503 KAR 3:040. Telecommunications (Public Safety Dispatch)
Academy trainee requirements; misconduct; penalties; discipline procedures.
RELATES TO: KRS 15.530-15.590
STATUTORY AUTHORITY: KRS 15A.070(1), (5)
NECESSITY, FUNCTION, AND CONFORMITY: KRS
15A.070(1) requires the Department of Criminal Justice Training to establish,
supervise, and coordinate training programs and schools for law enforcement
personnel. KRS 15A.070(5) authorizes the commissioner to promulgate
administrative regulations. This administrative regulation establishes conduct
requirements of trainees attending the telecommunications (public safety
dispatch) academy conducted by the Department of Criminal Justice Training,
procedures for disciplinary action, and penalties for violations of conduct
requirements.
Section 1. Uniforms and Criminal History
Records Check Required. (1) A trainee shall wear a uniform, approved by the
department, while participating in the academy.
(2) The required uniform shall consist
of:
(a) Men:
1. Polo shirt with DOCJT logo, supplied
by the department;
2. Solid black dress pants with belt
loops. Cargo pants or low-cut pants shall not be worn;
3. Black belt;
4. Black socks above the ankles. Footies
shall not be worn; and
5. Black, plain-toe, dress shoes.
Athletic shoes shall not be worn with the uniform; or
(b) Women:
1. Polo shirt with DOCJT logo, supplied
by the department;
2. Solid black dress pants with belt
loops or knee-length skirt. Cargo pants or low-cut pants shall not be worn:
3. Black belt;
4. Black socks or hose above the ankles.
Footies or anklets shall not be worn; and
5. Black, plain, closed-toe, dress shoes.
Athletic shoes shall not be worn with the uniform.
(3) The following may be worn with the
uniform:
(a) A dark blue or black jacket or
sweater;
(b) A black undershirt or turtleneck; and
(c) The Department of Criminal Justice
Training cap.
(4) The trainee’s employing agency shall
submit Form 151 to the department stating that:
(a) A criminal history check, in
accordance with 503 KAR 1:140, Section 4(1)(f) and (2), has been conducted
within ninety (90) days before the trainee attends the Academy; and
(b) The trainee is not prohibited by
state or federal law from accessing the Criminal Justice Information System
(CJIS) or any other restricted records database.
(5) If the criminal history check
required by KRS 15.540(1)(c) has been performed within ninety (90) days before
the trainee arrives for the Academy, an additional criminal records check shall
not be required of the employing agency.
Section 2. Removing a Trainee from the
Academy. (1) Unqualified trainee. If a trainee does not meet the law
enforcement telecommunicator qualifications in KRS 15.540, he shall:
(a) Be removed from the academy by the:
1. Director;
2. Branch manager; or
3. Section supervisor; and
(b) Not receive credit for completed
portions of academy training.
(2) If a trainee is removed from the
academy, pursuant to subsection (1) of this section, within thirty (30) days of
the removal, he may request in writing an administrative hearing, which shall
comply with KRS Chapter 13B.
(3) Agency request. The department shall
remove a trainee from the academy upon written request of the trainee's law
enforcement agency. The trainee shall not receive credit for completed portions
of academy training.
Section 3. Gifts. A gift from trainees to
department staff shall conform with KRS Chapter 11A, the executive branch code
of ethics.
Section 4. Penalties for Misconduct. (1)
The penalties established in this section shall apply to a trainee’s failure to
meet conduct or honor code requirements of the department. The penalties are
listed in order of decreasing severity.
(a) Expulsion. The trainee is dismissed
from the academy, and all privileges are terminated.
(b) Suspension. The trainee is suspended
from the academy for a specified period of time; all privileges are rescinded
during the suspension period.
(c) Loss of privileges. The trainee's
privileges as specified in the imposed penalty are rescinded for a stated
period of time. The trainee's participation in academy activities is not
affected.
(d) Written reprimand. The trainee is
reprimanded in writing for violating a conduct or honor code requirement.
