Law Enforcement Standards and Training in Arkansas

by

Clayton Moss

Many specialized job fields require some type of training and the field of law enforcement is no different. However, law enforcement officers must meet specific standards and training requirements in order to retain their status as law enforcement officers. In the state of Arkansas, these standards are established by the Executive Commission on Law Enforcement Standards and Training. The Commission was created by House Bill 577 enacted by the Seventieth General Assembly and became known as Act 452 of 1975. It later was compiled as Arkansas Statute Annotated 42-1001-1009 and presently Arkansas Code of 1987 Annotated 12-9-101 – 12-9-109. The Act granted the Executive Commission the power to establish reasonable minimum standards for selection and training of law enforcement officers in Arkansas, to certify officers as being qualified by training and education, to examine and evaluate instructors and courses of instruction and certify extent of qualification respectively. The stated goal of the Commission is to establish the role of the law enforcement officer as a profession, thereby presenting the citizens of the State of Arkansas with officers, who have the knowledge and skill to detect, prevent, and reduce crime.

Commission’s Objectives

The objectives of the Commission on Law Enforcement Standards and Training are:

A. To encourage increasing the professional competency of law

enforcement officers:

1. By establishing minimum standards for employment including

minimum standards of education, physical, emotional, intellectual and

moral fitness, and such other matters as relate to the competence and

reliability of persons seeking employment within the public law

enforcement service.

2. By establishing minimum standards for the training of law enforcement

officers.

3. By providing, sponsoring or coordinating law enforcement training

courses.

B. To conduct or stimulate studies and research designed to improve law

enforcement administration and law enforcement within the state and

assist in the implementation of Commission recommendations.

Commission’s Powers

Arkansas Code 12-9-104 states that the Arkansas Commission on Law Enforcement Standards and Training shall have power to:

A. Promulgate rules and regulations for the administration of this subchapter.

The rules and regulations promulgated by the Commission on Law

Enforcement Standards and Training shall not go into full force and effect

until the Commission seeks the advice of the Arkansas Legislative Council

and the Joint Interim Committee on Public Health, Welfare, and Labor.

B. Require the submission of reports and information by police departments

within the state.

C. Establish minimum selection and training standards for admission to

employment as a law enforcement officer. The standards may take into

account different requirements for urban and rural areas, full-time and part-

time employment, and specialized police personnel. However, the

minimum selection and training standards for admission to employment as

a law enforcement officer shall not apply to volunteer police auxiliary

officers, volunteer officers of sheriff’s mounted patrols, or to honorary

police officer commissions issued by appropriate police authority.

D. Establish minimum curriculum requirements for preparatory in-service and

advanced courses and programs of schools operated by or for the state and

political subdivisions for the specific purpose of training recruits for law

enforcement officers.

E. Consult and cooperate with counties, municipalities, agencies of the state,

other governmental agencies, and with universities, colleges, junior

colleges, community colleges, and other institutions or organizations

concerning the development of police training schools and programs or

courses of instruction.

F. Approve institutions and facilities to be used by or for the state or any

political subdivision thereof for the specific purpose of training law

enforcement officers and recruits.

G. Adopt rules and minimum standards for schools which shall include, but

not be limited to the following:

1. The curriculum for probationary police officers which shall be offered

by all certified schools shall include, but not be limited to, courses on

arrest, search and seizure, civil rights, human relations, criminal law,

law of criminal procedure, vehicle and traffic law, traffic control and

accident investigation, techniques of obtaining physical evidence, court

testimonies, statements, reports, firearms training, first aid, handling of

juvenile offenders, recognition of mental conditions which require

immediate assistance and methods to safeguard and provide assistance

to a person in need of mental treatment, law of evidence, and physical

training.

2. The curriculum for permanent police officers shall include, but not be

limited to, refresher and in-service training in any of the subjects listed

above, advanced courses in any of the subjects listed above, training

for supervisory personnel, and specialized training in subjects and

fields to be selected by the board.

3. Minimum courses of study, attendance requirements, and equipment

requirements.

