or presentation that is not directly related to the established curriculum or the bona fide business of the academy is prohibited. This specifically precludes any extemporaneous sales presentations for products or services, association membership drives, political speeches or other presentations from groups, 90
associations or individuals. While the students by nature form a convenient captive audience, their time is accounted for in the curriculum and nothing shall be added without prior approval. Academies may establish policy and allow presentations during scheduled free time provided that students clearly understand that their participation is voluntary. 2.
Student activities, work assignments or details shall be limited to those activities included and approved in the curriculum and those activities directly related to health, welfare and personal hygiene. Additional work assignments or details that are not related to training are prohibited. This specifically precludes using students in security or law enforcement details to augment a law enforcement agency, to provide facilities maintenance and repair beyond that required for health and welfare, grounds keeping and errands.
D. Participation in remedial training shall be documented and maintained as a part of the student record. No remediation shall take away from regularly scheduled training. Participation in remedial training shall be voluntary. Source: Miss Code Ann. § 45-6-7 Rule 7.3 Procedures 1.
This section establishes procedures governing the standards to be used by accredited training academies. A. Admission/enrollment procedure 1.
Each academy shall develop an admittance and enrollment procedure. This procedure must ensure that only those applicants who are of good moral character meeting Board standards and are physically and mentally fit are admitted to the academy.
2.
The academy may also include other qualifications for admittance to the training program consistent with the LEOTP and law.
3.
The academy shall provide the Board staff a preliminary roster (to include standby personnel) not later than 10 working days prior to the class start date. The Board staff will screen the list for LEOTP requirements. If any candidate does not meet the requirements, the Board staff will contact the agency and the academy to resolve the conflict.
4.
The academy shall provide the Board staff an updated entrance roster (if applicable), the student’s graded entrance fitness score sheet, and the original completed training packets not later than five working days after the class report date. The candidate’s NCIC report, certificate of high school/GED completion and verification of First Aid/CPR certification must be attached. All conflicts or 91
missing information in these packets must be resolved. If any candidate does not meet the requirements, the Board staff will contact the agency and the academy to resolve the conflict. 5.
Any law enforcement officer who is refused admittance to the academy will be given an impartial hearing at the academy. If the officer is aggrieved of this hearing, they may request a hearing before the Board as per established procedure for revocation/refusal to certify.
Any student who is dismissed or voluntarily withdraws from an academy may be eligible for re-admittance to training as set forth in the procedures section Chapter 7, Rule 7.3, Section 1, Subsection A above. Once a student begins training within an academy, that academy becomes the academy of record. Students must complete their training within their academy of record to obtain certification. In most cases, students shall not be readmitted to any academy other than the academy of record from which the student withdrew.
2.
Academy directors may grant a training release provided that the academy of record cannot accommodate the student within the probationary period. Directors may release students who withdraw from their academy of record due to a documented medical problem, death in the immediate family, mandated service in a state or national emergency or other compelling reason as determined by the academy director. The director shall provide a copy of the written release to the board staff and to the student.
C. Academic students must achieve a final academic score of seventy percent (70%) to successfully complete the basic course. 1.
The academies shall develop a test plan to evaluate the student's retention of knowledge through the administration of appropriate examinations. The test plan must be a part of the academy rules and regulations which are submitted to the Board. Academic standing must be computed on a weekly basis in order to provide timely feedback to the student. The exams may be written, hands-on, or a combination of the two types. The academy shall establish, in the plan, individual test weights, a student ranking system and a policy on final examinations. The plan must ensure re-dress of missed questions and/or incorrect procedures for each student. The academy shall maintain a sample in the academy files of each test administered during the course.
2.
For the purpose of figuring academic standing, the student will be examined a minimum of once a week. The academy staff will use this cumulative average to identify students who are experiencing difficulty. Those students having an academic average below 70% should be given assistance in the form of counseling by staff members, enforced study time, involvement in a student study group, extra 92
help sessions with instructors and the like. All of this effort will be directed toward making the student academically self-sufficient as early as possible in the training program. 3.
Any student who fails to achieve a final academic average of 70% will not be allowed to graduate from basic training. Any student who appears to be failing academically, as evidenced by an average below 70% at any time after the second week of training, will be placed on academic probation.
4.
Academic probation will operate as follows, depending upon when the student's average drops below 70%. a.
During the first four weeks of training 1.
The student will be placed on academic probation for two weeks. Students and their department head will be informed of the problem.
2.
If the student's average remains below 70% during those two weeks of probation, the student will normally be dismissed from training, except as provided in Chapter 7, Rule 7.3, Section 1, Subsection (c), Paragraph 4, and Subparagraph (a), Clause (3) below.
3.
The student who has failed to successfully remedy the academic insufficiency during probation will be allowed to stay in training only if:
b.
5.
a.
Substantial progress has been made in bringing the average near 70%;
b.
It appears reasonable that the student may succeed academically if given additional time to conform to the academic standard; and
c.
The department head specifically requests that the student be allowed to continue to train.
After the first four weeks of training 1.
The student will be placed on academic probation for one week if the department head agrees to allow the student to continue to train.
2.
The student who corrects the deficiency within one week will be allowed to continue to train. The student who fails to bring this average above 70% will be subject to dismissal except as provided in Chapter 7, Rule 7.3, Section 1, Subsection (c), Paragraph 4, and Subparagraph (a), Clause (3) above.
Students who are dismissed from an academy for academic reasons may 93
re- enroll in the next available class presented by the original academy. D.
Scoring Procedures
1.
All events shall be scored under supervision of the academy staff using proscribed procedure.
2.
Students shall be given feedback on their performance for every graded event. Missed or incorrect answers shall be covered with each student.
3.
All scores shall be reported to the Board rounded to the nearest whole number. Fractions of one-half or more shall be rounded up to the next nearest whole number. For example, 78.5 would be reported as 79 and 78.4 would be reported as 78.
4.
Students shall appeal a score to the assigned instructor. Further appeal shall be before an impartial review board established by the academy.
E.
Firearms
1.
Students must achieve a final score of seventy-five percent (75%) on the approved courses of fire to successfully complete the basic course. The passing score of the approved course of fire shall be averaged with other scores recorded during firearms training to determine the students overall score. A final average score of seventy-five percent (75%) must be achieved to successfully complete the basic course. Any student who fails to achieve a passing score on the first attempt shall be given remedial training and not more than five attempts at passing firearms. Although there are numerous opportunities to practice this critical skill at the academy during the scheduled firearms training, agencies should diagnose each candidate's marksmanship ability prior to attendance at the basic course. Candidates who have difficulty achieving acceptable scores should seek additional practice/instruction prior to arrival in the basic course.
2.