(e) Verbal warning. The trainee is warned
verbally that he has violated a conduct or honor code requirement.
(2) Second and subsequent violations.
(a) If a trainee has received a penalty
for violating a conduct or honor code requirement, upon a second violation of
any conduct or honor code requirement the next higher penalty shall be added to
the list of penalties which may be imposed for the second violation.
(b) If a trainee has previously received
two (2) penalties for violating two (2) conduct or honor code requirements,
upon a third or subsequent violation of any conduct or honor code requirement
the next two (2) higher penalties shall be added to the list of penalties which
may be imposed for the third or subsequent violation.
(3) Giving notice of disciplinary action
to trainee and trainee's agency. The department shall give written notice to a
trainee of any penalty imposed upon him. The trainee's agency shall be given
written notice of any penalty imposed upon the trainee.
(4) Penalty records.
(a) The department shall keep a written
record of a penalty imposed on a trainee by placing it in the trainee's file.
(b) Except if required by law, a
trainee's training file shall not be available for access except by:
1. The department, including the
department’s use of redacted records for accreditation purposes;
2. The trainee; or
3. The trainee's agency head.
Section 5. Termination of Dangerous or
Disruptive Situation. If the conduct or condition of a trainee constitutes an
immediate danger or an immediate threat of danger to self or others, or is disruptive
of, or is an immediate threat to be disruptive of a department activity, a
department staff member may take all reasonable steps necessary to terminate
the situation.
Section 6. Conduct Requirements. A
trainee attending the academy shall meet the conduct requirements established
in this section:
(1) General conduct - chain of command.
All communications shall follow chain of command of the department. Exceptions
are the unavailability of a supervisor, or the trainee’s complaint regarding a
supervisor. Penalty: verbal warning or written reprimand.
(2) General conduct - insubordination. A
trainee shall:
(a) Obey a lawful order from a department
staff member. Penalty: verbal warning, written reprimand, loss of privileges,
or suspension.
(b) Refrain from vulgarity, rudeness,
confrontation, or other disrespectful conduct directed toward a department
staff member, trainee, or other department trainee or guest. Penalty: verbal
warning, written reprimand, or suspension.
(3) General conduct - grooming.
(a) A male trainee:
1. Shall be clean shaven with sideburns
no longer than the bottom of the ear lobe;
2. May wear a mustache if he had it upon
arrival and keeps it neatly trimmed; and
3. Shall not wear a beard unless he
receives permission from the department, based upon:
a. A written request from the trainee’s
agency; and
b. A showing of good cause.
(b) A trainee’s hair, male or female,
shall:
1. Not be unkempt; and
2. Be kept above the collar.
(c) Jewelry.
1. A trainee may wear one (1) ring per
hand. A wedding ring and engagement ring worn together shall be considered one
(1) ring.
2. Necklaces, earrings, bracelets, and
other jewelry shall not be worn unless authorized by the coordinator.
(d) A trainee shall:
1. Practice good hygiene at all times;
and
2. Not wear excess perfume, cologne, or
other scented body products.
(e) Penalty: verbal warning or written
reprimand.
(4) General conduct - alcoholic beverages
and other intoxicants.
(a) A trainee shall not possess, consume,
nor be under the influence of alcoholic beverages, controlled substances, or
other intoxicating substances not therapeutically prescribed by a physician or
a qualified medical professional while enrolled in the academy. Penalty:
written reprimand, loss of privileges, suspension, or expulsion.
(b) If a trainee has taken a controlled
substance as prescribed by a physician or has taken any other medication,
whether prescribed or not, he shall not participate in any academy activity if
he is under the influence thereof to the extent that the trainee may be
impaired or may endanger himself or other persons or property. A trainee shall
advise the class coordinator or the section supervisor in writing of the use of
a controlled substance or medication whether or not it has been prescribed by a
physician or a qualified medical professional. Penalty: verbal warning, written
reprimand, or suspension.
(c) Confiscation.
