500 KAR 2:020. Filing and processing SLEO commissions.

      RELATES TO: KRS 61.900-61.930

      STATUTORY AUTHORITY: KRS. 61.904

      NECESSITY, FUNCTION, AND CONFORMITY: This administrative regulation provides criteria and procedures required and applicable for filing and processing applications for commissions to be a special law enforcement officer as required by KRS 61.904 to be promulgated by the Secretary of the Justice Cabinet to carry out the provisions of KRS 61.900 to 61.930.

      Section 1. Qualifications to Apply for Commission as a Special Law Enforcement Officer. To qualify for a commission as a special law enforcement officer pursuant to KRS 61.900 to 61.930, an individual shall present satisfactory evidence of compliance with the conditions and requirements set forth in KRS 61.906.

      Section 2. Application for Commission as a Special Law Enforcement Officer. Applications from the governmental units shall be sent to the Justice Cabinet SLEO Program Administrator and comply with the following requirements:

      (1) Applicants shall meet all of the requirements of the SLEO Act before a commission shall be granted.

      (2) The applicant shall complete two (2) notarized applications with the necessary information as specified therein and in these administrative regulations. The governmental unit whose property is being protected shall be listed as indicated on the application forms. A copy of the applicant's high school diploma or GED certificate, a certified copy of the applicant's birth certificate, along with two (2) recent photographs of the individual (full face) approximately three (3) inches by five (5) inches and taken within the last thirty (30) days of the date the application is submitted and the application fee shall be attached to the applications. If the applicant is a veteran, a copy of his military release (Form DD-214) shall also accompany the applications. The application forms shall be signed by an authorized executive official of the requesting governmental unit.

      (3) The following fees shall be paid: applications, examinations, and training for commissions. These fees are nonrefundable and shall be in the form of a check or money order made payable to the Kentucky State Treasurer.

      (a) With the initial application, a fee of twenty-five (25) dollars is required.

      (b) With application for renewal, a fee of twenty-five (25) dollars is required.

      (c) Prior to any written examination approved by the Kentucky law enforcement council, a fee of fifteen (15) dollars is required.

      (d) Prior to any practical examinations on firearms proficiency approved by the council, a fee of twenty (20) dollars is required.

      (e) Prior to any training program approved by the Kentucky Law Enforcement Council a reasonable fee as determined by the secretary to cover the cost of training is required.

      (4) All arrests and convictions including traffic offenses, violations, misdemeanors or felonies as requested on the application. Any false, misleading, or withholding of information requested on the application or by the Justice Cabinet investigator, shall be grounds for rejection without further consideration. The applicant's affidavit shall be signed and notarized on the application.

      (5) The applicant shall supply the necessary information to the SLEO program administrator for criminal history information record review. The applicant shall provide his name and detailed personal description.

      (6) If the applicant's fingerprints are not on file with the Kentucky State Police Criminal Record Section, the SLEO program administrator shall make arrangements to have the applicant fingerprinted.

      (7) The application shall contain the Authority to Release Information Form which allows the release of all necessary information to the SLEO program administrator. It shall be signed by the applicant and witnessed by a second person.

      (8) A Letter of Intent Form shall be filed with each application by the governmental unit giving the name of applicant and the specific public property to be protected. This letter is to accompany the application forms for SLEO initial application or renewals.

      (9) The applicant shall arrange for an interview with the SLEO program administrator.

      (10) All SLEO officers shall be familiar with the provisions of the SLEO Act (KRS 61.900-61.930), the administrative regulations pursuant thereto, and the penalties imposed for violating the SLEO Act and its administrative regulations. In addition, the officers shall be familiar with KRS 61.300, 61.990, 61.991, 62.010 and 62.990.

      (11) If the application is defective or in conflict with the SLEO Act or administrative regulations, the application shall be returned to the governmental unit concerned. If the application can be corrected, it may be resubmitted at no additional cost if it is resubmitted within sixty (60) days of the original submission date.

      (12) If the applications and all required documents are in order, and if the criminal history information record review and background investigation are favorably completed, the SLEO program administrator shall notify the Department of Criminal Justice Training concerning any training and/or testing the applicant needs in order to satisfy the requirements of KRS 61.906(2)(f)1, 2, and 3.

