That on August 17, 2012, the Criminal Justice Standards and Training Commission, received a petition for a permanent waiver of Rules 11B-35.002(2), and 11B-27.002(4), F.A.C., by Arcadia Police Department on behalf of Officer Robert McVey. Petitioner ...

 

DEPARTMENT OF LAW ENFORCEMENT
Criminal Justice Standards and Training Commission

RULE NO.: RULE TITLE:
11B-27.002: Certification, Employment or Appointment, Reactivation, and Terminating Employment or Appointment of Officers

The Criminal Justice Standards and Training Commission hereby gives notice that on August 17, 2012, the Criminal Justice Standards and Training Commission, received a petition for a permanent waiver of Rules 11B-35.002(2), and 11B-27.002(4), F.A.C., by Arcadia Police Department on behalf of Officer Robert McVey. Petitioner wished to waive that portion of the rules which require an officer to obtain employment within four years of beginning basic recruit training. The Petition stated that Officer McVey was employed by Petitioner in May of 2012. Officer McVey had commenced cross-over basic recruit training on April 14, 2008. The Petitioner was able to register Officer McVey in the CJSTC's officer database, but learned in July of 2012 that Officer McVey was ineligible for employment because of the rules cited above. The Petition stated that the operation of the rule would violate the principles of fairness because Petitioner was able to register Officer McVey in ATMS in May of 2012 and put him to work in June of 2012, whereas other officers subject to the rule would have been blocked in ATMS and denied registration. The Petition stated that the operation of the rule creates a substantial hardship for both Petitioner and Officer McVey in that arrests and citations issued by Officer McVey would be made a nullity should he lose his eligibility to remain certified. The Petitioner would have to fill the vacancy created by Officer McVey with other officers during severe budgeting times. The Petition further supported the requested waiver by stating that Officer McVey would have to return to training school to demonstrate proficiency in the high liability areas and pass the SOCE prior to becoming eligible for employment, which would be a considerable expense to him. Notice of the waiver was published in the Florida Administrative Weekly, Vol. 38, No. 37, on September 14, 2012.
On November 1, 2012, pursuant to notice, at its regularly scheduled Business Agenda meeting held in Sarasota, Florida, the Commission found that the Petitioner’s situation is unique. The Petitioner demonstrated that the strict application of the Commission's rules in this case would violate the principles of fairness. The Petitioner was able to register the officer into ATMS and work him as certified. The officer relied upon that and was instrumental in enforcing traffic laws and making arrests for his agency which would be questioned if his employment were nullified. The officer would further suffer undue hardship by being forced to demonstrate proficiency in the high liability skills and pass the SOCE if the waiver were not granted. The deficiency in the registration of the officer into ATMS was the fault neither of the agency nor the officer. The Commission found that the purposes of the underlying statute, to ensure that officers receive adequate and timely retraining, will be met by granting this waiver request. The Commission issued an order granting the Petitioner's waiver.
A copy of the Order or additional information may be obtained by contacting: Grace A. Jaye, Assistant General Counsel, Florida Department of Law Enforcement, P.O. Box 1489, Tallahassee, FL 32302, or by telephoning [phone].