Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
15.440,
15.450
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
15.450(1) authorizes the
Secretary of the Justice and Public Safety Cabinet or his designated
representative to promulgate administrative regulations necessary to the
administration of the Kentucky Law Enforcement Foundation Program Fund. This
administrative regulation establishes the requirements for application to,
participation in, and withdrawal from the fund, and conforms to the training
requirements established by the Kentucky Law Enforcement Council pursuant to
KRS 15.330(1)(f)
and (h).
Section
1. Education Requirements.
(1) To
demonstrate that an officer has completed the education requirement found in
KRS
15.440(1)(c), the local unit
shall send to the fund administrator:
(a) A
copy of the high school diploma issued or recognized by the state department of
education; or
(b) A copy of a
General Educational Development (GED) certificate issued by a state department
of education.
(2) A
police officer who was "grandfathered" into the fund without having to meet the
educational requirement found in
KRS
15.440(1)(c), who
subsequently experiences a separation of employment as a police officer, may
regain eligibility to participate in the fund:
(a) Upon reemployment as a police officer by
a local unit which is participating in the fund, and completion of the
educational requirement found in
KRS
15.440(1)(c), if the
separation was a result of resignation or dismissal; or
(b) Without completion of the educational
requirement found in
KRS
15.440(1)(c) if the police
officer:
1. Retired pursuant to
KRS
61.637; and
2. Is reemployed as a police officer with the
same agency no later than twelve (12) months from the initial retirement
date.
Section
2. Basic Training Requirement.
(1) Time limit.
(a) A local unit that elects to participate
in the fund shall require all police officers employed as of the date of the
initial participation to demonstrate compliance with the basic training
requirement within one (1) year of the date of initial participation. An
officer employed after the date of the initial participation shall demonstrate
compliance by completing the basic training requirement within one (1) year of
the date of employment.
(b) If
extenuating circumstances occur that are beyond the control of an officer,
including serious injury or illness, personal tragedy, or agency emergency, the
local unit may request an extension of time in which the officer shall complete
basic training. The agency shall request an extension, in writing, not less
than thirty (30) days prior to expiration of the one (1) year time limit as
established in subsection (1)(a) of this section. The extension of time to be
granted shall not exceed 180 days.
(c) The local unit shall be in violation of
this subsection if:
1. An officer fails to
complete training during the one (1) year period and has not experienced an
extenuating circumstance; or
2. An
officer fails to complete training prior to expiration of a time extension
based upon an extenuating circumstance.
(2) Compliance. A police officer shall
demonstrate completion of the basic training requirement by:
(a) If the officer has never completed basic
training, the officer shall successfully complete:
1. The Department of Criminal Justice
Training 800 hour basic training course; or
2. A basic training course approved and
recognized by the council which consists of a minimum of 800 hours with a
course content equivalent to the Department of Criminal Justice Training 800
hour basic training course;
(b) If the officer has successfully completed
a Department of Criminal Justice Training basic training course, or another
council-approved and recognized basic training course, additional basic
training shall not be required if he has:
1.
Been continuously employed as a police officer since the completion of that
basic training; or
2. Experienced a
separation of employment as a police officer for no more than twelve (12)
months prior to his present eligibility to participate in the fund;
(c) If the officer has
successfully completed a Department of Criminal Justice Training basic training
course, or another council-approved and recognized basic training course; and
has experienced a separation of employment as a police officer for more than
twelve (12) months but less than thirty-six (36) months prior to his present
eligibility to participate in the fund, he shall successfully complete the
following Department of Criminal Justice Training courses:
1. The twenty-four (24) hour legal update:
Penal Code course; and
2. The
sixteen (16) hour legal update: Constitutional Procedure course; or
(d) If the officer has
successfully completed a Department of Criminal Justice Training basic training
course, or another council-approved and recognized basic training course, and
experienced a separation of employment as a police officer for more than
thirty-six (36) months prior to his present eligibility to participate in the
fund, he shall successfully complete the following Department of Criminal
Justice Training courses:
1. The twenty-four
(24) hour legal update: Penal Code course;
2. The sixteen (16) hour legal update:
Constitutional Procedure course; and
3. One (1) of the following forty (40) hour
courses which is most appropriate for the officer's duty assignment as
determined by the fund administrator:
a. Basic
officer skills; or
b. Orientation
for new police chiefs.
(3) If calculating the total number of months
of separation and service described in subsection (2)(c) and (d) of this
section:
(a) Calculation shall begin effective
the first date employed as a police officer and shall include all subsequent
months.
(b) For the first or last
month of a continuous period of employment or separation:
1. If the number of days of service for a
specific month is less than the maximum possible number of regular service days
for that month, the officer shall receive credit for a full month of
service;
2. If the number of days
of separation for a specific month is less than the maximum possible number of
regular service days for that month, the month shall not be calculated as a
month of separation.
(4) A police officer that is required to meet
the requirements of subsection (2)(c) or (d) of this section, shall not be:
(a) Eligible to participate in the fund until
meeting those requirements; or
(b)
Entitled to back payment of funds from their original hire date.
(5) A police officer who has never
completed basic training and is not eligible to be "grandfathered" into the
fund shall not be:
(a) Eligible to participate
in the fund until completing the basic training requirement in subsection
(2)(a) of this section; or
(b)
Entitled to back payment of funds from their original hire date.
(6) A police officer who was
"grandfathered" into the fund without having to meet the basic training
requirement found in
KRS
15.440(1)(d), shall not be
required to demonstrate compliance with the basic training requirement to
regain eligibility to participate in the fund if the police officer:
(a) Retired pursuant to
KRS
61.637; and
(b) Is reemployed as a police officer with
the same agency no later than twelve (12) months from the initial retirement
date.