1. If a dormitory staff member,
department instructor, section supervisor, branch manager, or other department
staff observes an unlawfully possessed intoxicating substance, he shall
immediately confiscate it.
2. A confiscated item shall be stored in
a secure facility of the department until the item is disposed of by the
department.
(5) General conduct - weapons and other
dangerous devices.
(a) A trainee shall not possess deadly
weapons (as defined in KRS 500.080), ammunition, destructive devices (as
defined in KRS 237.030), booby trap devices (as defined in KRS 237.030), hazardous
substances (as defined in KRS 224.1-400), fireworks, knives (except an ordinary
pocketknife), or instruments used by law enforcement for control purposes (such
as batons, stun guns, Mace, and pepper spray) on property used by the
department except under circumstances specifically authorized by the
department. Penalty: verbal warning, written reprimand, loss of privileges, suspension,
or expulsion.
(b) Confiscation.
1. If a dormitory staff member,
department instructor, section supervisor, branch manager, director, or
commissioner observes an unlawfully possessed weapon or other dangerous device,
he shall immediately confiscate it.
2. Confiscated items shall be stored in a
safe and secure facility of the department pending appropriate disposition.
(6) General conduct - department property.
(a) A trainee shall not damage, destroy,
fail to return, or be wasteful of property of the department or any other
facility used by the department. Penalty: verbal warning, written reprimand,
loss of privileges, suspension, or expulsion.
(b) A trainee shall not have successfully
completed the academy, and shall not be allowed to graduate until he has
returned all issued items or made satisfactory arrangements to pay for unreturned
or damaged items.
(7) General conduct - conduct unbecoming
a trainee. A trainee shall not:
(a) Engage in criminal activity,
including acts which would constitute a felony, misdemeanor or violation, while
enrolled in the academy. Depending on the nature of the conduct, the trainee
shall be penalized by a verbal warning, written reprimand, loss of privileges,
suspension, or expulsion.
(b) Engage in conduct which creates a
danger or risk of danger to the trainee or another, possess obscene material as
defined in KRS 531.010, engage in conduct which is unreasonably annoying, engage
in fighting, engage in violent, tumultuous or threatening conduct, or engage in
sexual harassment or conduct which is patently offensive. Penalty: verbal
warning, written reprimand, loss of privileges, or expulsion.
(c) Engage in conduct which violates an
Eastern Kentucky University policy or rule. The location of the policies and
rules shall be provided to each trainee at the beginning of the academy
training. Penalty: verbal warning, written reprimand, loss of privileges, or
probation.
(8) Academy activities - uniforms.
(a) A trainee shall wear the uniform
required by Section 1 of this administrative regulation. Penalty: verbal
warning or written reprimand.
(b) Uniforms shall be clean, pressed, and
in good condition. Penalty: verbal warning or written reprimand.
(c) A name tag, provided by the
department, shall be worn on the right shirt breast. Penalty: verbal warning or
written reprimand.
(d) Sleeves on long-sleeved shirts shall
not be rolled up. Penalty: verbal warning or written reprimand.
(e) Additional clothing may be worn
during an academy activity if authorized by the instructor.
(9) Academy activities - absences.
(a) A trainee shall be considered absent
if he is not physically present in a class or other required department
activity for more than ten (10) minutes. A trainee shall be considered tardy if
he is not physically present at a class or other required department activity
for fewer than ten (10) minutes. A trainee shall give advance notice of an
absence if possible. Penalty: verbal warning or written reprimand.
(b) An absence shall be excused if the
trainee was absent due to:
1. Illness;
2. Illness of an immediate family member;
3. Death of an immediate family member;
4. Necessity of trainee's agency; or
5. Emergency circumstances.
(c) An absence from the academy shall be
approved by the section supervisor or branch manager.
(d) If a trainee's absence is excused, he
shall make up for the absence by completing an assignment provided by the
instructor who taught the missed unit. Failure to make up the work shall be
deemed a failure for that academy area.