      (13) In notifying the Department of Criminal Justice Training, the program administrator shall describe the training and/or tests needed by the applicant. The Department of Criminal Justice Training shall schedule and conduct the training and/or testing and collect the related fees as prescribed in KRS 61.908(3), (4), and (5).

      (14) The Department of Criminal Justice Training shall notify the SLEO program administrator the results of the training upon completion, and that the related training fees have been satisfied.

      Section 3. The Grant of the Commission and the Required Oath of Office. A commission for a special law enforcement officer shall be validated and granted as follows:

      (1) When the applicant has successfully satisfied the requirements of the act, a commission certificate and a recommendation is forwarded by the SLEO program administrator to the secretary for review. After the commission is issued by the secretary, a copy of the commission shall be placed in the officer's file.

      (2) When a commission is granted, the commission and the applications shall be forwarded by the Justice Cabinet to the governmental unit whose property is to be protected. The appointed applicant shall promptly take both applications to the county clerk in the county where the applicant is to serve and shall take the constitutional oath of office within thirty (30) days after notice of appointment. The county clerk shall then complete and sign the clerk's attestation on the applications and retain one (1) copy for filing purposes in the county clerk's office in accordance with the statute. The applicant shall return the second application signed by the clerk to the governmental unit. The governmental unit shall then return the second copy of the application to the Justice Cabinet SLEO program administrator for the purpose of indicating that the oath was administered and this it is filed with the county clerk. The governmental agency shall be allowed thirty (30) days to arrange for the appointed applicant to take the oath of office and return the application to the Justice Cabinet program administrator, otherwise, the commission shall be revoked in accordance with KRS 62.010 and 62.990. The commission certificate shall be kept by the governmental agency so long as the officer is employed or until such time that his authority is terminated by action of the local government unit and/or the Justice Cabinet Secretary.

      (3) The SLEO Commissions are issued for a period of two (2) years, provided that the officer continues to meet all statutory and regulatory criteria.

      (4) When the SLEO officer has taken the constitutional oath of office, the governmental unit shall issue an identification card which is to be carried by the SLEO officer whenever he is acting under the authority of KRS 61.900-61.930. The identification card shall be presented as requested by any duly sworn peace officer or Justice Cabinet official and is subject to control by the Justice Cabinet. If for any reason a SLEO officer is terminated or otherwise relieved of his duties as a SLEO officer by the governmental unit or the Justice Cabinet, he shall immediately return this identification card to the officer's governmental unit who shall return the same to the SLEO program administrator.

      (5) A notice shall be forwarded to the governmental unit concerning any officer whose appointment has been suspended or revoked by the secretary. The governmental unit shall maintain current files and make renewal applications at least thirty (30) days prior to the officer's expiration date.

      (6) The SLEO commission certificate shall be held by the governmental units and shall be available for inspection by the Justice Cabinet program administrator or his designee. The commission certificate remains the property of the Justice Cabinet and is to be returned upon the officer's authority being withdrawn for any reason.

      Section 4. Special Provisions. (1) Grandfather clause. According to the provisions of the SLEO Act, persons who were special local peace officers pursuant to KRS 61.360 and in good standing and holding unexpired commissions on December 31, 1976, may apply through a governmental unit or agency for a direct commission as a special law enforcement officer in accordance with KRS 61.906. An official for the governmental unit or agency shall sign and submit a new set of applications with the filing fee on behalf of the applicant. The applicant shall undergo a current background investigation.

      (2) Training waiver. According to the provisions of the SLEO Act, an applicant may apply for a training waiver under the following conditions and upon providing sufficient proof of past police experience, or military records, or examination records, that substantiates that the applicant meets the waiver requirements set forth in KRS 61.906.

      Section 5. Renewals. A letter of intent from the governmental unit stating its request to renew a commission and a new set of applications for each individual involved shall be filed with the Justice Cabinet program administrator at least thirty (30) days before the expiration date of the existing commission. The applicant for renewal shall undergo a background investigation to bring his records up-to-date.

