a permanent waiver of 11B-27.002(4)(a) and (b), F.A.C. from Major Robert Van Reeth of the Palm Beach County Sheriff’s Office on behalf of John T. Derby. The Petitioner wishes to waive that portion of the rule that states within four years of the ...

 

DEPARTMENT OF LAW ENFORCEMENT

Criminal Justice Standards and Training Commission

RULE NO.:RULE TITLE:

11B-27.002Certification, Employment or Appointment, Reactivation, and Terminating Employment or Appointment of Officers

NOTICE IS HEREBY GIVEN that on January 26, 2015, the Criminal Justice Standards and Training Commission, received a petition for a permanent waiver of paragraphs 11B-27.002(4)(a) and (b), F.A.C., from Major Robert Van Reeth of the Palm Beach County Sheriff’s Office on behalf of John T. Derby. The Petitioner wishes to waive that portion of the rule that states within four years of the beginning date of a Commission-approved Basic Recruit Training Program, an individual shall successfully complete the program, achieve a passing score on the applicable State Officer Certification Examination, and gain employment, and certification as an officer. Petitioner also wishes to waive that portion of the rule which states that an individual who has not complied with the requirements in paragraph (4)(a) of this rule section for the discipline in which the training was completed, within four years of the date of beginning such training, shall as a condition for obtaining employment comply with the following: 1. Successfully complete a Commission-approved Basic Recruit Training Program pursuant to Rule 11B-35.002, F.A.C., or qualify for an exemption from a Commission-approved Basic Recruit Training Program, pursuant to Section 943.131(2), F.S., to include demonstration of proficiency in the High-Liability Basic Recruit Training Courses pursuant to Rule 11B-35.0024, F.A.C.; and 2. Achieve a passing score on the State Officer Certification Examination.

Petitioner states that Mr. Derby’s eligibility expired on January 9, 2015 because he had not become employed in a sworn capacity within four years of the date Mr. Derby began basic recruit training. Petitioner state that in late 2014 Mr. Derby was given a conditional offer of employment as a reserve Deputy Sheriff with the Palm Beach County Sheriff’s Office pending successful completion of the application process. Petitioner states that Mr. Derby passed the medical exam section on December 10, 2014; psychological exam on November 25, 2014; polygraph examination on January 13, 2015; and, background investigation on January 20, 2015.

Petitioner states that if the waiver is approved, the Palm Beach County Sheriff’s Office intends to employ Mr. as a Reserve (Auxiliary) Deputy Sheriff and have him attend the next available field training class which is in May, 2015. Petitioner states that strict application of a rule(s) would create a substantial economic hardship on Mr. Derby in that he would have pay for the basic law enforcement academy a second time. Petitioner states that the purpose of Section 943.13, F.S. will have been achieved if the waiver is granted.

A copy of the Petition for Variance or Waiver may be obtained by contacting: Linton B. Eason, Assistant General Counsel, Florida Department of Law Enforcement, P.O. Box 1489, Tallahassee, FL 32302 or by telephone: [phone].