Regulation
1002
Minimum
Standards for Employment or
Appointment or Continued Employment
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- Subject
to the provisions of A.C.A. 12-9-106(e), no individual shall
serve, be employed or otherwise function as a law enforcement
officer in this State who is not certified by the Commission
at the appropriate classification for the position held
by the individual, except, an individual may serve, be employed
or otherwise function as a law enforcement officer for a
term of one year from his initial employment or appointment
as a law enforcement officer. Upon the finding of extraordinary
circumstances, the Commission, by majority vote, may extend
this period by a maximum of eight (8) months, for an absolute
maximum period of twenty (20) months. (See regulation 1008 for exceptions.) All requests
for extensions must be submitted and received by the Commission
prior to the end of the 12 month period, or any extension
thereof. No individual who has been decertified by the Commission
shall be eligible to serve, be employed or otherwise function
as a law enforcement officer in the State unless the Commission
shall have by majority vote agreed that the individual shall
again be eligible to so serve.
- Verification
of minimum employment standards must be maintained by the
employing department.
- Every
officer employed by a law enforcement unit shall:
- Be
a citizen of the United States. (See Specification S-1)
- Be
at least 21 years of age. (See Specification S-1)
- Be
fingerprinted and a search initiated of state and national
fingerprint files to disclose any criminal record. Procedure
is prescribed in Specification
S-2, Fingerprint Record Check.
- Be
free of felony record. A felony record shall mean having
entered a plea of guilty, been found guilty, or otherwise
having been convicted of an offense, the punishment
for which could have been imprisonment in a federal
penitentiary or a state penitentiary. The fact that
an individual has received a pardon, or their record
has been expunged shall not release the individual from
having a felony record for the purposes of this regulation.
(See Specification
S-2)
- Be
of good character as determined by a thorough background
investigation as prescribed in
- Specification
S-3, The
Background Investigation.
- Be
a high school graduate or have passed the General Education
Development (GED) Test indicating high school graduation
level. (See
Specification S-4)
- Be
examined by a licensed physician and meet the physical
requirements prescribed in SpecificationS-5,
Physical Examination.
- Be
interviewed personally prior to employment by the department
head or his representative, or representatives, to determine
such things as the applicant's motivation, appearance,
demeanor, attitude and ability to communicate. Commission
Form F-11, Qualifications Appraisal Guide, or other
appropriate form may be used to record the interview.(See Specification S-6)
- Be
examined by an individual licensed to practice psychiatry
or psychology and qualified to perform such evaluations
in the State of Arkansas, who after the examination
finds the officer to be competent and recommends the
agency to hire the individual. (See Specification S-7)
- Possess
a valid driver's license.
- It
is emphasized that these are minimum standards for employment
or appointment. Higher standards are recommended whenever
the availability of qualified applicants meets the demand.
- The
minimum standards for employment or appointment must be
compiled with as contained herein before employment. The
decision to employ an applicant should depend upon the results
and recommendations received by the investigator and examiners,
except, for items (3)(g) and (3)(i). In accordance with
the Americans with Disabilities Act, a determination to
hire or not hire individuals should be made prior to the
examinations required by (3)(g) and (3)(i). An offer of
employment, if any, is to then be made contingent upon the
successful completion of (3)(g) and (3)(i).
- Law
enforcement officers who have complied with the minimum
standards for employment or appointment who terminate their
employment and are re-employed by a law enforcement agency
within six (6) months following their termination date,
may transfer the required documentation evidencing compliance
with the standards to the files of the new agency. The only
pre-employment requirement that the new employer will be
required to complete is a new background investigation and
oral interview. The employing agency may require the officer
to meet any or all pre-employment requirements, again, if
they so desire.
- If
an officer is determined by the Commission to be in noncompliance,
the Commission will notify the director of the employing
agency by certified letter. The Commission shall give the
individual and the employing agency a reasonable amount
of time to remedy the deficiency. If at the end of that
period, including any extension thereof, the individual
remains in noncompliance, the individual will not be eligible
to function as a law enforcement officer until proof of
compliance is presented to the Commission by the agency
director or his representative. In addition, at the end
of the period allowed by the Commission for the individual
to remedy the deficiency, including any extensions thereof,
if the officer remains in noncompliance, the officer will
be removed from the agency payroll and will not be eligible
to be employed in any capacity as a law enforcement officer
until compliance is met and proof is furnished to the Commission
by the agency director or his representative. In the event
the agency refuses to remove the officer from the payroll
and/or continues to allow the officer to serve as a law
enforcement officer, the Commission shall seek an injunction
prohibiting the agency from employing and/or using the officer
and prohibiting the officer from acting as a law enforcement
officer.
- Any
individual who fails the required training course, as set
out herein, or is expelled from the required training course,
will not be eligible to serve as a law enforcement officer
for twenty-four (24) months following the date of failure
or expulsion from the training course.
- Any
individual who fails to meet the physical or mental minimum
standards of this Regulation, shall be individually reviewed
to determine if said person can perform the essential functions
of the duties of a law enforcement officer, with or without
reasonable accommodations. The employing or appointing agency
shall first determine if the individual can perform the
essential functions of the duties of a law enforcement officer.
If the agency believes that the individual can perform the
essential functions of the duties of a law enforcement officer,
with or without reasonable accommodations, the employing
or appointing agency shall request the Commission to determine
if said person can perform the essential functions of the
duties of a law enforcement officer. If the Commission determines,
by a majority vote, that the individual can perform the
essential functions of a law enforcement officer, with or
without reasonable accommodations, and the employing or
appointing unit and/or the individual agrees to the reasonable
accommodations, then the Commission shall waive the minimum
standard in question.
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