(e) If a trainee’s absence is excused and
he or she misses more than ten (10) percent of the total hours of the academy,
the trainee shall be withdrawn from the academy and reenrolled in a subsequent
class beginning at the point at which the trainee was absent. The time period
for reenrollment in a subsequent class shall not exceed six (6) months from the
date of the class from which the trainee was withdrawn.
(f) If a trainee’s absence is unexcused
and he or she misses more than ten (10) percent of the total hours of the
academy, the trainee shall be withdrawn from the academy and receive no credit
for completed training.
(10) Academy activities - breaks.
Trainees shall be allowed a ten (10) minute break per hour of instruction, if
possible. A trainee shall not take a break in an area restricted by the
department. Penalty: verbal warning or written reprimand.
(11) Academy activities - general
conduct.
(a) A trainee shall be attentive during
academy activities. Penalty: verbal warning or written reprimand.
(b) A trainee shall not possess any
electronic devices during scheduled training hours unless written permission is
granted by the class coordinator. Electronic devices shall include cellular telephones,
mp3-type audio players, cameras, and recording devices. Penalty: verbal warning
or written reprimand.
(c) A trainee shall not use tobacco
products during, or bring food or drink into an academy activity unless so
permitted by the branch manager, training director, or commissioner. Penalty:
verbal warning or written reprimand.
(d) A trainee shall not engage in conduct
which creates or may create a risk of injury to others.
(12) Academy activities - dishonesty. A
trainee shall not cheat or attempt to cheat on a test or on any other
assignment or activity; or alter or attempt to alter a test grade or other
evaluation result; or engage in any other conduct intended to gain an
undeserved evaluation for himself or another. Penalty: verbal warning, written
reprimand, loss of privileges, suspension, or expulsion.
(13) Residence hall.
(a) During the academy a trainee shall
reside in the residence hall designated by the department.
(b) A trainee shall return to his
residence hall at curfew times designated by the commissioner, Sunday through
Thursday evenings, and remain there until 5 a.m. the next morning. Exceptions
shall be approved by the class coordinator and reported in writing through
channels to the director. Penalty: verbal warning, written reprimand, or loss
of privileges.
(c) A trainee shall observe "lights
out" by 11:30 p.m. Sunday through Thursday except on nights prior to an
academic test when the time shall be extended to 12 midnight. Penalty: verbal
warning or written reprimand.
(d) Each trainee shall be responsible for
cleaning his area. Each morning, prior to leaving for class training, a trainee
shall ensure his room is clean and free of trash, with beds made and the room
ready for inspection. Penalty: verbal warning, written reprimand, or loss of
privileges.
(e) Doors shall be locked whenever a room
is unoccupied. Penalty: verbal warning or written reprimand.
(f) The use of hot plates is prohibited.
Penalty: verbal warning, written reprimand, or loss of privileges.
(g) All residence hall rooms, closets,
and containers therein may be inspected by department staff for purposes of
safety, sanitation, and rule violations.
(h) A trainee residing at the residence
hall shall not:
1. Have any person of the opposite sex in
his room without the permission of the department. Penalty: verbal warning,
written reprimand, loss of privileges, or suspension.
2. Have a visitor in his room after 9
p.m. Penalty: verbal warning, written reprimand, or loss of privileges.
3. Keep pets, animals, or birds of any
kind in his room. Penalty: verbal warning, written reprimand, or loss of
privileges.
4. Engage in dangerous, disruptive,
immoral, or obscene behavior. Penalty: verbal warning, written reprimand, loss
of privileges, or suspension.
Section 7. Honor Code. (1) The trainee
shall abide by the provisions of the honor code which reads as follows: We are
a dynamic team of individuals who possess a wide array of talent and strengths.
