503 KAR 5:090.
Participation: requirements; application; withdrawal.
RELATES TO: KRS
15.440
STATUTORY AUTHORITY:
KRS 15.450(1)
NECESSITY, FUNCTION,
AND CONFORMITY: KRS 15.450(1) authorizes the Secretary of the Justice 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.
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 education diploma 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 with 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 compliance with 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 640 hour basic training course; or
2. A basic training course approved and
recognized by the council which consists of a minimum of 640 hours with a
course content equivalent to the Department of Criminal Justice Training 640
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;
(d) If the officer has 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;
b. Orientation for new police chiefs; or
c. Mandatory duties of the sheriff.
(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 backpayment 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 backpayment 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;
(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.
(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 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.
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 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. (11 Ky.R. 1546; eff. 5-14-85; Am. 12 Ky.R. 1629; 1834; eff.
5-6-86; 16 Ky.R. 1986; eff. 5-13-90; 26 Ky.R. 1205; eff. 2-14-2000; 28 Ky.R.
143; eff. 9-10-2001; 29 Ky.R. 2347; 2670; eff. 5-15-03.)
