Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
15.334,
15.383,
61.300,
61.900-61.930,
61.990,
61.991,
62.010,
62.990
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
61.902 authorizes the Secretary of the
Justice and Public Safety Cabinet to commission special law enforcement
officers. KRS
61.904 requires the Secretary to promulgate
administrative regulations that are reasonable and necessary to carry out the
provisions of KRS
61.900 to
61.930. This administrative
regulation establishes the criteria and procedures required for filing and
processing applications for commissions to be a special law enforcement
officer.
Section 1. Definitions.
(1) "Cabinet" is defined by
KRS
61.900(3).
(2) "Governmental unit" means the unit or
agency of state, county, city, or metropolitan government or other governmental
entity authorized by KRS 61.900(6)
or 61.902 to employ
SLEOs.
(3) "Secretary" is defined
by KRS
61.900(5).
(4) "SLEO Act" means the Special Law
Enforcement Officer Act found in
KRS
61.900 to
61.930.
(5) "SLEO program administrator" means the
person designated or appointed by the Secretary of the Justice and Public
Safety Cabinet to administer the Special Law Enforcement Officer Program whose
address is: SLEO Program Administrator, Internal Investigations Branch, 125
Holmes Street, Frankfort, Kentucky 40601.
(6) "Special Law Enforcement Officer" or
"SLEO" is defined by KRS
61.900(6).
Section 2. Qualifications to Apply
for Commission as a Special Law Enforcement Officer. To qualify for a
commission as a SLEO pursuant to
KRS
61.900 to
61.930, an individual shall
comply with the conditions and requirements established in
KRS
61.906.
Section 3. Application for Commission as a
Special Law Enforcement Officer.
(1) An
applicant shall meet the requirements of the SLEO Act before a commission is
granted.
(2) An applicant shall
provide to the governmental unit two (2) complete, signed and notarized Special
Law Enforcement Officer (SLEO) Application Forms (SLEO-1).
(3) The governmental unit shall submit both
application forms to the SLEO program administrator.
(4) The application forms shall contain:
(a) The name, address, telephone number, and
detailed personal description of and information about the applicant;
and
(b) All arrests and
convictions, including traffic offenses committed within the past ten (10)
years, violations, misdemeanors, or felonies as requested on the application
and any other information necessary to conduct a criminal history
check.
(5) Any false or
misleading information, or withholding of information requested on the
application or by the cabinet investigator may be grounds for rejection without
further consideration.
Section
4. Additional Requirements.
(1)
In addition to the application form, an applicant shall provide to the
governmental unit who shall submit to the SLEO program administrator:
(a) A copy of the applicant's high school
diploma, GED, official college transcript, or college degree;
(b) A copy of the applicant's certified birth
certificate;
(c) Two (2) recent
photographs of the individual (full face) measuring not larger than three (3)
inches by five (5) inches and taken within thirty (30) days of the date the
application is submitted;
(d) If
the applicant is a veteran, a copy of his or her military release (Form
DD-214);
(e) An Authority to
Release Information Form, SLEO-2, which allows the release of all necessary
information to the SLEO program administrator. The form shall be signed by the
applicant and witnessed by a second person;
(f) A Letter of Intent Form, SLEO-3,
completed by the governmental unit giving the name of the applicant, the
specific public property to be protected, and the signature of the authorizing
official of the requesting governmental unit;
(g) Proof that the applicant has successfully
completed first aid and cardiopulmonary resuscitation (CPR) training provided
according to the American Heart Association or the American Red Cross
requirements and is certified in first aid and CPR; and
(h) The application fee required by
KRS
61.908.
(2) An applicant shall be fingerprinted by an
approved vendor. The governmental unit shall contact the SLEO program
administrator for information related to an approved vendor.
(3) The applicant shall arrange for and be
interviewed by the SLEO program administrator or assigned cabinet investigator
before a commission is granted.
(4)
All SLEO applicants shall sign and the governmental unit shall submit to the
cabinet the SLEO Acknowledgment Form, SLEO-4, which indicates that the
applicant:
(a) Received, read, and
understands:
1. Provisions of the SLEO Act,
KRS
61.900-61.930;
2. Administrative regulations in 500 KAR
Chapter 2;
3. Penalties imposed for
violating the SLEO Act and its administrative regulations; and
4.
KRS
61.300,
61.990,
61.991,
62.010, and
62.990; and
(b) Acknowledges that his or her authority is
limited and restricted under the SLEO Act.
Section 5. Fees. All fees required by
KRS
61.908 shall be:
(1) Submitted with the application
form;
(2) Nonrefundable;
and
(3) Paid in the form of a check
or money order made payable to the Kentucky State Treasurer.