In order for our team to grow and be successful, we will respect the leadership
of the agency and follow directives to the best of our ability. We will make
sacrifices for the benefit of the team. We will practice humility and show a
spirit of compromise. As trainees of the Department of Criminal Justice Training,
Telecommunications (Public Safety Dispatch) Academy, we will not lie, steal or
cheat nor tolerate any among us who do. We will keep our private lives
honorable as an example to all. We will be exemplary in obeying the laws of the
Commonwealth and the administrative regulations of the Department of Criminal
Justice Training. Whatever we see or hear of a confidential nature or confided
to us in our official capacity shall be kept confidential unless revelation is
necessary in the performance of duty. We will never allow personal feelings,
prejudices, ill will, or friendships to influence our decisions. We know that
each of us is individually responsible for standards of professional
performance. Therefore, we will make the utmost effort to improve our level of
knowledge and competence. We recognize the badge of our office as a symbol of
public faith and accept it as a public trust to be held so long as we are true
to the ethics of public safety. We will constantly strive to achieve these
ideals, dedicating ourselves to our chosen profession - public safety.
(2) The penalty for violating the honor
code shall be: verbal warning, written reprimand, loss of privileges,
suspension, or expulsion.
(3) All trainees shall report honor code
violations to the class coordinator.
(4) All disciplinary procedures contained
in this administrative regulation shall apply to the honor code violation. The
department may pursue separately any additional offenses discovered during the
investigation of the honor code violation.
Section 8. Department’s Responsibilities
to Trainee’s Agency. In order to keep the agency advised of the trainee’s
progress and performance in the academy so that the agency may adequately assess
the trainee’s ability to perform required duties, the department shall provide
the following to the police chief, sheriff, or chief administrator of the
trainee’s agency:
(1) Trainee performance report which
shall be completed at the completion of the academy and shall include trainee
conduct, demonstrated leadership abilities, examination scores, and overall
effort on performance, observed social and interpersonal skills, and appearance;
(2) Immediate notice of specific
nonperformance, misconduct, or lack of progress; and
(3) Immediate notice of any off-campus
activity which reflects negatively on the profession, including the following:
(a) Parking an agency-owned or assigned
vehicle at a:
1. Bar;
2. Tavern;
3. Lounge;
4. Nightclub; or
5. Other establishment with the primary
purpose of serving alcoholic beverages;
(b) Disorderly conduct;
(c) Speeding; or
(d) Other behavior that gives rise to a
complaint by a citizen, student, or department staff member.
Section 9. Summary Discipline. Except for
summary discipline, a penalty shall not be imposed upon a trainee unless
charges have first been brought by the legal officer. (1) The department staff
members listed in this subsection may impose the specified penalties summarily
without meeting the requirements of the formal disciplinary procedures provided
by Sections 10 through 15 of this administrative regulation. To have the
authority to impose summary discipline, the staff member shall believe by a
preponderance of the evidence that the trainee has engaged in the misconduct.
(a) A department instructor may summarily
impose a verbal warning.
(b) The section supervisor, branch
manager, director, or commissioner may summarily impose a verbal warning,
written reprimand, or loss of privileges.
(2) Before imposing a penalty summarily,
the staff member shall give the trainee the opportunity to give an explanation.
(3) A summarily imposed penalty shall be
reviewed by, and may be rescinded or modified by, the immediate supervisor of
the staff member imposing the penalty. The reviewer shall provide the trainee
with the opportunity to give an explanation.
Section 10. Removal From the Academy
Pending an Initial Appearance Before the Commissioner. (1) If a request for
charges is filed against a trainee, the commissioner or director may remove the
trainee from some or all training until the trainee's initial appearance before
the commissioner if he has reasonable grounds to believe the alleged misconduct
took place and:
(a) He has reasonable suspicion to
believe the trainee would be dangerous or disruptive if not removed; or
(b) The trainee may be charged with
misconduct serious enough to authorize expulsion.
(2) A trainee who has been removed from
the academy pending an initial appearance before the commissioner shall be
provided the initial appearance within three (3) training days of the removal.
Section 11. Complaint. Anyone having
reasonable grounds for believing that a trainee has violated a conduct or honor
code requirement identified in this administrative regulation may file a complaint
with the section supervisor. This complaint shall be in writing setting forth
the facts upon which the complaint is based.
