503 KAR 5:090. Participation: requirements; application; withdrawal

Link to law: http://www.lrc.ky.gov/kar/503/005/090.htm
Published: 2015

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      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.)