Emphasis will be placed on the principles of handgun and shotgun shooting and firearm safety.
F.
Board Approved Firearms Qualification Course
1.
The weapon is a duty revolver or semi-automatic pistol. See Section (C) of Chapter 10 for the approved target list and scoring procedure. This is a 50 round course using duty ammunition or equivalent. The start position is loaded handgun in secured holster. All firing is two-handed standing unless noted otherwise. The initial loading procedure for semi-automatic handguns is to load with full magazine, magazine number two loaded with 5 rounds and all other magazines loaded to capacity. The initial loading procedure for revolvers is to load with 6 rounds. All speed loaders, speed strips, ammunition pouches, or loops loaded to 94
capacity. All reloading must be from secured ammunition pouch. No reloading commands will be given. Ammunition management is the responsibility of the shooter after Stage II. Shooter is responsible for speed reloading or tactical reloading in order to maintain a loaded handgun. Running out of ammunition during a stage is not a valid excuse. Rounds not fired are scored as misses. a.
STAGE 1 3 Yard Line, on command, draw and fire 2 rounds weapon hand only in 3 seconds. On completion of time, scan and holster. Repeat two additional times. Total of 6 rounds. Note: After Stage 1, weapon will be loaded with 6 rounds only. Semi-autos will be loaded with the 5 round magazine.
b.
STAGE 2 5 Yard Line, on command, draw and fire 6 rounds weapon hand only and reload in 14 seconds. (Mandatory speed reload). On completion of time, scan and holster. Total of 6 rounds.
c.
STAGE 3 5 Yard Line, on command, shooter will draw and transfer handgun to support hand and remain at the ready position for the next string. On command, fire 6 rounds support hand only in 6 seconds. On completion of time, scan and holster. Total of 6 rounds.
d.
STAGE 4 5 Yard Line, on command, draw and fire 2 rounds center mass and 1 round within the head in 4 seconds. On completion of time, scan and holster. Repeat one additional time. Total of 6 rounds.
e.
STAGE 5 7 Yard Line, on command, draw and fire 2 rounds in 3 seconds. On completion of time, scan and holster. Repeat two additional times. Total of 6 rounds.
f.
STAGE 6 15 Yard Line, on command, draw and fire 3 rounds standing, drop to a kneeling position and fire 3 additional rounds in 12 seconds. On Completion of time, scan, stand, scan and holster. Repeat one additional time. Total of 12 rounds.
g.
STAGE 7 25 Yard Line, if range has barricades, they will be used as simulated cover for this stage. Barricades may not be used for support. On command, draw and fire 4 rounds standing and 4 rounds kneeling in 45 seconds. On completion of time, scan and holster. Total of 8 rounds.
G.
Physical Activities
1.
Immediately following academy registration activities, all students will participate in a physical fitness evaluation. Each student must demonstrate an acceptable level of fitness, fifty percent (50%) in each event, to remain in the program. This fitness evaluation at the outset of the training program will ensure that all students have a 95
suitable level of fitness to participate in all the physical activities in the training program, reduce injuries and optimize successful completion of the fitness program. 2.
The academy shall conduct physical fitness training at regular intervals (i.e. alternating sessions) during the course. Students are expected to perform at the pace set by the conditioning instructor. Performance of students shall be monitored and students who are not able to meet the pace will be given counseling and extra conditioning periods. The academy shall designate the time and location where individuals enrolled in the program shall conduct additional fitness training. Apathy toward the physical fitness program, as demonstrated by consistent failure to perform at the pace set by the instructor or to fail subsequent fitness tests shall be considered misconduct and subject to disciplinary procedures. The student will be given two diagnostic fitness tests, one at approximately one third and the second at two thirds of the class length. The agency head must inform the academy if the student is to be allowed to continue to train.
3.
In the final week of training, the academy will administer the physical fitness test. The student must obtain a minimum score of 70% on each event in the test. The student will be given no more than three opportunities to pass the test during the last week of training.
4.
Any enrolled student who cannot complete the fitness program due to an illness, injury or other event beyond their control may submit any previous passing score (seventy percent - 70%) on either the entrance fitness evaluation or a diagnostic fitness test to fulfill the requirements of the program. To receive this credit, students must not exceed the maximum allowance of five percent (5%) for excused absences. Further, each student must satisfy the academy and board that the illness, injury or event was not caused due to willful misconduct or negligent activity. Any illness or injury must be documented by appropriate treatment records submitted by licensed health care professionals. Any student who suffers an illness or injury that would result in a permanent condition that would prevent further participation in any fitness testing must undergo a fitness for duty evaluation. The evaluation must establish that the officer is capable of performing all the essential functions of the position. The record must clearly indicate the student’s condition, illness or injury and state limitations for activity. Other events must be documented by the student’s department and submitted to the academy for a decision under this program. If a student had not successfully completed a fitness test prior to the injury or illness, the student may be retested sixty days after release from medical treatment including any periods of therapy.
H.
Conduct
1.
Every accredited training academy shall promulgate a set of written rules and regulations governing the conduct of students who are at the academy for basic training. A copy of the rules and regulations will be submitted to the Board for 96
approval. The written rules and regulations must be given to the students at the beginning of the training class. The rules and regulations should set forth acceptable and unacceptable conduct and should describe the disciplinary action which may be imposed for violation of the rules and regulations. 2.
Student conduct which is a serious breach of the written rules and regulations may result in dismissal. However, prior to dismissal for disciplinary reasons, a student should be afforded the opportunity to have a hearing before an impartial review board. The composition of that board should be indicated in the rules and regulations along with notification of the procedure to be followed by the academy director and the accused student. The review board makes a recommendation to the academy director, whose decision is then final.
3.
A student who has been previously dismissed from basic training for disciplinary reasons may be considered for admittance to a future training class. When readmittance is requested by a dismissed student, the academy director must consider all pertinent factors such as the reason for prior dismissal, length of time since prior dismissal, character of the offense, and any other aggravating or mitigating circumstances. The academy director's decision to deny re-admittance may be appealed to the Board by the student's department head.
I.
Skill Certification Courses 1.
In addition to firearms, the basic law enforcement curriculum contains other skill courses. A student must demonstrate proficiency in Defensive Driving and Defensive Tactics (Mechanic of Arrest). Students must score an average of eighty percent (80%) on each of the aforementioned skill areas to successfully complete the basic course. In addition, students must successfully complete (pass/fail) the Defensive Tactics Practical Exercise.
2.
Students who fail their first attempt on defensive driving shall be afforded one opportunity to retest the written portion and not more than six practice runs and three tested runs for score. Students who fail defensive tactics shall be given one additional attempt on the written or practical portions of the exam.
3.
Intoxilyzer is an additional specialized skill.
