Continuing Professional Training Fact Sheet

Transcription

1 Continuing Professional Training Fact Sheet OHIO PEACE OFFICER TRAINING COMMISSION Tomi L. Dorris, Executive Director

2 I. Statement of Purpose On January 4, 2007, then-governor Bob Taft signed Senate Bill 281, thereby enacting a mandatory continuing professional training program for Ohio peace officers and state highway patrol troopers, regulated and maintained by the Ohio Peace Officer Training Commission ( OPOTC or the Commission ). The language of the enabling legislation is broad, and it is the purpose of this document to set forth the Commission s proposal for management of the program. II. Officer Training The training requirements of R.C and apply to all peace officers, as defined in R.C , to all agencies that appoint peace officers, to all Ohio State Highway Patrol troopers, as defined in R.C , and to the Ohio State Highway Patrol. Pursuant to this legislation, each officer is required to perform up to twenty-four (24) hours of continuing professional training each calendar year. The Commission may mandate the subject matter content of up to eight (8) of these hours. The actual number of required hours in any given calendar year will be determined by the Commission, and such determination will be based upon funding availability for that particular year. No later than October 15th of each year, the Executive Director shall notify each appointing authority, in writing, of the required hours and topics for the following calendar year. Exemptions Newly commissioned troopers shall be exempt from these continuing professional training requirements for the calendar year in which they complete the highway patrol cadet training program. Newly certified peace officers shall be exempt from these continuing professional training requirements for the calendar year in which they complete basic training. If a peace officer receives a new appointment before July 1, the officer must perform the required number of hours of continuing professional training during the balance of that calendar year. If a peace officer receives a new appointment on or after July 1, no continuing professional training is required for that calendar year. Extensions The Executive Director of the Ohio Peace Officer Training Commission may extend the time for completion of the training because of emergency circumstances with a written request from the appointing authority. Such request shall contain an explanation of the emergency circumstances which create the need for the extension. Factors which may be considered in granting or denying such requests include, but are not limited to, serious illness of the individual or an immediate Page 2 of 7

3 family member, prolonged military service, or an unreasonable shortage of manpower within the employing agency. Based on the circumstances in a given case, the Executive Director may extend the required completion date. Extensions of this sort shall generally be for ninety (90) days unless upon finding by the Executive Director that emergency circumstances exist. Concurrent Appointments In the event a peace officer is simultaneously appointed by more than one agency, the agency responsible for documenting that officer s training (i.e. record keeping and reporting requirements) and that is eligible to receive reimbursement for the officer s training costs (the responsible agency ), shall be determined by order of priority as follows: (1) paid full-time, (2) paid part-time, and (3) unpaid. In the event an officer holds appointments of equal priority, the agency by which the officer was first appointed shall be the responsible agency. Example #1: Example #2: Example #3: Example #4: Example #5 The officer is appointed to a paid position by Agency A and an unpaid position by Agency B. Agency A shall be the responsible agency. The officer is appointed to a full-time paid position by Agency A and a part-time paid position by Agency B. Agency A shall be the responsible agency. The officer is appointed to a part-time paid position by Agency A and a part-time paid position by Agency B. The agency by which he/she was first appointed shall be the responsible agency. The officer is appointed to an unpaid position by Agency A and an unpaid position by Agency B. The agency by which he/she was first appointed shall be the responsible agency. The officer is appointed to a full-time paid position by Agency A which is a private appointing agency and an unpaid position by Agency B. Agency A shall be the responsible agency; however, neither Agency will receive reimbursement under the provisions of R.C and III. Training Qualifications To qualify, continuing professional training shall be conducted in an approved program and must address matters directly related to the duties and responsibilities of an officer. The training must serve a recognized law Page 3 of 7

4 enforcement purpose and shall have significant intellectual or practical content, the primary objective of which shall be to improve a participant s professional competence as a law enforcement officer. In addition, such training shall meet the following minimum requirements: 1. Each agency administrator shall ensure compliance with instructor qualifications, curriculum requirements, training completion, and record keeping requirements. Prior approval by the Executive Director of non- Commission approved training programs is suggested but not required. 2. Other than training conducted via e-opota or other on-line training programs pre-approved by the Executive Director, the training shall be conducted using a written, formal lesson plan. Such lesson plans shall be typewritten and shall contain, at a minimum, a list of stated goals and objectives for the training, a detailed accounting of the material to be covered, a bibliography of references, and a list of necessary teaching aides. Lesson plans developed by the Commission for continuing professional training will be made available on-line. These lesson plans will be formatted so they may be customized locally. Each year, the Executive Director will provide new lesson plans representing no less than the required minimum number of hours of continuing professional training, and the Commission will provide at least that many hours of qualifying on-line continuing professional training via e-opota 3. Other than training conducted via e-opota or other on-line training programs pre-approved by the Executive Director, the training shall be conducted in a setting that is safe, physically suited to the subject educational activity, and conducive to effective learning. Classroom space shall have adequate heating, lighting, ventilation, and restroom facilities; a chalkboard, whiteboard, or equivalent; tables and chairs suitable for writing; audio visual equipment; a lectern, stand, or table for the instructor s use; and be relatively free from external distractions. Physical skills training shall be conducted in a gymnasium or large indoor area with appropriate training and safety equipment, or other safe, professional environment. Firearms training shall be conducted only on professional ranges approved by the appointing authority. 4. Other than training conducted via e-opota or other on-line training programs pre-approved by the Executive Director, the training shall be conducted in blocks of no less than one (1) hour, where fifty (50) minutes of actual instruction or other approved training activity constitutes one (1) hour. Officers shall be provided at least one ten (10) minute break each hour and at least one thirty (30) minute break every four (4) hours. Page 4 of 7

