Current through Register No. 12, March 21, 2024
(a) The council
shall, unless it has just cause to do otherwise as provided in (e) below, order
the suspension or revocation of the certification of any police or corrections
officer for any of the following reasons:
(1)
The certification was obtained by fraudulent or illegal means;
(2) The officer has been convicted either
prior to or after certification of a crime which constitutes a felony in this
or any other state, territory, province or country;
(3) The officer has been convicted either
prior to or after certification of a misdemeanor for which there was a sentence
of incarceration, regardless of whether all or part of the sentence was
suspended;
(4) The officer has been
convicted either prior to or after certification of a crime of moral turpitude
or of a crime which tends to bring discredit on the police or corrections
service, including but not limited to:
a.
Theft;
b. Assault;
c. DWI;
d. Criminal threatening;
e. Reckless conduct;
f. Corrupt practices;
g. Falsification of documents or
evidence;
h. Fraud;
i. Sexual assault;
j. Public indecency;
k. Stalking or criminal violation of a
protective order;
l. Reckless
driving; or
m. Disobeying an
officer;
(5) The
officer's discharge has become final or he or she has been allowed to resign in
lieu of discharge, has resigned during an internal investigation, or resigned
through a negotiated resignation, from police or corrections employment in this
or any other state, country, or territory for reasons of:
a. A lack of moral character as defined in
Pol
101.28 or
Pol
402.02(l);
b. Moral turpitude as defined in
Pol
101.29; or
c. For acts or omissions of conduct which
would cause a reasonable person to have doubts about the individual's honesty,
fairness, and respect for the rights of others and for the laws of the state or
nation;
(6) The officer
has, after being hired as a police, corrections or probation/parole officer:
a. Used marijuana;
b. Illegally used or possessed any other
controlled substance; or
c.
Illegally purchased, sold, cultivated, transported, manufactured, or
distributed a controlled drug or an imitation controlled drug;
(7) The officer is unable to
continue as an active duty police, corrections or probation/parole officer for
a period of 45 days or more by reason of a severe level mental disorder as
diagnosed by a psychologist or psychiatrist who uses mental status examinations
and standardized psychological tests normed for police or corrections
officers;
(8) A law enforcement
officer has willfully:
a. Violated council
rules relative to himself or herself or the officers working under his/her
control;
b. Submitted false or
forged documents; or
c.
Misrepresented a document or testimony before the council;
(9) The officer's certificate was issued
through administrative error;
(10)
The officer has failed or refused to complete the applicable firearms training
requirements of Pol 404.03 or the in-service
training requirements of
Pol
403.01; until the requirements have been
met;
(11) A part-time officer has
worked more than 1300 hours in a calendar year without successfully completing
the full-time academy; or
(12) The
officer has entered no plea or an innocent plea to a criminal offense, and
agreed to participate in a diversion program in lieu of a trial.
(b) A certification shall be
temporarily suspended pending resolution of criminal charges if the officer has
been arrested, indicted or bound over either prior to or after certification
for a felony or any crime involving moral turpitude or of a crime which tends
to bring discredit on the police, corrections, or probation/parole service,
unless the council, in its discretion, determines that the safety of the public
or the confidence in the criminal justice system would not be adversely
affected.
(c) Examples of crimes
that involve moral turpitude or of a crime which tends to bring discredit on
the police, corrections or probation/parole service shall include but not be
limited to:
(1) Theft;
(2) Assault;
(3) DWI;
(4) Criminal threatening;
(5) Reckless conduct;
(6) Corrupt practices;
(7) Falsification of documents or evidence
resulting in unsworn falsification, false testimony or evidence
tampering;
(8) Fraud;
(9) Sexual assault; and
(10) Public indecency.
(d) A certification shall be suspended if the
officer has attempted suicide or self-mutilation, or committed self-mutilation,
until such time as an evaluation by a licensed psychologist selected by the
council certifies the person as fit for duty.
(e) The council shall apply a balancing test
to determine whether factors constituting just cause outweigh the public
interest in protecting the safety of the public or confidence in the criminal
justice system, including maintaining the integrity of sworn law enforcement,
if a violation of section (a) or (d) of this rule is found. If any just cause
demonstrated by the officer outweighs the purpose of protecting the safety of
the public or confidence in the criminal justice system including maintaining
the integrity of sworn law enforcement, the council shall decline to order
suspension or revocation.
