005.01 Minimum
Qualifications For Basic and Reciprocity Certification Training. Prior to
appointment or attending a Training Academy for certification training, an
applicant shall meet the following qualifications:
005.01A The applicant is or will be a citizen
of the United States prior to the completion of certification
training;
005.01B The applicant
will reach the age of twenty-one years prior to the completion of
training;
005.01C The applicant has
been fingerprinted and a search has been made of local, state, and national
fingerprint files for disclosure of any criminal record and the results
furnished to the Training Center;
005.01D The applicant has a valid motor
vehicle operator's or chauffeur's license;
005.01E The applicant has vision correctable
to 20/30 and has no evidence of an irreversible disease, which will affect the
person's sight;
005.01F The
applicant has been pardoned or has never been convicted by any state or the
United States of a crime punishable by imprisonment in a penitentiary for a
term of one year or more or by any foreign government of a crime which would be
punishable by imprisonment for a term of one year or more if committed in
Nebraska or has had a conviction for such an offense overturned or reversed by
a court of competent jurisdiction;
005.01G The applicant possess good character
as determined by a thorough background investigation;
005.01H The applicant (i) is a high school
graduate or (ii) possess a general educational development certificate and
(iii) is able to read, write, and understand the English language at the
eleventh grade level;
005.01I The
applicant has not been convicted of driving while intoxicated or under the
influence in the two years immediately preceding admission; and
005.01J The applicant has been examined by a
licensed physician one year or less prior to admission and has been certified
by the physician to have met the physical requirements, as determined by the
Council, necessary to fulfill the responsibilities of a law enforcement officer
and successfully complete the requirements for training.
005.01K The applicant will not have worked as
a law enforcement officer for the current law enforcement agency for more than
one year including the time required for certification training, or has been
granted a waiver based on extreme hardship by the Council.
005.01L The applicant has not received a
punitive discharge from the United States Armed Forces. Punitive discharges are
discharges classified as Dishonorable or Bad Conduct.
005.01M The applicant has not been denied
certification status, had his/her certification revoked or currently suspended
in this state or another jurisdiction.
005.01N The applicant has not been convicted
of any crime involving the threat of or actual use of physical violence that
would constitute a Class I misdemeanor in this state.
005.01O The applicant has not been convicted
of any crime involving the threat of or actual sexual assault or
abuse.
005.01P The applicant has
not been convicted of any crime of physical violence or sexual abuse against a
child or children.
005.01Q The
applicant has not been adjudged or convicted of a crime of domestic violence as
defined in the United States Code,
18
U.S.C. 922(g)(9), that would
disqualify him/her from possessing a firearm.
005.02 Good Character
005.02A The Council finds that a person
serving in the capacity of a Nebraska Law Enforcement Officer must be of good
moral character. Besides the requirements imposed by sections
005.01A through
005.01Q, a person
of good character is someone who generally can be defined as an individual who:
005.02A1 Does not have a past indicative of
incompetence or neglect of duty;
005.02A2 Does not have a past indicative of
physical, mental, or emotional incapacity;
005.02A3 Has not been adjudged or convicted
of criminal violations with such a frequency so as to indicate a disrespect for
the law and rights of others.
005.02A4 Has not been adjudged or convicted
of traffic violations of regulations governing the movement of vehicles with
such a frequency so as to indicate a disrespect for traffic laws and a
disregard for the safety of others on the highways within the past three
years;
005.02A5 Can be
characterized as being honest, truthful and trustworthy;
005.02A6 Does not have a pattern of substance
abuse to include;
005.02A6a Has not illegally
sold, produced, cultivated or transported marijuana or other controlled
substance for sale;
005.02A6b Has
not used marijuana for any purpose in the last two (2) years;
005.02A6c Has not used marijuana or other
controlled substance, other than one prescribed by a physician, while employed
or appointed as a peace officer or law enforcement officer;
005.02A6d Has not illegally used any
dangerous drugs or narcotics, other than marijuana, for any purpose in the last
five (5) years.
005.02B For issues regarding good character,
the Director and Council will consider the aggravating circumstances listed in
paragraphs
005.02A(1)-(6). A
record manifesting a history of one or more of the aggravating circumstances
may constitute a finding that the applicant does not possess good character and
may constitute a basis for denial of admission into certification training.
These factors will be considered in conjunction with the mitigating and/or
extenuating circumstances as set out in section 005.03.