NOTE: No student is excused from any part of the basic course regardless of whether he or she is authorized to use any of the aforementioned skill areas. Successful basic course candidates are certified as professional law enforcement officers in the State of Mississippi and as such, they have a need to know these common law enforcement skills. 4. As a practical matter, every student should be able to achieve an acceptable performance level in the intoxilyzer skill area. When a student is not able to demonstrate proficiency, that student's permanent record will reflect that fact. This 97
failure will not prevent successful completion of the basic course and certification. However, the academy will notify the student's agency head of the insufficiency so that the student might seek additional training in that particular skill. Agencies should carefully consider an officer's lack of expertise in a given skill prior to assignment of any responsibilities in that area. J.
Additional Testing - Any student who should fail firearms, defensive tactics, defensive driving, or physical fitness will be given an opportunity to complete the rest of the course. However, no student shall be given credit for successful completion of the course until any and all failures have been corrected. No student, upon failure of the aforementioned areas, shall be permitted to perform any law enforcement duty in any full-time, part-time, reserve/auxiliary basis until that failure has been corrected. 1.
Students shall be given two (2) opportunities, within three (3) months after the completion of the academy, to correct any deficiencies. The deficiency must be corrected at the academy in which the student was enrolled. Should any student fail to correct a deficiency within the three (3) month period the student will be required to repeat the entire course. Students must achieve a passing score in each event included in the test to successfully complete the test. The academy must submit the results of the test to the Board within five (5) working days from the date(s) of the test.
2.
The academy director shall provide reasonable opportunity to correct any deficiency however any such opportunity shall be at the director’s election as to time and place. Further, no student shall be allowed further attempts to correct a deficiency without documentation of remedial training. Such documentation shall be signed by the department head or supervisory personnel and the content shall be reviewed by the academy director for adequate scope and content of the remedial training.
3.
The academy director shall charge a reasonable fee for each opportunity given for re-tests to recoup their administrative costs associated with the management and retesting of applicants. No retesting fees shall be authorized for reimbursement under the LEOTP nor shall any reimbursement be made for failed training.
K. Every student who successfully completes the training program will receive a certificate, signed by the academy director and other appropriate officials, which evidences successful completion of the academy. L. Within ten (10) working days of the completion of the class, the academy must send a copy of the certificate, the student’s final grades, and the final graded fitness score sheet to their department and to the Board. The final roster of students completing the class and their class ranking, written documentation of any student failure, dismissal, or withdrawal with reason from the academy must be submitted to the Board within ten (10 working days after completion of the class. 98
History - adopted - 07/1981; rev – 04/1988, 10/1990, 11/1993, 01/1995, 11,1995, 07/1996, 11/1997, 07/1998, 09/2000, 11/2003, 09/2004, 11/2007, 05/2009, 07/2013, 09/2015, 03/2017 and 08/2020
Part 301 Chapter 9: Certification Based on Equivalency of Training and Refresher Training Rule 9.1 Purpose 1.
This section establishes policy and procedures governing the certification of law enforcement officers’ procedures to review the record of those officers whose certification has lapsed and those officers who have training and experience in another jurisdiction (i.e., federal service). The Board will establish procedures to verify such applicants can demonstrate an adequate degree of knowledge, skills and abilities to perform the essential functions of the job.
Source: Miss Code Ann. § 45-6-7 Rule 9.2 Policy 1.
The Board shall evaluate each applicant's documented record of experience, education and training. The accomplishments in each area shall be weighed to compare the applicant's credentials with the current standards for professional certification. A. The certification status of any law enforcement officer shall lapse after a break in service of more than two years. Time of Service will be determined by official Board records (applications, rosters). 1.
Officers, certified in this state, who have had basic as in Chapter 9, Rule 9.2, Subsection-C and meet the employment guidelines, with a break in service of more than two (2) years, are required to complete the hands-on skill tests and law courses of the refresher course and provide verification of First Aid/CPR certification to restore their certification. The skill tests and law courses must be completed within one year for full-time status and two years for part-time status of their date of hire. The skill tests must be conducted by a certified instructor or at a Board accredited academy. The law courses must be conducted at a Board accredited academy.
2.
Officers, certified in this state, who have had basic as in Chapter 9, Rule 9.2, Subsection-C and meet the employment guidelines with a break in service of five (5) years or more are required to complete the refresher course and provide verification of First Aid/CPR certification to restore their certification. The refresher course must be conducted at a Board accredited academy within one year for full-time status and two years for part-time status of their date of hire. 99
B. All transfer applicants from another state jurisdiction that meet the employment guidelines applying for certification under Equivalency of Training must have completed training and the required on the job training as defined in Chapter-9, Rule 9.2, Subsection-C. Applicants who were excluded or "grand-fathered" under the provisions of another state are not eligible for any exclusion in Mississippi. All individuals applying for certification under this chapter from federal jurisdictions must have completed a law enforcement training program as defined in Chapter-9, Rule 9.2, and Subsection-C. Transfer applicants are required to complete the refresher course and provide verification of First Aid/CPR certification to receive certification. The refresher course must be conducted at a Board accredited academy within one year for full-time status and two years for part-time status of their date of hire. C. Officers must have successfully completed an acceptable basic law enforcement training course to be eligible for certification based on equivalency of training. Officers who have not met this requirement must complete the basic course to obtain certification. 1.
An acceptable basic law enforcement training course shall be defined as: a.
One that meets an approved state standard for mandated training which leads to certification as a law enforcement officer. In addition to having completed a state approved basic course, officers whose total basic course hours are below the hours of the Mississippi curriculum, must also have completed on the job training consisting of at least six months of full-time law enforcement experience in the same jurisdiction wherein the training was completed;
b.
A basic course, equivalent to the Mississippi curriculum, sponsored by a federal agency for its law enforcement officer;
2. In situations where the course predated state statutory requirements for law enforcement training or the course was administered by a federal jurisdiction, the course curriculum will be compared to the Mississippi curriculum. Basic law enforcement training courses which were conducted by the former Mississippi Game and Fish Commission or the Mississippi Bureau of Narcotics prior to the enactment of the Law Enforcement Officer Training Program shall be acceptable for purposes of granting equivalency. 3. The Board staff will review the actual basic course completed. Courses will be compared to the curriculum offered during the same period in this state. In addition to the courses listed, the staff will review the standards for successful graduation, the duration of the course and the training delivery method. The course must equal or exceed our existing standards to be considered an acceptable course. 4. Acceptable courses include written and hands-on examinations. Candidates must have passed all course requirements or achieved a minimum score of seventy 100
percent (70%), whichever is higher. D. Any officer, certified in this state, whose break in service was due to service in a closely related criminal justice position may restore their certification by completing the handson skill tests and law courses of the refresher course. Once an officer has been deemed eligible for the skill tests and law courses, the department head will be notified by the Board. 1.