4. Minimum requirements for instructors.

5. Minimum basic training requirements which a probationary police

officer must satisfactorily complete before being eligible for permanent

employment as a law enforcement officer.

H. Make and encourage studies of any aspect of police administration.

I. Conduct and stimulate research by public and private agencies designed to

improve police administration and law enforcement.

Minimum Standards for Employment (All Officers)

According to the Commission, every officer employed by a law enforcement unit shall:

A. Be a citizen of the United States.

B. Be at least 21 years of age.

C. Be fingerprinted and a search initiated of state and national fingerprint files

to disclose any criminal record.

D. Be free of a felony record. A felony record shall mean having entered a

plea of guilty, been found guilty, or otherwise having been convicted of an

offense, the punishment for which could have been imprisonment in a

federal penitentiary or a state penitentiary. The fact that an individual has

received a pardon, or their record has been expunged shall not release the

individual from having a felony record for the purposes of this regulation.

E. Be of good character as determined by a thorough background

investigation.

F. Be a high school graduate or have passed the General Education

Development test indicating high school graduation level.

G. Be examined by a licensed physician and meet certain physical

requirements.

1. Vision - Applicant must possess normal color discrimination, normal

depth perception and peripheral vision of at least 75 degrees in each

eye. Applicant must possess uncorrected visual acuity of 20/100 or

better in each eye, corrected to 20/20 in each eye, both at 16 inches

and 20 feet. Vision correction, when required, may be either glasses

or contact lenses. Applicant must have no active internal or external

eye pathology. Should and eye pathology be found, the applicant

must be referred to an appropriate practitioner. There must be no

apparent eye deviation.

2. Hearing - Applicant must be free of any hearing defect which in the

opinion of the examining physician would adversely affect the

performance of duty. Hearing may be considered normal when a

whispered conversation can be heard at 15 feet.

H. Be interviewed personally prior to employment by the department head or

his representative, or representatives to determine such things as the

applicant’s motivation, appearance, demeanor, attitude and ability to

communicate.

I. Be examined by an individual licensed to practice psychiatry or psychology

and qualified to perform such evaluations in the State of Arkansas, who

after examination finds the officer to be competent and recommends the

agency to hire the individual.

J. Possess a valid driver’s license.

Law enforcement officers who have complied with the minimum standards who terminate their employment and are re-employed by a law enforcement agency within six months following their termination date, may transfer the required documentation evidencing compliance with the standards to the files of the new agency. The only pre-employment requirement that the new employer will be required to complete is a new background investigation and oral interview. The employing agency may require the officer to meet any or all pre-employment requirements, again, if they so desire.

Failure to Meet Standards

A. Any individual who fails to meet the physical or mental minimum standards

shall be individually reviewed to determine if said person can perform the

essential functions of the duties of a law enforcement officer, with or

without reasonable accommodations. The employing or appointing agency

shall first determine if the individual can perform the essential functions of

the duties of a law enforcement officer. If the agency believes that

individual can perform the essential functions, the agency shall ask the

Commission to make a determination on the individual. If the Commission

determines, by a majority vote, that the individual can perform the essential

functions of a law enforcement officer, with or without reasonable

accommodations, and the employing agency agrees to the reasonable

accommodations, then the Commission shall waive the minimum standard

in question.

B. If an officer is determined to be in noncompliance with the minimum

standards, the Commission will notify the director of the employing agency

by certified letter. The Commission shall give the individual and the

employing agency a reasonable amount of time to remedy the deficiency.

If at the end of that period, including any extension thereof, the individual

remains in noncompliance, the individual will not be eligible to function as

a law enforcement officer until proof of compliance is presented to the

Commission by the agency director or his representative. In addition, at the

end of the period allowed by the Commission for the individual to remedy

the deficiency, if the officer remains in noncompliance, the officer will be

removed from the agency payroll and will not be eligible to be employed in

any capacity as a law enforcement officer until compliance is met and proof

is furnished to the Commission. In the event the agency refuses to remove

the officer from the payroll and/or continues to allow the officer to serve as

a law enforcement officer, the Commission shall seek an injunction

prohibiting the agency from employing and/or using the officer and

prohibiting the officer from acting as a law enforcement officer.