(f)
Examples of just cause pursuant to (e) above shall include but not be limited
to:
(1) Suspension or revocation would not
have a rehabilitative value; and
(2) The officer's health or service status
makes suspension or revocation a needless gesture.
(g) In determining whether to suspend,
revoke, or impose no sanction, the council shall apply the following factors in
determining the level or kind of disciplinary sanction imposed:
(1) The seriousness of the offense;
(2) The officer's prior disciplinary
record;
(3) The officer's
acknowledgment of his or her wrongdoing;
(4) The purpose of the rule or statute
violated;
(5) The potential harm to
the safety of the public or confidence in the criminal justice system,
including maintaining the integrity of sworn law enforcement.
(h) A suspension or revocation
imposed upon an officer pursuant to (g) above shall be intended to be the
minimum sanction or sanctions, both in type and extent, that the council
believes will, based upon the unique facts and circumstances of each act of
misconduct:
(1) Protect the safety of the
public or confidence in the criminal justice system, including maintaining the
integrity of sworn law enforcement; and
(2) Deter both the officer charged and any
other officer from engaging in such misconduct in the future.
(i) If a person has been denied a
certificate after exhausting all appeals under this section, the council shall
accept a petition for rescission of the denial no sooner than 12 months
following the date of denial. The petitioner shall state in writing the reasons
why the denial should be rescinded.
(j) If a person has had his or her
certificate revoked after exhausting all appeals under this section, the
council shall accept a petition for rescission of the revocation after no
sooner than 24 months following the date of denial. The petitioner shall state
in writing the reasons why the action should be rescinded. The action shall be
rescinded if conditions or circumstances have changed so that the basis for the
action no longer exists.
(k) If a
petition for rescission is based on one or more of the reasons set out in
Pol
402.02, a hearing on the petition shall be held as
provided in Pol 200. If the denial is rescinded, the petitioner shall be
eligible for hire by a participating police department, but shall serve a
probationary period as defined in
Pol
101.35, before he or she shall be
recertified.
(l) For purposes of
this section, a determination of a lack of "good moral character" shall not be
restricted to acts that reflect only moral turpitude, but shall be based upon
the consideration of all aspects of a person's character as exemplified by
their behavior, including but not limited to the following:
(1) Violation of a statute of this or any
other state, territory or nation for which a penalty may be imposed;
(2) Conduct involving dishonesty, fraud, or
attempted deception regarding an application, examination or other document for
securing employment, eligibility, or certification;
(3) Conduct involving misrepresentation or
tampering with official records or reports, tampering with witnesses or
falsifying evidence; and
(4)
Conduct that would adversely reflect on a person's fitness to perform law
enforcement or corrections duties, including but not limited to:
a. The excessive and illegal use of
force;
b. Intoxication while on
duty;
c. Sale or use of illegal
controlled substances;
d.
DWI;
e. Domestic abuse;
f. Undue familiarity with known criminals,
which for the purposes of this clause means any social or sexual relationship
between an officer subject to certification by the police standards and
training council and a known criminal;
g. Sexual harassment;
h. Stalking or criminal violations of a
protective order;
i. Slanderous use
of confidential information;
j.
Bribery or acceptance of illegal gratuities;
k. Theft or misappropriation of funds or
property;
l. Adultery;
m. Child abuse;
n. Perjury;
o. Assault; or
p. Disorderly conduct.
(m) A person who has had their
police, corrections or probation/parole officer certification revoked or
suspended shall not be allowed to work in a capacity that would allow them to
exercise the same authority as a certified officer or that would give the
appearance that they have the same authority as a certified officer during the
period of suspension or revocation.
#1534, eff 2-17-80; ss by #1988, eff 3-25-82; ss by #2783,
eff 7-27-84; ss by #4437, eff 6-22-88; ss by #5836, eff 6-15-94; ss by #7302,
eff 6-8-00; ss by #9168, INTERIM, eff 6-3-08, EXPIRES: 11-30-08; ss by #9224,
eff 8-1-08; ss by #9827, eff 11-30-10; ss by #9896, eff 3-26-11; ss by #10352,
eff 6-4-13