2.
Applicants must have: completed the basic course as in Chapter-9, Rule 9.2, Subsection-C above, met the current employment guidelines and completed each of the hands-on skill tests and law courses and provide verification of First Aid/CPR certification within one year for full-time status and two years for part-time status of their date of hire. The skill tests must be conducted by a certified instructor or at a Board accredited academy. The law courses must be conducted at a Board accredited academy. Academies and instructors must review the Board’s notice that the student is eligible for the skill tests and law courses. The skill tests are: a.
Firearms,
b.
Defensive Driving and
c.
Mechanics of Arrest
Applicants must have served in a full-time capacity in one of the following positions (or other position as approved by the Board): a.
As an instructor in a Board-approved academy, instructor or student in criminal justice (or related subject area) at an institution of higher learning,
b.
Or as an investigator for a district attorney, or investigator for a state level agency responsible for enforcing criminal statutes,
3. Applicants must have served in a part-time law enforcement position in this state.
E. Any officer, certified in this state, whose break in service was due to serving as a law enforcement officer in another state or federal jurisdiction may restore their certification. Eligible officers need only complete the hands-on skill tests and law courses of the refresher course and provide verification of First Aid/CPR certification within one year for full-time status and two years for part-time status of their date of hire. The skill tests must be conducted by a certified instructor or at a Board accredited academy. The law courses must be conducted at a Board accredited academy 1.
Applicants must have completed the basic course as in Chapter-9, Rule 9.2, Subsection-C above and met the current employment guidelines.
101
2.
Applicants must have served in a full-time capacity as a law enforcement officer in one of the following positions (or other position as approved by the Board): a.
A municipal police officer, county deputy sheriff or other law enforcement officer appointed or employed full-time in a recognized political subdivision of any state, province or territory of the United States of America who is vested with the authority to bear arms, make arrests and has as their primary duty the prevention and detection of crime, the apprehension of criminals and the enforcement of criminal and traffic laws of the political subdivision.
b.
Any person currently or formerly classified under the GS-1811 series or any uniformed federal law enforcement officer who is: appointed or employed full-time by the United States Department of Justice or its law enforcement subdivisions, the Department of Defense or its recognized military service branches, the Department of the Interior, the Department of the Treasury or its law enforcement subdivisions, or the District of Columbia; and/or who is vested with the authority to bear arms, make arrests, and has as their primary duty the prevention and detection of crime, the apprehension of criminals, and the enforcement of criminal and traffic laws of the United States of America.
F. The Board shall establish the acceptable curriculum and training delivery methods for the refresher course. 1.
Any Board accredited training academy may present the refresher course curriculum. With prior Board approval, academies may tailor the curriculum delivery to that method best suited for their service area. Training standards shall also include certified instructors, record keeping and testing. Academies must review the Board’s notice that the student is eligible for the refresher course.
2.
Should agencies decide to integrate refresher course students into existing basic course classes, the refresher student shall be expected to complete the entire module to obtain credit for the refresher curriculum.
3.
The academy shall provide the Board staff a preliminary roster, class schedules with planned instructors, and any new instructor applications not later than 10 working days prior to the class start date.
4.
The academy shall provide the Board staff an updated entrance roster (if applicable), the student’s graded entrance fitness score sheet, and the original completed training packets not later than five working days after the class report date. The candidate’s NCIC report, certificate of high school/GED completion and verification of First Aid/CPR certification must be attached. All conflicts or missing information in these packets must be resolved before process can be completed.
102
5.
Within ten (10) working days of the completion of the class, the academy must send a copy of the certificate, and the student’s final grades to their department and to the Board. The final roster of students completing the class, written documentation of any student failure, dismissal, or withdrawal with reason from the academy must be submitted to the Board within ten (10) working days after completion of the class.
6.
Any schedule changes must be reported in writing to the Board at the earliest opportunity (fax or e-mail), documented and maintained with the records of that course. A final schedule as amended with changes will be submitted with the final class roster and other end of course documents.
G. Standards for successful completion of the Refresher Course are: 1.
An average academic score of 70%
2.
A firearms qualifying score of 75%
3.
A defensive driving score of 80%
4.
A mechanics of arrest score of 80%
5.
A physical fitness entrance score of 50%
6.
Provide verification of First Aid/CPR certification
7.
Financial obligations paid in full by self-sponsored cadets.
H. The Refresher Course is administered as a whole unit of training. The entire course must be completed satisfactorily to obtain certification. No credit will be given for partially completed training. In addition to the course standards, all students must adhere to all academy rules and regulations. I.
It is incumbent upon the law enforcement agency to ensure that all officers obtain certification. Employers should ensure that all applications for certification are submitted on a timely basis. Once the staff has provided instructions for the certification of a particular officer, employers should encourage their personnel to attempt testing/enrolling in training programs so that each officer will be assured of completing any and all requirements within the time period.
Source: Miss Code Ann. § 45-6-7 Rule 9.3 Procedure
103
1.
All procedures applicable to certification for newly employed officers must be followed in seeking certification based on equivalency and refresher course training. In addition to the forms required for the certification process, the employer shall provide documentation of law enforcement training (copies of certificates, etc.). The board staff will authenticate all documents submitted to the board from other jurisdictions. The employer shall be prepared to submit the curriculum for training completed in another jurisdiction. The staff will request curriculums as needed for the Board files. Once an officer has been deemed eligible to attend the refresher course, the department head will be notified by the Board. The training packet must then be completed and submitted to the assigned academy. A. The students will be evaluated by the administration of written examinations. Any student who fails to achieve a final academic average of at least seventy percent (70%) will not graduate. Any student who becomes mathematically eliminated during training will be academically dismissed. Any student who fails will be eligible for re-admittance only to the academy where training was given. B. Any student who does not achieve a score of at least seventy-five percent (75%) on the firearms portion of training will not graduate from the course. The skill areas of defensive driving, and mechanics of arrest require scores of eighty percent (80%) to graduate. An entry physical fitness test will be administered upon reporting for training and will determine whether a student can remain in the program. This test is an eligibility requirement. A passing score of fifty (50%) must be achieved. Those students who fail the examination must leave the academy. They may, however, resubmit their application to attend a future training class. The test is comprised of three components: agility run, push-ups, and a 1½ mile run. C. Students shall be afforded excused absences for not more than five percent (5%) of the scheduled training. Students enrolled as a refresher student in a basic course may be given not more than two scheduled opportunities to complete a required class. Students who miss more than the five percent (5%) or fail to attend a scheduled class two times, shall be dismissed. D. Every training academy shall promulgate a set of written rules and regulations governing the conduct of students who are at the academy for refresher training. A copy of the approved rules shall be made available to the student at the beginning of training. Student misconduct may result in a dismissal. Prior to dismissal for disciplinary reasons, students will be afforded the opportunity to have a hearing before an impartial review board. The review board will make a recommendation to the academy director whose decision is then final. Students may be re-admitted only to the same academy. The academy director will weigh the circumstances and decide whether to re-admit the student. The director's decision may be appealed to the Board by the student's agency head.