      Section 6. Governmental Units Employing SLEO Officers - Records, Reports and Responsibility. All governmental units or agencies employing SLEO officers shall keep their files current as to the expiration date on each officer's commission and as follows:

      (1) The unit or agency shall keep the individual officer's commission certificates on file, to be returned to the Justice Cabinet upon termination of the officer and/or his authority.

      (2) The unit or agency shall post a copy of the SLEO administrative regulations and a copy of KRS 61.900-61.930, 61.990 and 61.991 of the SLEO Act in a conspicuous location in any office or building that is designated security headquarters for persons operating as SLEO officers.

      (3) Complaints or unusual incidents involving SLEO officers shall be handled by the governmental unit whose public property is being protected by the SLEO officer involved. However, the governmental unit or agency shall notify the Justice Cabinet SLEO program administrator by direct verbal communication within twenty-four (24) hours of any reported incident involving the misconduct or unlawful act by any of its SLEO officers. A follow-up written report is to be filed with the SLEO program administrator, within thirty (30) days of the original oral report, setting forth the details of the incident and listing any action taken by the agency. If formal charges are pending, the unit or agency shall advise the SLEO program administrator as to the specific charge(s), trial dates and the final disposition of the charge(s).

      (4) The unit or agency shall mail a current list of all active SLEO personnel to the SLEO program administrator by June 30 each year.

      (5) The unit or agency shall issue each SLEO officer an identification card upon the individual's appointment. The identification card shall be billfold size (approximately two and one-fourth (2 1/4) inches by three and one-half (3 1/2) inches) and shall be composed as follows: contain on one (1) side a reduced copy of the officer's commission certificate (reduced by photographing or other method); and, on the other side contain a full-faced photograph of the officer, along with his name, date of birth, social security number and his signature. The identification card shall be encased in plastic.

      (6) The unit or agency shall be responsible for obtaining the identification card from any officer terminated and remitting the same to the SLEO program administrator for destruction.

      Section 7. Violations. All governmental units or agencies utilizing SLEO's shall be subject to inspection and investigation by the Justice Cabinet as circumstances may warrant for possible violations. Violations may result in prosecution and/or recommendation to the Secretary of Justice that the commission affected directly or indirectly be revoked.

      Section 8. Revocation or Suspension of SLEO Commissions. If it is determined by the program administrator that KRS 61.910 of the SLEO Act applies to any active SLEO commissioned officer, the program administrator shall notify the secretary who shall revoke or suspend the commission of any special law enforcement officer whenever he shall determine:

      (1) That the commission-holder does not meet, or no longer meets the requirements and conditions for the commission; or

      (2) That the commission-holder has knowingly falsified an application or portion thereof, or has knowingly made any false or misleading statement of a material fact to the secretary or agents or officers thereof; or

      (3) That the commission-holder has violated any statute, rule, administrative regulation or order of the secretary, the violation of which the secretary determines to bear a reasonable relationship to eligibility for the commission. The SLEO program administrator shall notify the governmental unit involved to return the commission of the SLEO officer involved to the SLEO program administrator for the Justice Cabinet. The governmental unit responsible for the SLEO officer shall forward a letter to the SLEO officer involved stating that his commission has been revoked or suspended and that he shall immediately return the SLEO identification card to the governmental unit involved who shall forward the card to the SLEO program administrator. The program administrator shall notify the county clerk in the officer's county of jurisdiction whenever a SLEO officer's commission has been suspended or revoked.

      Section 9. Procedures for Investigating Complaints or Unusual Incidents Involving SLEO Officers. (1) Complaints or unusual incidents involving SLEO officers shall be handled by the governmental units whose public property is being protected by the SLEO officer involved. The governmental unit or agency shall be responsible for notification to the Justice Cabinet of any/all incidents involving their SLEO personnel as indicated herein.

      (2) However, the Justice Cabinet program administrator or other assigned officers may investigate any and all complaints or unusual incidents involving SLEO officers, if there is reason to believe the provisions of KRS 61.900-61.930 or other applicable laws have been violated and an investigation is necessary.

      (3) Any investigation conducted by the Justice Cabinet shall become part of the official record of the SLEO officer involved. (13 Ky.R. 449; eff. 9-4-86.)