Section 6. Approval of
Application.
(1) If the applications and all
required documents are in order, and if the criminal history information record
review and background investigation are favorably completed, the governmental
unit for whom the SLEO applicant will be employed shall notify the Department
of Criminal Justice Training concerning any training the applicant needs to
satisfy the requirements of
KRS
61.906(2)(f).
(2) In notifying the Department of Criminal
Justice Training, the governmental unit shall describe the training needed by
the applicant. The Department of Criminal Justice Training shall schedule and
conduct the training and collect the related fees as prescribed in
KRS
61.908(3), (4), and (5). An
applicant who has successfully completed the training previously shall not be
required to repeat the course.
(3)
The Department of Criminal Justice Training shall notify the governmental unit
of the results of the training upon completion.
Section 7. Receipt of Defective or Falsified
Application.
(1) If the application is
incomplete, or otherwise defective in some way other than those referenced in
Section 3(5) of this administrative regulation, or in conflict with the SLEO
Act or its administrative regulations, 502 KAR Chapter 2, the cabinet shall
notify the governmental unit.
(2)
Upon notice that an application is incomplete or otherwise defective, the
governmental unit shall notify the applicant. An application may be corrected
and resubmitted at no additional cost if it is resubmitted to the SLEO program
administrator within sixty (60) days of the date the governmental unit is sent
notice of the deficiencies by the SLEO program administrator.
(3) An application that has been falsified,
contains material omissions, or contains incomplete information may be
rejected, and the applicant shall be prohibited from submitting an application
for commission as a SLEO for one (1) year.
Section 8. The Grant of the Commission and
the Required Oath of Office.
(1) A commission
for a SLEO shall be validated and granted as follows:
(a) If the applicant has successfully
satisfied the requirements of the act and a commission has been recommended, a
commission certificate shall be forwarded by the SLEO program administrator to
the secretary or the secretary's designee for review.
(b) After the commission is issued by the
secretary or the secretary's designee, a copy of the commission shall be placed
in the SLEO's file maintained by the cabinet.
(2) The governmental unit shall be notified
that the commission has been granted.
(a) One
(1) of the original applications and two (2) County Clerk Oath verification
forms (SLEO-6) shall be forwarded by the cabinet to the governmental unit whose
property is to be protected.
(b)
The governmental unit shall arrange for the appointed applicant to take the
oath of office.
(3) The
appointed applicant shall take:
(a) One (1) of
the applications and the two (2) County Clerk Oath verification forms to the
county clerk in the county where the applicant is to serve; and
(b) The constitutional oath of office within
thirty (30) days after notice of appointment.
(4) The county clerk shall then:
(a) Complete and sign the clerk's attestation
on both County Clerk Oath verification forms;
(b) Retain the application and one (1) of the
County Clerk Oath verification forms, for filing purposes in the county clerk's
office; and
(c) Give the second
County Clerk Oath verification form, signed by the clerk, to the
applicant.
(5) The
applicant shall return the second County Clerk Oath verification form, signed
by the Clerk, to the governmental unit. The governmental unit shall return it
to the SLEO program administrator within thirty (30) days of the grant of the
commission to indicate that the oath was administered and that the application
and oath verification form are filed with the county clerk.
(6) Upon receipt of the oath verification,
the commission certificate shall be forwarded by the cabinet to the
governmental unit whose property is to be protected.
(7) If the second County Clerk Oath
verification form, signed by the clerk, is not returned to the SLEO program
administrator within thirty (30) days of the granting of the commission, the
commission shall be void and the applicant shall be required to repeat the
application process.
(8) The
applicant shall not exercise the authority of a SLEO until the governmental
unit has received the commission certificate from the cabinet.
(9) The commission certificate shall be kept
by the governmental unit so long as the SLEO is employed or until his or her
authority is terminated as a result of the expiration of the commission term or
by action of the governmental unit or the secretary or the secretary's
designee.
(10) The SLEO Commission
shall be issued for a period of two (2) years, or five (5) years if the SLEO is
employed as a facilities security officer with the Kentucky State Police
pursuant to KRS
16.187, if the SLEO continues to meet all
statutory and regulatory criteria.
(11) After the governmental unit has received
the SLEO commission certificate, the governmental unit shall issue an
identification card that shall be carried by the SLEO whenever he or she is
acting under the authority of
KRS
61.900-61.930.
(12) The identification card shall be:
(a) Presented as requested by any duly sworn
peace officer or cabinet official;
(b) Subject to control by the cabinet;
and
(c) In compliance with Section
11(4) of this administrative regulation.
(13) If for any reason a SLEO is terminated
or otherwise relieved of his or her duties as a SLEO by the governmental unit
or the cabinet, he or she shall immediately return the identification card to
the SLEO's governmental unit.