History - adopted - 10/1984; rev - 10/1991, 07/1993, 01/1996, 07/1997/1998/2000/2004, 11/2007, 09/2010, 07/2013, 09/2014, 09/2015, 03/2017, 11/2017, 01/2018, 05/2018, 05/2019 and 08/2020 104
Source: Miss Code Ann. § 45-6-7
Rule 9.4 Refresher Training Curriculum 1.
This document describes the 200-hour Refresher Training Curriculum for all Mississippi Law Enforcement Officers.
2.
Mississippi Vehicle Law and Enforcement 9. Traffic Crash Investigation
16
10. Mississippi Motor Vehicle Law and Enforcement
4
13. DUI Law, Detection and Field Sobriety
10
POLICE DEFENSIVE TACTICS 15. Officer Safety - Mechanics of Arrest, Restraint and
16
Control 16. Use of Force
3.
4
21. Firearms Training
4.
25. Emergency Vehicle Driver Training 12 5.
INVESTIGATIVE PRACTICES 22. Crime Scene Processing
6.
2
105
26. Identification and Handling Drugs
7.
8.
9.
6
CRIMINAL LAW AND PROCEDURES 28. Constitutional Law; Search and Seizure; Laws of Arrest
8
29. Mississippi Criminal Law
16
30. Mississippi Juvenile Law - Dealing with Juveniles
2
31. Courtroom Procedures and Rules of Evidence
1
32. Courtroom Testimony, Demeanor and Mock Trial
1
8. Civil Liability
2
CRIMINAL INVESTIGATION 33. Principles of Criminal Investigation
2
36. Domestic Violence Response
16
REPORT WRITING 37. Report Writing, Note Taking and Case Preparation
10.
2
PATROL OPERATIONS 38. Patrol Concept, Preparation and Techniques; Calls for
8
Service; Crimes in Progress
11.
12.
39. Active Shooter
16
41. Civil Complaints and Service Calls
22
44. Bias Based Profiling
2
HOMELAND SECURITY 45. Introduction of Homeland Security and ICS
1
46. Human Trafficking
2
106
17. Human Behavior/Interpersonal Communications 18. Law Enforcement and Citizens with Special Needs 19. Conflict Management 13.
4 4 4
1
Total
200
History - adopted - 10/1984; rev - 12/1989, 11/2015, 11/2017, 01/2018, 07/2019 Source: Miss Code Ann. § 45-6-7 Part 301 Chapter 10: Continuing Education and Course Certification Rule 10.1 Purpose 1.
This chapter defines advanced training for purposes of administration of the law enforcement officer training program and provides instructions for completion and submission of related documents.
Source: Miss Code Ann. § 45-6-7, 45-6-19, 25-3-25 Rule 10.2 Policy 1.
The enabling legislation provides that the activities of law enforcement officers are of such nature as to require selection, education and training of a professional nature upon entrance and during the careers of such officers. Beginning in 2004, the Legislature enacted specific requirements for certain law enforcement officers to complete continuing education. This chapter shall focus on the continuing education and training during the careers of law enforcement officers training during the careers of law enforcement officers. A. Continuing education requirements for municipal police chiefs and municipal officers. 1.
The chief of police of any municipality in the State of Mississippi is required to annually complete twenty (20) hours of executive level continuing education courses and any new chief of police having never previously served in that capacity, is required to complete forty (40) hours of executive level continuing education courses for his first year of service which are approved by and reported to the Mississippi Board on Law Enforcement Officers Standards and Training. Elected chiefs, although exempt from certification requirements, are not exempt from continuing education requirements.
2.
Any police officer of any municipality in the State of Mississippi is required to annually complete a specified number of hours of continuing education courses 107
which are approved by and reported to the Mississippi Board on Law Enforcement Officers Standards and Training. The following number of hours of continuing education courses is required for municipal police officers based upon the number of years following July 1, 2004: a.
0-2 years after July 1, 2004 ........8 hours of annual training
b.
3-4 years after July 1, 2004 .......16 hours of annual training
c.
5 or more years after July 1, 2004 …..24 hours of annual training.
B. Any chief of police or municipal police officer who fails to comply with the provisions of this section shall be subject to having his/her certification as a chief of police or municipal police officer revoked by the Mississippi Board on Law Enforcement Officers Standards and Training, in accordance with Section 45-6-11. Failure to complete and/or report the training will place the agency on administrative hold. The Board shall notify the State Auditor’s Office and the appropriate District Attorney or County Attorney of all noncompliance. C. The Mississippi Board on Law Enforcement Officers Standards and Training is authorized to institute and promulgate all rules necessary for considering the revocation of any municipal chief of police or municipal police officer who does not comply with the provisions of this section, and may grant, for sufficient cause shown, an extension of time in which compliance with the provisions of this section may be made. D. Any chief of police or municipal police officer who is aggrieved by any order or ruling made under the provisions of this section has the same rights and procedure of appeal as from any other order or ruling of the Mississippi Board on Law Enforcement Officers Standards and Training. E. Beginning in July, 2014, all sheriffs are required to annually complete twenty (20) hours of continuing education courses in law enforcement. Such courses shall be approved by the Mississippi Board on Law Enforcement Officer Standards and Training. F.
Continuing Education shall be defined as; instruction that enhances or develops law enforcement Knowledge, Skills or Abilities (KSA’s) for either generalized or specialized law enforcement essential functions as determined by the Board. The Board shall conduct ongoing assessments of KSA’s to determine the critical needs wherein agencies and individual officers would most benefit from programs.
G. Continuing Education Planning and Budgeting - The Board shall develop and implement a process each fiscal year to approve advanced training for law enforcement professional associations. Law enforcement professional associations approved for advanced training by the Board include the Mississippi Constable’s Association, Mississippi Association of Chiefs of Police, and the Mississippi Sheriff’s Association. 108
These associations may provide critical needs continuing education, executive and leadership advanced training. Any reimbursement of training expenses will be authorized only for those agencies and subdivisions of the state who are in compliance with all provisions of the Law Enforcement Officers Training Program (LEOTP) to include those policies and procedures established by the Board on Law Enforcement Officer Standards and Training pursuant to the LEOTP. Source: Miss Code Ann. § 45-6-7, 45-6-19, 25-3-25 Rule 10.3 Procedures 1.
