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 wishes to waive that portion of the rules which requires an officer to obtain employment within four ...

 

DEPARTMENT OF LAW ENFORCEMENT
Criminal Justice Standards and Training Commission

RULE NO.: RULE TITLE:
11B-35.002: Basic Recruit Training Programs for Law Enforcement, Correctional, and Correctional Probation

NOTICE IS HEREBY GIVEN that on August 17, 2012, the Criminal Justice Standards and Training Commission, received a petition for a permanent waiver of subsections 11B-35.002(2) and 11B-27.002(4), F.A.C., by Arcadia Police Department on behalf of Officer Robert McVey. Petitioner wishes to waive that portion of the rules which requires an officer to obtain employment within four years of beginning basic recruit training. The Petition states 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 states 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 states 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 supports 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.

A copy of the Petition for Variance or Waiver 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].