Part-time I Officer

A Part-time I law enforcement officer is one who:

A. Is employed by and receives a salary authorized by a law enforcement unit;

B. Has the statutory authority to enforce the criminal, traffic or highway laws

of the state;

C. Works 20 or more hours but less than 40 hours per week.

Requirements:

A. Completed the minimum standards for employment for law enforcement

officers in the state of Arkansas.

B. Satisfactorily completed the prescribed Basic Police Training or its

equivalent.

C. Completed the 12 months probationary period with the employing

department.

Part-time II Officer

A Part-time II law enforcement officer is one who:

A. Is employed by and receives a salary authorized by a law enforcement unit;

B. Has the statutory authority to enforce the criminal, traffic or highway laws

of the state;

C. Works less than 20 hours per week.

Requirements:

A. Completed the minimum standards for employment for law enforcement

officers in the state of Arkansas.

B. Satisfactorily completed the prescribed Part-time Basic Police Training

Course consisting of not less than 100 hours or its equivalent.

C. Completed the 12 month probationary period with the employing

department.

Auxiliary Officer

An Auxiliary Law Enforcement Officer is any reserve, volunteer, posse, mounted patrol member or other groups or terms in common usage and refers to persons appointed and who receive no salary or wages for the performance of any assigned duty.

Requirements:

A. Completed the minimum standards for employment for law enforcement

officers in the state of Arkansas;

B. Training requirements shall be established by the Commission and the basic

training course shall not exceed the Part-time law enforcement officer's

training requirements.

C. Completed the 12 month probationary period with the appointing

department.

D. Satisfactorily completed not less than 100 hours of Commission approved

law enforcement training, which shall include a firearms qualification

course.

Authority of Officers:

A. An Auxiliary law enforcement officer shall have the authority of a police

officer as set forth by statutes of the state when the Auxiliary officer is

performing an assigned duty and is under the direct supervision of a Full-

time certified law enforcement officer.

B. When not performing an assigned duty and when not working under the

direct supervision of a Full-time officer, an Auxiliary officer shall have no

authority other than of a private citizen.

C. An Auxiliary officer, when not working under the direct supervision of a

Full-time officer, may perform tasks such as traffic direction, parade

functions, etc., that are clearly not law enforcement functions and are

assigned by the law enforcement agency.

Number Restricted:

A political subdivision is given the authority to appoint Auxiliary law enforcement officers and shall have no more Auxiliary law enforcement officers than the larger number of:

A. One Auxiliary law enforcement officer for each Full-time certified law

enforcement officer employed by the appointing law enforcement agency; or

B. One Auxiliary law enforcement officer for each 1000 persons in the

political subdivision as determined by the latest official census.

Specialized Police Personnel

Specialized Police Personnel are those Full-time or Part-time officers authorized by statute or employed by a law enforcement unit whose duty as prescribed by law or ordinance is enforcing some part of the criminal, traffic or highway laws of the state and their authority is limited to the facility or area in which they work.

Probationary Period

Every officer employed below the level of department head shall satisfactorily complete a probationary period of not less than 12 months with the employing department. A department head is not required to serve a probationary period. Every officer who is promoted or appointed as an assistant department head, middle management or supervisory position shall satisfactorily complete a probationary period of not less than six months.

Minimum Standards for Training (Full-time & Part-time I Officers)

A. Each Full-time law enforcement officer and each Part-time I law

enforcement who is employed and working 20 or more hours per week

but less than 40 hours per week, must satisfactorily complete the Basic

Police Training Course.

B. Any Full-time or Part-time I law enforcement officer who has previously

met the minimum training requirements, and has been separated from law

enforcement for more than seven years shall be required to satisfactorily

complete an approved Basic Police Training Course. If extraordinary

circumstances exist in the opinion of the Commission, they may choose to

waive the full Basic and may require the Refresher Course only. In such

circumstances, certification may be issued to an individual who has

successfully completed the Refresher Course.

