1. 1. The Arkansas Commission on Law Enforcement Standards and Training shall provide, by regulation, that no person shall be appointed as a law enforcement officer, except on a temporary basis not to exceed one (1) year, unless the person has satisfactorily completed a preparatory program of police training at a school approved by the Commission.
      
      
   2. A law enforcement officer who lacks the education and training qualifications required by the Commission shall not have his temporary or probationary employment extended beyond one (1) year, by renewal of appointment or otherwise, unless extraordinary circumstances exist in the majority opinion of the executive body of the Commission, whereupon the Commission may approve an extension of probation for no more than an eight-month period.
      
      
      

2. In addition to the requirements of subsection (a) of this section and 12-9-104(7), the Commission, by rules and regulations, shall fix such other qualifications as it deems necessary. However, no person who pleads or is found guilty of a felony shall be eligible to be appointed or certified as a law enforcement officer.

3. The Commission shall issue a certificate evidencing satisfaction of the requirements of subsections (a) and (b) of this section to any applicant who presents such evidence as may be required by its rules and regulations of satisfactory completion of a program or course of instruction in this or another state conforming to the content and quality required by the Commission for approved education and training.

4. Nothing herein shall be constructed to preclude any employing agency from establishing qualifications and standards for hiring, training, compensating, or promoting law enforcement officers that exceed those set by the Commission.

5. 1. Law enforcement officers already serving under full-time permanent appointment on December 31, 1977, shall not be required to meet the requirements of subsections (a) and (b) of this section as a condition of tenure or continued employment; nor shall failure of any such law enforcement officer to fulfill the requirements make him ineligible.
      
      
   2. Law enforcement officers employed prior to January 1, 1976, may continue their employment and participate in training programs on a voluntary or assigned basis, but failure to meet standards shall not be grounds for their dismissal or termination of employment, although subsequent termination of employment, voluntary or involuntary, will constitute a revocation of this exclusion status.

   3. Personnel of law enforcement agencies whose status as to coverage under this subchapter is questionable on December 31, 1977, but who are subsequently determined to be subject thereto, shall have an effective date of compliance enforcement as set by the Commission; personnel employed prior to that date shall be excluded from mandatory compliance therewith.

CASE NOTES

CITED: Smith v. State, 278, Ark. 462, 648 S.W. 2d 792 (1983); Karr v. Townsend, 606 F. Supp. 1121 (W.D. Ark. 1985).