5 Instructors 5. The training shall be conducted only by instructors who meet at least one of the following three criteria: (a) The individual has five years of full-time law enforcement experience and meets at least one of the following criteria: (1) The individual is an OPOTC-certified peace officer basic training instructor; or (2) The individual has a four-year college degree; or (3) The individual has completed a forty-hour instructional skills course approved by the Executive Director; or (4) The individual is a licensed or certified trainer. (b) The individual is a licensed or certified professional and is providing instruction in a subject area directly related to the field for which they are certified or licensed. (c) The individual and/or the training program are pre-approved by the Executive Director. Individuals who have been OPOTC-certified basic training instructors and who have allowed such certification to lapse (and are not otherwise qualified to teach continuing professional training under this proposal), have had such certification revoked, or whose certification is under suspension, are not qualified to teach continuing professional training. All decisions of the Executive Director with respect to instructor qualifications are subject to the appeals process codified in O.R.C. Section 119. IV. Reimbursement of Training Costs While every appointed peace officer and trooper is required to comply with the continuing professional training requirements, only public appointing authorities are eligible to receive reimbursement for the costs of continuing professional training. Public appointing authorities will receive reimbursement of training costs in the amount of $20.00 per hour, per officer, per year. To qualify for reimbursement, public appointing agencies must: A. Comply with the annual roster reporting requirements of R.C (B); and Page 5 of 7

6 B. Comply with the annual in-service firearms re-qualification requirements of O.R.C to the extent they are subject to that section; and C. Comply with training mandated by the legislature or rules established by the Commission; and D. Comply with the annual continuing professional training requirements set forth in R.C and Public appointing authorities receiving funds shall keep those funds separate from any other funds of the appointing authority. Public appointing authorities shall use those funds only for paying the cost of continuing professional training. Funding for the reimbursement of training costs, as referenced above, will come from a variety of funding sources identified and approved by the Executive Director. As funding sources change over time, so may the content of the continuing professional training program. No later than October 15 th of each year, the Executive Director shall notify the appointing authorities, in writing, of the training and reimbursement requirements for the upcoming calendar year. Appointing authorities are responsible for ensuring the continuing professional training completed by their officers complies with the funding source requirements identified each year. NOTE: It is entirely possible for an agency to comply with the training mandate, but not the funding source requirements. In that case, the agency would be in compliance with the law, but would not be eligible to receive reimbursement for the funding source specific training. To assist appointing authorities in achieving compliance, the Commission intends to offer a variety of training options, including (1) courses offered at the Ohio Peace Officer Training Academy, London Campus (2) courses offered at the Ohio Peace Officer Training Academy, Richfield and Cambridge campus, (3) courses offered through e-opota and other pre-approved on-line training courses, (4) courses offered by teleconference, (5) courses offered through AG conferences, and (6) courses offered by other law enforcement training entities that have been approved by the Executive Director. V. Agency Record Keeping Appointing authorities shall be required to maintain records sufficient to evidence compliance with the minimum requirements set forth herein. Such records shall include, at a minimum, copies of lesson plans and sign-in sheets (for training conducted by the agency) or signed and dated certificates of successful completion (for training conducted by outside individuals, agencies, or entities). All such Page 6 of 7

7 records shall be kept on file by the agency in accordance with the agency s records retention schedule, but in no event less than three (3) years, and shall be made available to the Executive Director for inspection upon request. VI. Agency Reporting Appointing authorities are required to maintain records sufficient to demonstrate compliance with the minimum requirements set forth in Ohio administrative code. For training conducted by the appointing authority, such records shall include, at minimum, copies of lesson plans and sign-in sheets. For all other training, records shall include certificates of successful completion. All such records shall be kept on file by the appointing authority in accordance with the appointing authority s records retention schedule, but in no event should the records be retained less than three years. The records shall be made available to the executive director for inspection upon request. To qualify for credit and reimbursement, training records must be updated no later than thirty (30) days following the completion of training. The Attorney General is currently developing a training database that will expand the capabilities of e-opota. This database will be available to all agencies, and will allow agency training officers and administrators to report compliance with continuing professional training requirements, to track officer training, and to prepare meaningful management reports. VII. Enforcement Officers who fail to comply with the minimum continuing professional training requirements set forth herein will be required to cease carrying a firearm and to cease performing the functions of a peace officer or Trooper, as applicable, until such time as evidence of their compliance is filed with the Executive Director. Appointing agencies will receive reimbursement upon OPOTC certification of completion, extension, or special circumstances approved by the Executive Director. All enforcement actions of the Executive Director are subject to the appeals process codified in O.R.C. Section 119. Please direct comments and questions to: Deborah M. Furka, Assistant Executive Director Certification and Standards Division Ohio Peace Officer Training Commission P.O. Box 309 London, OH dfurka@ag.state.oh.us (740) Page 7 of 7