C. Employment as an Auxiliary, Part-time II, or Specialized police person

during the seven year period of separation will not exclude the full-time or

Part-time I law enforcement officer from mandatory attendance of a new

Basic Training Course.

D. Part-time II law enforcement officers who are employed and working less

than 20 hours per week and Auxiliary law enforcement officers will be

required to satisfactorily complete not less than 100 hours of Commission

approved law enforcement training including a firearms qualification

course equivalent to the requirements for a Full-time officer. Separation

from law enforcement for three years will result in the Auxiliary and the

Part-time II Law Enforcement Officer being required to attend a new 100

hour training course.

E. Any Full-time or Part-time I law enforcement officer who fails to

satisfactorily complete the Basic Police Training Course within the allowed

time period, fails the course or is expelled from the course, will not be

eligible for training nor certification for 24 months following the date of

failure or expulsion from the training course or the date of expiration of the

probationary period. In the event a Full-time or Part-time I officer fails the

course or is expelled from the course, said officer shall not be eligible to

serve, be employed, or otherwise function as a law enforcement officer in

Arkansas from that date until the expiration of 24 months following the

date of failure or expulsion from the training course. If an officer properly

appeals his failure or expulsion, said officer may retain his eligibility to

serve as a law enforcement officer until such time as the Commission has

ruled upon the appeal or the expiration of the time allowed for in the

probationary period.

F. If an officer fails to satisfactorily complete the required training in a total of

20 months from the original date of employment, he shall not be eligible to

be retained as a law enforcement officer in Arkansas.

G. Re-employment as a law enforcement officer will be considered only after

the person has been separated from law enforcement for at least 24 months.

Upon re-employment, an officer would be eligible to begin a new 12 month

probationary period.

H. Should the officer fail to meet the minimum training requirement for a

second time, he or she will not be eligible for certification as a Full-time,

Part-time, Auxiliary or in any other law enforcement officer position.

Basic Police Training Course

The minimum amount of training for which certification will be granted in the Basic Police Training Course shall be 432 hours.

Requirements:

A. Successful completion of a minimum of 432 hours of instruction at a

certified training school.

B. The Commission will not accept satisfactorily completion of the Basic

Police Training Course unless the trainee has attained at least 70% in each

academic block of instruction and attains a passing score on the

Commissioned approved firearms course.

C. A minimum academic score of 70% on each examination administered in

the course will be required for successful completion of the training

program.

D. To be eligible for retention on a permanent basis an officer must

satisfactorily complete a Basic Police Training Course or its equivalent

within 12 months or with an approved extension, a total of 20 months from

the date of employment. Any requests for an eight months extension not

received by the Commission prior to completion of the probation period

will not be considered.

Law Enforcement Officer Refresher Course

The Refresher Course is designed and intended for experienced personnel and its content will be updated periodically.

A. The Law Enforcement Refresher Course shall primarily consist of a review

of the Arkansas Criminal and Traffic Laws, Rules of Criminal Procedure,

Officer Survival Techniques and Firearms Qualification, Study of Latent

Techniques in Crime Scene Search, Interviews and Interrogations, and

Methods to Increase Effectiveness of Courtroom Presentations.

B. Any person attending the Refresher Course to supplement previous training

and fails to satisfactorily complete the training will be required to attend a

Basic Police Training Course at a Commission approved training facility.

C. The Commission may approve changes in this course when it is determined

that such change is compatible with the needs of law enforcement officers

and agencies.

D. The Refresher Course will be required for all Full-time and Part-time I law

enforcement officers who are new employees and completed their training

in another state.

E. The Refresher Course will be required for all Full-time and Part-time I law

enforcement officers who have previously met the training requirements,

but have been separated from law enforcement for a period of three to

seven years.

F. Employment as an Auxiliary, Part-time II, or Specialized police person

during a three to seven year period of separation will not exclude the Full-

time or Part-time I law enforcement officer from mandatory attendance of

the Refresher Course.

G. Any Full-time or Part-time I officer not required to attend the Refresher

Course may voluntarily apply, and if accepted, receive the training.