(14)
The SLEO commission certificate shall be held by the governmental unit and
shall:
(a) Be available for inspection by the
SLEO program administrator or his or her designee;
(b) Remain the property of the cabinet;
and
(c) Be returned upon the SLEO's
authority being withdrawn for any reason.
Section 9. Special Provisions.
(1) Training pursuant to
KRS
61.906(2)(f) 2. A SLEO
applicant may request approval from the Kentucky Law Enforcement Council (KLEC)
for eighty (80) or more hours of training, if that training is not currently
approved, by providing documentation verifying successful completion of the
training and detailed information concerning the contents of the training to
the SLEO program administrator. The training approval request shall be provided
to the KLEC to review the request and make a decision.
(2) Training waiver. A SLEO applicant may
apply for a training waiver by providing sufficient proof of past police
experience, military records, or examination records that substantiates that
the applicant meets the waiver requirements set forth in
KRS
61.906(2)(f) 2.
(3) Firearms and First Aid Proficiency. A
SLEO applicant shall:
(a) Be certified in
first aid and cardiopulmonary resuscitation (CPR) through training provided
according to the American Heart Association or the American Red Cross
requirements; and
(b) One (1) of
the following:
1. Meet the marksmanship
qualification requirements for a retired peace officer as specified in
KRS
237.140; or
2. Fire twenty (20) rounds at an adult size
silhouette target at a range of twenty-one (21) feet, with a handgun, and shall
hit the target not less than eleven (11) times. The range test shall be
conducted and certified by a firearms instructor trainer or certified firearms
instructor trained pursuant to
KRS
237.122 or by other firearms instructor
program provided by the Department of Criminal Justice Training.
Section 10.
Renewals.
(1) A letter of intent from the
governmental unit stating its request to renew a commission, two (2) complete
signed and notarized SLEO Renewal Application Forms (SLEO-5), and the renewal
application fee required by
KRS
61.908(2) for each
individual involved shall be filed with the SLEO program administrator at least
sixty (60) days before the expiration date of the existing
commission.
(2) The applicant for
renewal shall be fingerprinted by an approved vendor and undergo a background
investigation to bring the applicant's records up-to-date.
(3) In addition to the requirements set forth
above in this section, for each renewed commission granted, the governmental
unit and SLEO applicant shall comply with the requirements set forth in Section
8 of this administrative regulation.
Section 11. Governmental Units Employing
SLEOs - Records, Reports, and Responsibility.
(1) All governmental units employing SLEOs
shall:
(a) Keep their files current as to the
expiration date on each SLEO's commission;
(b) Keep the individual SLEO's commission
certificates on file, to be returned to the cabinet upon termination of the
SLEO and his or her authority;
(c)
Provide proof to the SLEO program administrator at the time of request for
renewal that its SLEOs:
1. Are currently
certified in First Aid and CPR; and
2. Have met the same marksmanship
qualification required of certified peace officers in
KRS
15.383; and
(d) Mail or email to the SLEO program
administrator by June 30 of each year:
1. A
current list of all active SLEO personnel; and
2. The number of arrests made or citations
issued by the agency the previous calendar year.
(2) The unit shall post a copy of
the SLEO administrative regulations, 500 KAR Chapter 2, and a copy of
KRS
61.900-61.930,
61.990, and
61.991 of the SLEO Act in a
conspicuous location in any office or building that is designated security
headquarters for persons operating as SLEOs.
(3) Complaints or unusual incidents involving
SLEOs shall be handled by the governmental unit whose public property is being
protected by the SLEO involved except:
(a) The
governmental unit shall notify the SLEO program administrator by:
1. Direct verbal communication within
twenty-four (24) hours of any reported incident involving the misconduct or
unlawful act by any of its SLEOs; and
2. A follow-up written report to be filed
with the SLEO program administrator, within thirty (30) days of the original
oral report, stating the details of the incident and listing any action taken
by the governmental unit; and
(b) If formal charges are pending, the
governmental unit shall advise the SLEO program administrator as to the
specific charge, trial date, and the final disposition of the charge.
(4) The governmental unit shall
issue each SLEO an identification card upon the individual's appointment. The
identification card shall be:
(a) Encased in
plastic;
(b) Billfold size
(approximately two and one-fourth (2 1/4) inches by three and one-half (3 1/2)
inches); and
(c) Composed as
follows:
1. One (1) side containing the
following language: "The holder of this card is commissioned as a Special Law
Enforcement Officer, pursuant to
KRS
61.902 and deemed to be a peace officer
within the meaning of
KRS
527.020 with the powers set forth in
KRS
61.900 to
61.930."; and
2. The other side containing a full-faced
photograph of the SLEO with his or her:
a.