All participating agencies included under the LEOTP as described in this manual shall follow these steps in submitting required forms: A. Law Enforcement Course Certification Request - This form is used to request approval from BLEOST to conduct advanced training courses. The Course Certification Request form is to be completed and submitted by the course coordinator to BLEOST. 1.
Training providers may submit the Course Certification Request to obtain recognition of training, credit for elective training toward a legislative mandate, or to meet one or more requirements of the annual continuing education plan. Providers must agree to maintain required documentation in a digital format approved by the Board including the student record, class record and training records.
2.
Course Certification Request forms shall include all requested information including course learning objectives that are linked to the essential functions established by the board. Teaching methodologies must include interactive learning activities such as scenario training. All approved training must have an assessment component which must include written or hands on demonstration of meeting the learning objectives for every participant.
B. Law Enforcement Course Evaluation Instrument - This form must be completed by all course attendees and returned to BLEOST. This questionnaire is a primary means used by BLEOST to gather information to assist in maintaining high quality courses. C. Law Enforcement Course Roster - The Course Roster form is to be completed and submitted by the course coordinator to BLEOST within ten working days following completion of the course. In addition to the printed roster, the Board may require submission of electronic data base information. The roster shall also include appropriate reimbursement worksheets to facilitate payment. 2.
Law Enforcement Officer Firearms Standard for Active Duty and Off-Duty/BackUp Handgun - The State standard for law enforcement officer annual firearm training for all active duty and off-duty/back-up handguns is as follows: 109
A. Active Duty Board Approved Firearms Qualification Course. 1.
The weapon is a duty revolver or semi-automatic pistol. See Section (C) of Chapter 9 for the approved target list and scoring procedure. This is a 50 round course using duty ammunition or equivalent. The start position is loaded handgun in secured holster. All firing is two-handed standing unless noted otherwise. The initial loading procedure for semi-automatic handguns is to load with full magazine, magazine number two loaded with 5 rounds and all other magazines loaded to capacity. The initial loading procedure for revolvers is to load with 6 rounds. All speed loaders, speed strips, ammunition pouches, or loops loaded to capacity. All reloading must be from secured ammunition pouch. No reloading commands will be given. Ammunition management is the responsibility of the shooter after Stage II. Shooter is responsible for speed reloading or tactical reloading in order to maintain a loaded handgun. Running out of ammunition during a stage is not a valid excuse. Rounds not fired are scored as misses. a.
STAGE 1 3 Yard Line, on command, draw and fire 2 rounds weapon hand only in 3 seconds. On completion of time, scan and holster. Repeat two additional times. Total of 6 rounds. Note: After Stage 1, weapon will be loaded with 6 rounds only. Semi-autos will be loaded with the 5 round magazine.
b.
STAGE 2 5 Yard Line, on command, draw and fire 6 rounds weapon hand only and reload in 14 seconds. (Mandatory speed reload). On completion of time, scan and holster. Total of 6 rounds.
c.
STAGE 3 5 Yard Line, on command, shooter will draw and transfer handgun to support hand and remain at the ready position for the next string. On command, fire 6 rounds support hand only in 6 seconds. On completion of time, scan and holster. Total of 6 rounds.
d.
STAGE 4 5 Yard Line, on command, draw and fire 2 rounds center mass and 1 round within the head in 4 seconds. On completion of time, scan and holster. Repeat one additional time. Total of 6 rounds.
e.
STAGE 5 7 Yard Line, on command, draw and fire 2 rounds in 3 seconds. On completion of time, scan and holster. Repeat two additional times. Total of 6 rounds.
f.
STAGE 6 15 Yard Line, on command, draw and fire 3 rounds standing, drop to a kneeling position and fire 3 additional rounds in 12 seconds. On Completion of time, scan, stand, scan and holster. Repeat one additional time. Total of 12 rounds. 110
g.
STAGE 7 25 Yard Line, if range has barricades, they will be used as simulated cover for this stage. Barricades may not be used for support. On command, draw and fire 4 rounds standing and 4 rounds kneeling in 45 seconds. On completion of time, scan and holster. Total of 8 rounds.
B. Off Duty/Backup Board Approved Firearms Qualifications Course 1.
The weapon is a handgun used for off-duty/backup (ONLY). See the approved target list and scoring procedure in Section (C) of Chapter 9. This is a 25 round course using approved ammunition. All stages are from holster, two-handed standing firing position unless noted otherwise. The loading procedure is 5 rounds unless otherwise directed by the Firearms Instructor. A final score of seventy-five percent (75%) must be achieved to successfully complete the course. a.
STAGE 1 3 Yard Line, draw and fire 2 rounds weapon hand ONLY. Time limit is 3 seconds. Draw and fire 3 rounds weapon hand ONLY. Time limit is 4 seconds. Total of 5 rounds.
b.
STAGE 2 3 Yard Line (Disabled hand drill), when instructed, shooter will draw, transfer handgun to support hand and remain at the ready position for the next string. (To simulate that weapon hand is disabled). On command, fire 5 rounds support hand ONLY. Time limit is 5 seconds. Total of 5 rounds.
c.
STAGE 3 5 Yard Line, draw and fire 5 rounds standing. Time limit is 6 seconds. Total of 5 rounds.
d.
STAGE 4 7 Yard Line, draw and fire 3 rounds standing. Time limit is 5 seconds. Draw and fire 2 rounds standing. Time limit is 4 seconds. Total of 5 rounds
e.
STAGE 5 10 Yard Line, draw and fire 2 rounds standing. Time limit is 5 seconds. Draw and fire 3 rounds standing. Time limit is 6 seconds. Total of 5 rounds.
C. Approved Target List and Scoring Procedures 1. Values on all targets: Regardless of target type, rounds breaking a scoring line count the lesser value. Rounds breaking the edge of the silhouette are scored as a miss. For the Off-Duty/Backup Qualification course point values will be double a.
Target B-27 (All Versions). Hits inside 8 ring counts 5 points, hits inside 7 ring counts 4 points, and hits outside 7 ring and in black count 3 points. Multiply total number of points by .4 for score.
111
b.
Target TQ-19 (All Versions). Hits inside center mass and head area count 2 points and hits on other area of the silhouette count 1 point. c.
2.
History -
Target TQ-21 (All Versions). Hits inside center mass and head area count 2 points and hits on other areas of the silhouette count 1 point.
d.
Target DOE-15. Hits inside center mass and head circle count 5 points, hits inside larger center mass area count 4 points, and hits on other areas of the silhouette count 3 points. Multiply total number of points by .4 for score.
e.