Section
3. In-service Training Requirement.
(1) A local unit that elects to participate
in the fund shall:
(a) Require all police
officers employed as of the date of initial participation, and all officers
employed after the date of initial participation, to successfully complete the
forty (40) hour in-service training requirement each calendar year;
and
(b) Not be considered to be in
violation of this paragraph if an officer's failure to meet the in-service
training requirement in a calendar year is due to an extenuating circumstance
including serious injury or illness, personal tragedy, or agency
emergency.
(2) An
officer meeting the requirements of subsection (1)(b) of this section shall be
required to meet the in-service training requirement within a reasonable time
as determined by the fund administrator or his designee. The reasonable time
shall not exceed 180 days from the termination of the extenuating
circumstance.
(3) If an officer,
under circumstances that are not extenuating, fails to successfully complete
forty (40) hours of in-service training in a calendar year:
(a) The fund administrator or his designee
shall notify the local unit that the officer must complete the in-service
training for the year of delinquency within a reasonable time, but not to
exceed 180 days, as determined by the fund administrator or his designee, or
else the local unit, if it continues to employ the officer full time, shall be
in violation of this paragraph and shall lose its eligibility to participate in
the fund; and
(b) He shall not:
1. Receive a salary supplement until he makes
up the in-service training for the year of delinquency; and
2. Be entitled to receive back pay supplement
for the period of nonpayment caused by the delinquency in training.
(4)
(a) A police officer who successfully
completes a basic training course approved and recognized by the council shall
be considered to have fulfilled the in-service training requirement for the
calendar year in which the basic training is completed when that completion
occurs in the calendar year of the present application for participation in the
fund.
(b) An officer who
demonstrates compliance with the basic training requirement by completion of a
course approved and recognized by the council prior to the calendar year of the
present application for participation in the fund, shall complete a forty (40)
hour in-service training course for that calendar year in order to remain
eligible to participate in the fund.
(c) Earned in-service training hours in
excess of the mandatory forty (40) hours per year shall not be carried forward
to subsequent calendar years.
(5) If a police officer who is qualified to
participate in the fund has his police service terminated due to resignation or
dismissal before he meets his in-service training requirement for the calendar
year, he shall still be eligible to participate in the fund for that part of
the calendar year during which he was employed as a police officer.
(6)
(a)
Except for courses as authorized in paragraph (b) of this subsection, a police
officer shall not, for fund eligibility purposes, take the same in-service
training course that he has successfully completed in a previous year for fund
eligibility purposes unless at least three (3) years have passed since the
earlier course was completed.
(b) A
police officer may repeat in-service training courses providing instruction in
diminishable skills that the officer has successfully completed in the previous
year up to a maximum of sixteen (16) hours as specified in each of the
following training areas:
1. Four (4) hours of
a course or courses in driver training, including techniques, operational
principles, and legal considerations necessary for enhancement of driving
skills for law enforcement officers;
2. Four (4) hours of a course or courses in
firearms training, including tactical situations, marksmanship, and legal
considerations necessary to enhance the skills of law enforcement officers in
firearms use;
3. At least one (1)
hour, but no more than eight (8) hours, in a course or courses in law
enforcement legal update training that shall include training on recent federal
and state legislation and regulations, issuance and development of recent case
law, and basic legal consideration impacting law enforcement officers in the
exercise of their peace officer powers; and
4. No more than seven (7) hours in a course
or courses in tactical law enforcement training that may include self-defense
techniques, administration of first aid, active shooter tactics and techniques,
and de-escalation techniques.
Section 4. Local Ordinance Requirement.
(1) To be eligible to participate in the
fund, a local unit shall enact an ordinance or resolution requiring the local
unit and police department to comply with
KRS
15.410 to
15.510 and with 503 KAR
Chapter 5.
(2) A certified copy of
this local ordinance or resolution shall be submitted by the local unit to the
fund administrator along with the application for participation in the
fund.
(3) If the local unit has
withdrawn from, or lost eligibility to participate in the fund, the previously
enacted local ordinance or resolution shall no longer be recognized by the fund
administrator, and a new ordinance or resolution shall be submitted with a new
application for participation in the fund.
Section 5. Application. A local unit desiring
to apply for admission to the fund shall submit an Application for Police
Training Incentive form to the fund administrator.
Section 6. Withdrawal.
(1) To withdraw from the fund, a local unit
shall send a written notice of withdrawal to the fund administrator.
(2) The fund administrator or his designee
shall acknowledge in writing the receipt of the withdrawal notice.
(3) The withdrawal shall be effective as of
the date the withdrawal notice is received by the fund administrator.
(4) Upon withdrawal, a local unit shall
return all salary supplement funds received from the fund for which its police
officers have not yet become qualified.
Section 7. Audits.
(1) A participating agency shall comply with
audits if requested by the fund administrator's designee, to demonstrate
compliance with 503 KAR Chapter 5.
(2) The audit shall include examination of
records of police officer training attendance, and payroll and KLEFPF
records.
Section 8.
Incorporation by Reference.
(1) The
"Application for Police Training Incentive", Form KLEFPF-1, 10/16, is
incorporated by reference.
(2) This
material may be inspected, copied, or obtained, subject to applicable copyright
law, at the Department of Criminal Justice Training, Funderburk Building, 521
Lancaster Avenue, Richmond, Kentucky 40475-3102, Monday through Friday, 8 a.m.
to 4:30 p.m.
STATUTORY AUTHORITY:
KRS
15.450(1),
15.440(1)(d)