Name;
b. Identification or notation
that the SLEO has been commissioned a "Special Law Enforcement
Officer";
c. Governmental unit
employing the SLEO;
d. Badge
number, if any; and
e. Chief,
supervisor, or employer's signature.
(5) The governmental unit shall obtain and
destroy the identification card from any SLEO whose employment is
terminated.
Section 12.
Violations.
(1) All governmental units
utilizing SLEOs shall be subject to inspection and investigation by the cabinet
as circumstances may warrant for possible violations.
(2) Violations may result in prosecution and
recommendation to the secretary or the secretary's designee that the commission
be revoked.
Section 13.
Revocation or Suspension of SLEO Commissions.
(1) A SLEO may have his or her commission
suspended or revoked in accordance with
KRS
61.910.
(2) The SLEO program administrator shall
notify the secretary or the secretary's designee of any violations of
KRS
61.910, who shall send written notice of the
alleged violation to the:
(a) SLEO;
and
(b) Governmental unit employing
the SLEO.
(3) The notice
of alleged violation shall be sent to the SLEO and employing governmental unit
by regular, first-class mail and by certified mail, return receipt requested to
their last known addresses.
(4) The
SLEO may request an administrative hearing before suspension or revocation is
imposed. The request for hearing shall be in writing and shall be received by
the SLEO program administrator within thirty (30) days of receipt by the SLEO
of the notice of intent to seek suspension or revocation.
(5) The secretary or the secretary's designee
shall suspend or revoke the commission of a SLEO who fails to request an
administrative hearing within thirty (30) days.
(6) All administrative hearings shall be
conducted in accordance with KRS Chapter 13B.
(7) The cabinet may temporarily suspend the
commission of a SLEO prior to holding a hearing pursuant to KRS Chapter 13B if
the cabinet believes that the safety of the public requires that action. If a
commission is temporarily suspended prior to holding a hearing pursuant to KRS
Chapter 13B, the cabinet shall hold a Chapter 13B hearing not later than thirty
(30) days from the date of the temporary suspension unless the SLEO requests an
extension for a time certain. If the SLEO requests an extension for a time
certain, then the commission shall remain suspended until the conclusion of the
hearing.
(8) If a SLEO commission
is suspended or revoked:
(a) The SLEO program
administrator shall notify the governmental unit involved to return the
commission of the SLEO;
(b) The
governmental unit responsible for the SLEO shall forward a letter to the SLEO
stating that:
1. His or her commission has
been revoked or suspended; and
2.
He or she shall immediately return the SLEO identification card to the
governmental unit;
(c)
Upon receipt of the SLEO identification card, the governmental unit shall
destroy it; and
(d) The SLEO
program administrator shall notify the county clerk in the SLEO's county of
jurisdiction of the revocation or suspension.
Section 14. Procedures for Investigating
Complaints or Unusual Incidents Involving SLEO Officers.
(1) Complaints or unusual incidents involving
SLEOs shall be handled by the governmental unit whose public property is being
protected by the SLEO involved. The governmental unit shall notify the cabinet
of all incidents involving their SLEO personnel as required by Section 11(3) of
this administrative regulation.
(2)
The SLEO program administrator or other assigned officers may investigate
complaints or unusual incidents involving SLEOs if there is reason to believe
the provisions of KRS 61.900-61.930,
61.990,
61.991, or 500 KAR Chapter 2, or
other applicable laws or administrative regulations have been violated and an
investigation is necessary.
(3) Any
investigation conducted by the cabinet shall become part of the official record
of the SLEO involved.
Section
15. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "Special Law Enforcement
Officer (SLEO) Application Form", SLEO-1, 2023;
(b) "Authority to Release Information Form",
SLEO-2, 2023;
(c) "Letter of Intent
Form", SLEO-3, 2023;
(d) "SLEO
Acknowledgment Form", SLEO-4, 2023;
(e) "Special Law Enforcement Officer (SLEO)
Renewal Application Form", SLEO-5, 2023; and
(f) "County Clerk Oath", SLEO-6,
2023.
(2) This material
may be inspected, copied, or obtained, subject to applicable copyright law, at
the Internal Investigations Branch, 125 Holmes Street, Frankfort, Kentucky
40601, Monday through Friday, 8 a.m. to 4:30 p.m. This material may be viewed
on the Justice and Public Safety Cabinet Web site in the SLEO area at
https://justice.ky.gov/Departments-Agencies/iib/Pages/sleo.aspx or
https://justice.ky.gov/about/pages/lrcfilings.aspx.
STATUTORY AUTHORITY:
KRS
61.902,
61.904