Section 12. Investigation by Section
Supervisor. (1) If the section supervisor receives a complaint of or witnesses
apparent misconduct, he shall take statements and otherwise investigate the
matter.
(2) After investigating the matter, the
section supervisor shall:
(a) Take no action if none is justified
by the evidence;
(b) Impose appropriate summary
discipline; or
(c) File, with the legal officer, a
written request that charges be brought against the trainee. The request for
charges shall describe the alleged misconduct and designate the specific
conduct requirements violated. All pertinent evidence and documents including
the complaint, and statements of the trainee and witnesses shall be forwarded
to the legal officer.
Section 13. Review by Legal Officer;
Placing Charges. (1) The legal officer shall review the request for charges and
the supporting evidence and documents.
(2) The legal officer may make or cause
further inquiry into the matter for additional information.
(3) The legal officer shall either:
(a) File any charges against the trainee
as he believes are justified by the evidence; or
(b) Deny the request for charges if the
evidence does not support any charges. If the legal officer declines to file
charges, he shall provide the commissioner with a statement of his reasons for
not filing charges.
(4) The charging document shall:
(a) Be in writing;
(b) Particularly describe the alleged
misconduct so as to reasonably inform the trainee of the nature of the
allegation;
(c) State the time, date, and place the
trainee shall make an initial appearance before the commissioner to answer the
charges;
(d) Be signed by the legal officer; and
(e) Be served upon the trainee at least
one (1) hour before his initial appearance before the commissioner.
Section 14. Initial Appearance Before the
Commissioner. (1) The initial appearance before the commissioner shall be held
no more than three (3) training days after the charges have been served on the
trainee. If the trainee, after receiving proper notice, fails to appear, the
commissioner may proceed in his absence and the trainee shall be notified in
writing of any action taken.
(2) At the initial appearance before the
commissioner:
(a) The legal officer shall:
1. Read the charges to the trainee; and
2. Explain to the trainee:
a. The charges;
b. His right to a hearing in accordance
with KRS Chapter 13B; and
c. His right to be represented by legal
counsel.
(b) The legal officer shall explain to
the trainee the possible answers to the charges: admit the charges are true,
deny the charges are true but waive a hearing, or deny the charges are true and
ask for a hearing.
(c) The commissioner shall advise the
trainee of the penalty which shall be imposed if the trainee admits the charges
or waives a hearing.
(d) The trainee shall be requested to
answer the charges.
(e) If the trainee chooses to waive his
rights and admits the charges or denies the charges but waives a hearing:
1. He shall be permitted to make a
statement of explanation; and
2. The commissioner shall impose a
penalty.
(f) If the trainee denies the charges and
requests a hearing, or refuses to answer the charges, the commissioner shall
set a date for the hearing. A notice of administrative hearing as required by
KRS 13B.050 shall be served on the trainee within forty-eight (48) hours of the
initial appearance before the commissioner.
(3) The commissioner may remove the trainee
from some or all training until the hearing if:
(a) He has reasonable grounds to believe
the trainee would be dangerous or disruptive if not removed; or
(b) The trainee is charged with
misconduct serious enough to authorize expulsion as a possible penalty.
Section 15. Hearing. The hearing shall be
conducted in accordance with KRS Chapter 13B.
Section 16. Incorporation by Reference.
(1) DOCJT Form 151, "Applicant Confirmation", 05-08-14, is
incorporated by reference.
(2) This material may be inspected,
copied, or obtained, subject to applicable copyright law, at Department of
Criminal Justice Training, Funderburk Building, Kit Carson Drive, Richmond,
Kentucky 40475-3102, Monday through Friday, 8:00 a.m. to 4:30 p.m. (25 Ky.R. 2063; Am.
2877; eff. 6-16-1999; 30 Ky.R. 2368; 31 Ky.R. 72; eff. 8-6-2004; 36 Ky.R. 2379;
37 Ky.R. 709; 10-1-2010; 38 Ky.R. 1382; 1562; eff. 4-6-2012; 41 Ky.R. 104; 454;
eff. 10-3-2014.)