Specialized Training Courses

Specialized Courses are short-term courses; they may be conducted regionally or at an academy. Examples of Specialized training courses are: Officer Survival, Jail Standards, Firearms, Instructor Development, Supervision or any other law enforcement related subject. Specialized courses should be certified in advance of their presentation by the Commission upon submission of an Application for Certification of Course, Form F-5, which includes a detailed analysis of the course content and the time period to be devoted to each subject area. A list of instructional personnel should also be submitted to the Commission. Included in the short-course proposal should also be a description of the level of the proposed training and a list of the police personnel to who it will be directed.

Certification of Law Enforcement Officers (All Officers)

No individual shall serve, be employed or otherwise function as a law enforcement officer in the state who is not certified by the Commission at the appropriate classification for the position held by the individual, except, an individual may function as a law enforcement officer for a term of one year from his initial employment or appointment as a law enforcement officer. Upon the finding of extraordinary circumstances, the Commission may extend this period by a maximum of eight months, for an absolute maximum period of twenty months.

Revocation of Certification

The Commission may revoke the certification of any law enforcement officer

after written notice and hearing for any of the following reasons:

A. The law enforcement officer was separated from his or her employment due

to a failure to meet the minimum qualifications for employment as a law

enforcement officer.

B. The law enforcement officer left employment due to conduct or

involvement in any act which is punishable by law.

C. The law enforcement officer was dismissed from employment for a

violation of the Rules or Regulations of the law enforcement agency for

which he was employed.

D. The law enforcement officer resigned while he was the subject of a pending

internal investigation.

E. The law enforcement officer falsified any information required to obtain

certification.

F. The certification was issued in error or mistake by the Commission.

G. The individual has ceased to meet the minimum standards for employment

as established by the Commission.

H. The individual has violated the Law Enforcement Code of Ethics

(Appendix A).

The certification of any law enforcement officer shall expire if the officer does

not serve as a law enforcement officer for six consecutive months. Further, an

individual who has had his certification revoked by the Commission shall not

be eligible to regain certification until such time as the Commission, at its

discretion and by majority vote, is satisfied that the individual is eligible for

re-certification. No individual who has been decertified by the Commission

shall be eligible to serve, be employed or otherwise function as a law

enforcement officer in the state unless the Commission shall have by majority

vote agreed that the individual shall again be eligible to so serve.

Revocation Procedure

The Commission shall notify in writing any certified individual when the

Commission believes there is a reasonable basis for revoking certification of

the individual. The notice shall specify the basis of the revocation. If the

individual requests a hearing within twenty days after the date of notice, a

hearing shall be held within sixty days after the date of the request. The

individual shall be notified within ten days after the receipt of the request of the

time and place set for the hearing. The hearing shall be confined to the basis

stated in the notice. The individual is entitled to be present at the hearing, to

examine witnesses and to be assisted by counsel. Within twenty days after the

date of completion of the hearing, the Commission shall give the individual

written notice of its findings. If it finds grounds for revocation of the

certification, it shall enter its order stating what the grounds are for revoking

certification. If it finds that inadequate or no grounds exist, it shall dismiss the

proceedings.

Certification of Schools or Courses

Arkansas Code Annotated 12-9-101 provides for the certification of training programs by the Commission.

A. The Commission may certify those schools deemed adequate to effectively

teach one or more approved law enforcement or police science courses.

B. The Commission may certify those courses deemed adequate to effectively

teach one or more law enforcement or police science subjects.

C. Certification may be revoked by action of the Commission whenever a

school or course is deemed inadequate. The school or course may be

recertified by the Commission when the deficiencies have been corrected.

Curriculum

1. The Commission shall approve the curriculum for all law enforcement

courses prescribing the subject areas, classes, hours of instruction per

class.

2. The Commission may make or approve requested changes of curriculum

when such a change is compatible with the public interest.

Requirements

1. Certification of schools will generally be offered on the basis of on-site

inspections conducted by the Commission staff members. Such

inspections will be conducted according to guidelines established by the

Commission and will include, but are not limited to, examination of

instruction, facilities and administration.