Target Q (All Versions). 2 points for each hit inside bowling pin area.
Qualification scores are 75 to 85 percent = Marksman (Minimum passing), 86 to 92 percent = Sharpshooter, and 93 to 100 percent = Expert. adopted - 11/2004; rev - 05/2006, 11/2007, 07/2008, 11/2008 and 09/2014
Source: Miss Code Ann. § 45-6-7, 45-6-19, 25-3-25 Part 301 Chapter 11: Constable Training Requirements Rule 11.1 Purpose 1.
This section establishes policy and procedures governing the training requirements for Constables.
Source: Miss Code Ann. § 19-19-5 Rule 11.2 Policy 1.
The Board on Law Enforcement Officer Standards and Training is responsible for the establishment of an appropriate training program for constables in the field of law enforcement at the Mississippi Law Enforcement Officer’ Training Academy or such other training programs that are approved by the Board on Law Enforcement Officer Standards and Training pursuant to Section 45-6-9. According to the statute, constables have the same duties and responsibilities enumerated in the definition of a law enforcement officer as found in § 45-6-3 (c) of the Mississippi Code as annotated. During a constable’s term of office, each constable shall attend and, to the extent to which he is physically able, participate in a curriculum having a duration of two (2) weeks which addresses the nature and scope of specific duties and responsibilities of a constable and which includes firearm use and safety training.
112
Note: § 45-6-3 excludes elected officials from the definition of the term "law enforcement officer" thereby ensuring such officials would not be required to meet the provisions of the Law Enforcement Officers Training Program (LEOTP). Although constables shall be treated as law enforcement officers for the purposes of accomplishing the mandated training requirement of the Constable Training and Identification Act of 1986, constables are excluded from all other requirements of the LEOTP. A.
The Board of Law Enforcement Officers Standards and Training shall develop a program of continuing education training for constables to attend consisting of eight (8) hours annually. The program shall be divided equally between firearms training and safety and instruction in both substantive and procedural law. The training will be conducted by the Mississippi Constables Association, and appropriate parts of the program may be conducted by members who have been certified by the Board to conduct the training program. The cost of travel, tuition and living expenses in attending the continuing training shall be paid out of the Law Enforcement Officers Training Fund created in Section 45-6-15. 1.
No constable elected prior to January 1, 2000, shall be required to comply with the continuing education requirements of this paragraph
2.
However, any constable may elect to attend the annual training and shall be reimbursed therefor as provided in this paragraph.
3.
The provisions of this subsection shall not apply to a constable who has received a certificate from the Board on Law Enforcement Officers Standards and Training evidencing satisfaction of subsections (3) and (4) of Section 45-611, or who is exempt from the requirements of subsections (3) and (4) of Section 45-6-11 by the provisions of subsection (1).
History - Adopted - 12/1987; rev - 04/1990/1997, and 09/2018 Source: Miss Code Ann. § 45-6-3, 19-19-5
Part 301 Chapter 12:
Constable Identification
Rule 12.1 Purpose 1.
This section establishes the design of the uniform, motor vehicle identification and flashing blue light to be used by constables in order that all of said officers within the state shall be similarly equipped.
Source: Miss Code Ann. § 19-19-1, 45-6-3
113
Rule 12.2 Policy 1.
The board of supervisors shall furnish each constable with at least two (2) complete uniforms and with some type of motor vehicle identification which clearly indicates that the motor vehicle is being used by a constable in his official capacity.
2.
The design of such uniforms, the design of such motor vehicle identification and the type of such flashing blue light shall be prescribed by the Board on Law Enforcement Officers Standards and Training in order that all constables within the state shall be similarly equipped.
3.
The constable shall at all times while on official duty wear his uniform and when in his vehicle, clearly display his official motor vehicle identification. The motor vehicle shall also have a blue flashing light affixed to the vehicle. Decals shall be installed so as to present a professional appearance. Worn, illegible and missing decals should be replaced. The design of such items is as follows: A.
Uniform - The uniform shall consist of a shirt with permanently affixed emblems, a badge and trousers. The design of these items is as follows: 1. Shirts - Shirts are to be a solid navy blue color. They are to have at least two pockets. The pockets are to be pleated and covered with scalloped pocket flaps. The shirts are to be equipped with two shoulder straps which have been finished with an old gold color soutache (edging). The shirts shall also be equipped with a badge tab over the left pocket. Both long and short sleeve shirts shall be authorized as appropriate for the weather conditions. 2. Emblem - Emblems are to be sewn on both sleeves three quarters of an inch (¾”) down from the shoulder seam. The authorized emblem shall be an embroidered elongated oval patch with a two inch (2”) radius, a four inch (4”) width and a five inch (5”) overall length. The emblem shall contain an old gold color seven (7) point star with a light blue color state seal design centered on the star. The star itself shall be placed in the center of the emblem on a navy blue background. The word constable shall be embroidered in old gold color block letters forming a semicircle above the star. The county name shall be in the old gold color block letters forming a semicircle below the star. The emblem shall be finished with a light blue soutache (edging) about the circumference of the design. (See Figure 1 for representative sample) No other emblems are authorized to be attached to the uniform shirt. 3. Trousers - Trousers are to be a solid taupe color. The waistband shall be capable of accommodating a one and three quarter inch (1¾”) belt. The style of the front pockets may be a quarter of an inch (¼”) top, straight side seam or a three-quarter of an inch (¾”) drop western style. Patch or bellows pockets are not acceptable. The trousers are to be finished without cuffs. A navy blue color
114
stripe with old gold color soutache shall be sewn along the side seam of the trousers. 4. Badge - Badges are to be attached to the badge tab of the uniform shirt. The badge shall be a seven (7) point design with one (1) banner space, a circular space and a number district space. The banner shall contain the word constable. The circular space shall contain the constable's name and the district number shall be in the space provided. All lettering shall be blue enameled block style lettering. The state seal shall be rendered in blue and white enamel and set in the inset provided in the center of the star. The star shall be a gold color with blue enamel background. (see Figure 2 for a representative sample) 5. Other Equipment - All constables may be fitted with other equipment (e.g., leather gear, head and foot gear, accoutrements etc.) as needed. Equipment worn in addition to the uniform described herein shall be worn in accordance with instructions established by the local Board of Supervisors or the rules adopted by the Mississippi Constable Association. B.