005.03 Mitigating and Extenuating
Circumstance Relevant to Good Character
005.03A While the Council recognizes that
there is no exact formula to determine whether an applicant possesses good
character, the Council believes that mitigating factors should be considered in
conjunction with the aggravating factors in order to determine a person has
good character. In making this determination of good character, the following
factors, although not exhaustive, should be considered in assigning weight and
significance to prior conduct that does not automatically disqualify an
applicant for consideration pursuant to State Statute
81-1410:
A. the applicant's age at the time of the
conduct;
B. the recency of the
conduct:
C. the reliability of the
information concerning the conduct;
D. the seriousness of the conduct;
E. the factors underlying the
conduct;
F. the cumulative effect
of the conduct or information;
G.
the evidence of rehabilitation;
H.
the applicant's positive social contributions since the conduct;
I. the applicant's candor in the admission
process; and
J. the materiality of
any omissions or misrepresentations.
005.04 Character Affidavits and Background
Investigation
All applicants shall complete the Council's Character
Affidavit and a thorough background investigation must be completed for each
applicant before the applicant is admitted into a Training Academy for Basic
(or Reserve) Certification Training. The affidavit and the background
investigation shall make inquiry into the qualifications of the applicant in
order to determine if the applicant meets the qualifications as set out in
State Statute
81-1410
and this Chapter.
005.04A The rules of
the Council for admission into a Training Academy place on the applicant the
burden of proving good character by producing documentation, reports, and
witnesses in support of the application. Each investigation will be initiated
by requiring the applicant to execute under oath a thorough application, and to
sign an authorization and release form that extends to the Council, the
Director or his/her designee and to any persons or institutions supplying
information thereto. The applicant will be informed of the consequences of
failing to produce information requested by the application and of making
material omissions or misrepresentations.
005.04A1 The Character Affidavit will be in
the form of a personal affidavit covering subject matter essential to the
determination of whether the applicant meets the admission qualifications as
provided by Neb. Rev. Stat. §
81-1410
and this Chapter. Only the Character Affidavit, as approved by the Council,
will be utilized by the applicant when applying for admission into a Training
Academy for Certification Training.
005.04A2 Applicants are under a duty to
disclose any and all information that may affect the applicant's qualifications
for entrance into certification training. Any deliberate omissions,
falsification, and/or misrepresentations made on the application or through the
application process, including the background investigation, are grounds for
denial of entrance into a Training Academy, suspension from training or
termination of training.
005.04B Background Investigations
005.04B1 A thorough background investigation
is to verify that the applicant meets both the statutory qualifications and the
Council qualifications. The background investigation should include, but not be
limited to:
005.04B1(a) Previous employment
information;
005.04B1(b) Law
enforcement records checks in area(s)of the applicant's residence;
005.04B1(c) Review, to include military
records, of events and circumstances that resulted in discharges from the Armed
Forces of the United States that are classified less than Honorable. The
following discharge classifications require a thorough review during the
background investigation.
General/Under Honorable Conditions Under Other Than Honorable
Conditions Uncharacterized
005.04B1(d) Verification of at least five (5)
character references, three (3) of which are not family or close personal
friends; and
005.04B1(e) Such other
means as deemed necessary and proper by the Council through the
Director.
005.04B2 The
background investigation should be conducted in order to determine if the
applicant meets minimum qualifications and should include, but does not have to
be limited to:
005.04B2(a) citations, arrests
or criminal charges on the applicant's records, regardless of the
disposition;
005.04B2(b) any
criminal convictions regardless of criminal classification or
disposition;
005.04B2(c) misconduct
in employment;
005.04B2(d) acts
involving dishonesty, fraud, deceit, or misrepresentation;
005.04B2(e) abuse of legal process, including
the filing of vexatious lawsuits;
005.04B2(f) neglect of financial
responsibilities;
005.04B2(g)
neglect of professional responsibilities;
005.04B2(h) violation of a court order,
including child supports;
005.04B2(i) evidence of mental or emotional
instability; and
005.04B2(j)
evidence of drug or alcohol dependence or abuse.
005.04B3 The revelation or discovery of any
of the preceding should be treated as cause for further inquiry by the Director
and may necessitate a finding before the Police Standards Advisory Council on
the issue of whether the applicant possesses the good character and fitness to
serve as a law enforcement officer in the State of Nebraska.
005.05 A Background
investigation shall only be conducted by the following individuals or agencies:
005.05A The Director or his/her designee,
when the applicant is not employed as a law enforcement officer/trainee or when
the applicant is a newly elected or appointed Sheriff or newly appointed agency
administrator who is not certified as a law enforcement officer at the time of
election or appointment.
005.05B
The head of the agency or his/her designee that has appointed the applicant as
a law enforcement officer; or
005.05C The head of the agency or his/her
designee that has hired the applicant as a trainee.
005.06 Documentation of background
investigation and results of investigation
005.06A Results of Investigation. The
individual conducting the background investigation shall submit to the Council
a certification that the applicant meets the admission qualifications under
State Statute
81-1410
and this Chapter, and that a background investigation has been conducted and
documented in the agency files along with the name(s) of the investigator(s)
and dates of the investigation.