2. Certification of courses will generally be offered on the basis of

information supplied on Commission Form F-5, Application for Certification of Course. On-site evaluations may be conducted by Commission staff members. Certified courses should be open to all qualified area law enforcement officers.

Procedures

1. An outline and course description of the subject material being offered, a

schedule of classes, brief background showing qualifications of

instructors, and name of the school director or coordinator should

accompany the request.

2. Agencies or schools requesting course certification shall communicate in

writing, using Commission Form F-5, at least 30 days prior to the start of

the course. A copy of the proposed course announcement (inviting area

law enforcement officers), a course outline, course descriptions, and

applicants for instructor certification, Commission Form F-8, if

ppropriate, shall accompany the request.

3. Within 10 days of completion of the course, an attendance roster,

Commission Form F-18, listing those attending the classes

offered must be forwarded to the Commission. The roster shall show full

name, rank, department, and examination score for each student

coordinator. If the course was a seminar and no examination was given,

indicate satisfactory or unsatisfactory participation.

Summary of Steps

(a) Select a school director or coordinator and facilities.

(b) Select instructors and send completed Form F-8 to Commission, if

not already on file.

(d) Forward class attendance roster on Form F-18 to the Commission

within 10 days of completion of the course.

1. Certification of a course by the Commission will consist of a letter from

the Deputy Director for Standards subject to ratification by the

Commission. Upon request, certificates of completion will be issued by

the Commission to those completing courses with 20 or more classroom

hours. School directors and coordinators are encouraged to design and

distribute their own certificates.

2. The school director of coordinator has the responsibility for administering

the course and supervising the preparation of the curriculum to insure its

compliance with the requirements of the Commission. He also selects

facilities to be used for the course, obtains instructors and develops rules

and regulations for governing the operation of the facilities and conduct

of the trainees. The school director or coordinator maintains all forms

required by the Commission and forwards them within the stipulated time

period.

3. Each trainee shall be required to attend all sessions of the course. The

school director or coordinator may authorize absences of no more than

10% of the class hours. Training credit will be awarded only for actual

hours and classes completed.

Arkansas Law Enforcement Training Academy

The Arkansas Law Enforcement Training Academy was established by the 1963 Arkansas General Assembly with the passage of Act 526. Arkansas Code 12-9-201 states that the objective of the training academy continues to be for the training and instruction of state, county, municipal and other law enforcement officers. The Academy provides basic training for new officers and specialized training for certified police officers at its facility near East Camden, while providing field training classes as requested around the state.

Appendix A

Law Enforcement Code of Ethics

As a law enforcement officer my fundamental duty is to serve mankind; to safeguard lives and property; to protect the innocent against deception, the weak against oppression or intimidation, and the peaceful against violence or disorder, and to respect the constitutional rights of all men to liberty, equality and justice.

I will keep my private life unsullied as an example to all; maintain courageous calm in the face of danger, scorn or ridicule; develop self-restraint; and be constantly mindful of the welfare of others. I will be exemplary in obeying the laws of the land and the regulations of my department. Whatever I see or hear of a confidential nature or that is confided to me in my official capacity will be kept ever secret unless revelation is necessary in the performance of my duty.

I will never act officiously or permit personal feelings, prejudices, animosities or friendships to influence my decisions. With no compromise for crime and with relentless prosecution of criminals, I will enforce the law courteously and appropriately without fear or favor, malice or ill will, never employing unnecessary force or violence and never accepting gratuities.

I recognize the badge of my office as a symbol of public faith, and I accept is as a public trust to be held so long as I am true to the ethics of the police service. I will constantly strive to achieve these objectives and ideals, dedicating myself before God to my chosen profession...law enforcement.

References

Note: The information presented herein was obtained almost exclusively from the Arkansas Commission on Law Enforcement Standards and Training Regulations Manual. The information was summarized, and as a result, some information may have been excluded.

Arkansas Commission on Law Enforcement Standards and Training

#4 State Police Plaza Drive

Little Rock, AR 72209

Phone: (501) 682-2260

Website: http://www.clest.org

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