Motor Vehicle Identification - The constable's vehicle shall be identified whenever used for official business. The identification shall consist of markings on the front fenders, front doors and rear. In addition to the markings, the constable's vehicle shall be equipped with flashing blue lights. The design of these items shall be as follows: 1. Front Fender - Both the left and right front fenders shall be marked with a reflective adhesive type decal containing the word constable in three inch (3”) block letters. The lettering shall be blue in color with either a clear or white background. The decal shall be affixed to the fenders so that the word constable is legible when viewed from the side of the vehicle. 2. Front Doors - The front doors of the vehicle shall contain a seven point star shaped reflective adhesive type decal. This decal shall be centered on the vehicles front door. The star shall be gold in color with black detailing and lettering. The word constable shall appear on the star in block letters. There shall be a second decal centered under the star decal containing the county name in one and a half inch (1½”) block style letters. The lettering shall be blue in color with either a clear or white background. 3. Rear - The rear markings shall consist of a reflective adhesive decal with the word constable in one and a half inch (1½”) block letters. The lettering shall be blue in color with either a clear or white background. This decal shall be affixed in the center of the vehicle so that the word constable is visible from the rear. 4. Blue Flashing Lights - The constable's motor vehicle shall have an enclosed blue lens light bar installed over the roof. The fixture shall have provisions for at least two lights not less than thirty-five watts that are capable of being 115
rotated or visible from the front and rear of the vehicle. Direct wiring with a dash mount control shall be provided for each installation. Source: Miss Code Ann. § 19-19-1, 45-6-3 Rule 12.3 Constable Identification Items 1.
This document shows the designs of the Constable Emblem, Badge and Door Decal.
Part 301 Chapter 13: Instructor Certification Rule 13.1 Purpose 1.
This section establishes policy and procedures governing the standards and qualifications to be used to certify instructors for Board-approved training.
Source: Miss Code Ann. § 45-6-7 Rule 13.2 Policy 1.
All persons instructing law enforcement officers in Board-approved training courses of four hours or less must be qualified as determined by the academy director. All persons instructing more than four hours in a Board-approved training course must be certified as an instructor by the Board on Law Enforcement Officer Standards and Training.
Source: Miss Code Ann. § 45-6-7 Rule 13.3 Procedures 1.
Minimum requirements for certification of training instructors. A. Individuals applying for certification to instruct in BLEOST approved courses must apply through the completion of a formal application (BLEOST Instructor Application Packet). Applications must be submitted to the Director of a Board approved training academy. That Director will review the application and forward the endorsed application to the Board for consideration. Each nominee for certification must meet the following requirements: 1.
Education and Experience - The applicant must show an educational and criminal justice experience equal to one (1) of the following: a.
A high school graduate and five (5) or more years of experience in the subject area
116
b.
Two (2) years of college and three (3) or more years’ experience in subject area
c. A bachelor’s degree and one (1) or more years of experience in subject area, d.
2.
3.
Or persons with specialized, identifiable skills not meeting the above requirements, may be certified upon academy director's request and staff review.
Sufficient Knowledge of Subject Matter - The applicant must demonstrate an adequate history as determined by the Board based on training, education, experience, professional credentials and/or proficiency skills suitable to the topic of instruction of which certification is being sought. Specific additional education or training will be required for the following designated special subject blocks: a.
Legal subjects - An applicant shall be a graduate of a law school or possess a qualification of substantial legal training and experience in the practical application of law to be certified to instruct legal subjects.
b.
Firearms - An applicant shall have been trained in an acceptable firearms instructor course as determined by the Board to be certified to instruct firearms training
c.
Police Driving - An applicant shall have been trained in an acceptable police driving instructor course as determined by the Board to be certified to teach police driving.
d.
Emergency Medical Procedures - An applicant shall have been trained in an acceptable emergency medical procedures instructor course and an acceptable cardiopulmonary resuscitation (CPR) instructor course as determined by the Board to be certified to teach emergency first aid and CPR
e.
Defensive Tactics - An applicant shall have been trained in an acceptable defensive tactics instructor course as determined by the Board to be certified to teach defensive tactics.
f.
Physical Conditioning - An applicant shall have been trained in an acceptable physical conditioning instructor course as determined by the Board to be certified to teach physical conditioning.
Knowledge of Instruction - The applicant shall be cognizant of the methods of instruction and the aids available. Instructors must be able to clearly present the course material and meet the objectives outlined by the Board. a.
Instructor Training - All applicants must have completed a Board-approved instructor development training course of 40 hours or a comparable instructor 117
course as determined by staff review. Persons with professional credentials recognized by the Board may be exempted. b.
Internship - The new instructor nominee will serve an internship wherein the nominating official will evaluate (BLEOST Instructor Evaluation Form) the nominee during actual instruction. The internship shall be at least two (2) hours in length and shall be conducted prior to certification. These evaluations shall be reviewed by the nominating official and forwarded to the Board along with the application.
c.
Evaluation - The instructor shall be evaluated periodically by students on dimensions determined by the academy. Evaluations shall remain on file at the academy for a period of at least one (1) year.
d.
Activity - All instructors shall remain active during their period of certification. If an instructor does not instruct in a Board approved curriculum during the period of his certification, his certification shall not be renewed.
B. Expiration - All instructor certifications expire three (3) years from the date issued. Individuals applying for renewal of instructor certification must complete a formal application for renewal. Applications must be submitted to the director of a Boardapproved training academy. That individual will review the application and forward the endorsed application to the Board for its consideration. Each renewal certificate must meet the following requirements: 1.
2.
Reissuance will be based on submission of an updated application including: a.
The instructor must provide documentation that he/she has conducted training in a Board-approved curriculum during the certification period expiring.
b.
The instructor must provide documentation of his/her continuing knowledge in the requested area of re-certification to the satisfaction of the academy director.
As with the professional certificate the instructor certificate remains the property of the Board. The possession and stewardship of the certificate is the responsibility of the sponsoring agency. The Board may revoke any instructor certificate upon a showing of just cause, which includes, but is not limited to: a.
Administrative error in issuance.
b.
Falsification of any information on the application,
c.
Failure to complete the prescribed internship,
d.
Conviction or the entering of a plea of either guilty or nolo contendere, being fined, ordered into probation or pre-trial diversion in relation to a felony or a 118
misdemeanor involving moral turpitude or a crime that is directly related to the duties and responsibilities of a law enforcement officer,
3.
History -
e.
Mistreatment, abuse, or improper behavior involving a student,
f.
Consistent failure to follow Board-approved training guidelines, learning objectives and lesson plans (where established),
g.
And any other actions detrimental to professional law enforcement training.
Exemption from certification - In the event of exceptional emergency or other circumstances determined by the academy director a qualified non-certified instructor may be utilized; however, the non-certified instructor shall teach under the supervision of the nominating official. Facts explaining the utilization of the uncertified instructor shall be documented and maintained on file by the nominating official. Adopted - 08/1984; rev - 01/1991, 08/2020
Source: Miss Code Ann. § 45-6-7
119
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