PROPOSED RULEMAKING
MUNICIPAL POLICE OFFICERS' EDUCATION AND TRAINING COMMISSION
[37 PA. CODE CH. 203]
Administration of the Program
[28 Pa.B. 2925] Purpose
The purpose of these proposed amendments is to clarify and correct various aspects of the existing regulations. The following are the proposed amendments:
Amending § 203.11 (relating to qualifications) allows certified police officers and enlisted members of the State Police who are not currently employed as police officers 2 years to obtain employment as a police officer with another police department without going through the certification process provided the employment takes place within 2 years of the termination of police employment.
Deleting § 203.11(9)(ii)(F)(I) eliminates retesting.
Amending § 203.33(b)(1) (relating to minimum school standards and requirements) and § 203.36(5) (relating to revocation of school certification) will permit schools to conduct only one basic recruit training class every 3 years instead of every year to retain school certification.
Adding § 203.83(a)(2) (relating to grants for nonmandatory in-service training programs) will allow law enforcement officers presently not eligible for reimbursement to attend nonmandatory training classes after paying tuition to the Municipal Police Officers' Education and Training Commission (Commission).
Effect
The impact of the proposed changes will affect both recruits and veteran police officers. Recruits will be required to be retrained at the school they presently attend. This will be a new policy put in effect. Also veteran officers will be able to change departments within 2 years of leaving a police department without having to meet the certification standards.
Allowing schools to conduct one class every 3 years puts less of a burden on those schools that cannot get enough recruits to hold a class every year.
Proposing to amend the certification section allows those individuals that leave a police department or the State Police 2 years from the date of departure to obtain another police position without going through the certification process. This proposed change will make the process used to change employment more consistent with other professions. This will save the Commission an enormous amount of time as far as processing applications.
By allowing law enforcement officers who are not eligible for reimbursement to attend nonmandatory in-service training classes after paying a tuition to the Commission those agencies will have better trained officers and be able to be trained along with municipal police officers.
Statutory Authority
The authority for this proposal is 53 Pa.C.S. Chapter 21, Subchapter D (relating to municipal police education and training).
Legal Issues
There are no legal issues involved with these proposed amendments.
Fiscal Impact
The proposed changes will have no additional fiscal impact on the Commonwealth.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on June 15, 1998, the Commission submitted a copy of these proposed amendments to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House Judiciary Committee and the Senate Law and Justice Committee for review and comment. In addition to submitting these proposed amendments, the Commission has provided IRRC and the Committees with a copy of a detailed Regulatory Analysis Form prepared by the Commission in compliance with Executive Order 1982-2 ''Improving Government Regulations.'' A copy of this material is available to the public upon written request.
Under section 5(g) of the Regulatory Review Act, if IRRC has objections to the proposed changes it will notify the Commission within 10 days of the close of the Committees' review period. The notification shall specify the regulatory review criteria which have not been met by that portion. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the amendments, by the Commission, the General Assembly and the Governor of objections raised.
Public Comment
Interested parties wishing to comment are invited to submit a written statement within 30 days of the publication of this notice in the Pennsylvania Bulletin. Each written statement must include the name, address and telephone number of the interested party and a concise statement with sufficient detail on the subject. Written statements may be directed to Major Richard C. Mooney, Executive Director, Municipal Police Officers' Education and Training Commission, 75 East Derry Road, Hershey, PA 17033, (717) 533-5987, Ext. 205.
COLONEL PAUL J. EVANKO,
ChairpersonFiscal Note: 17-62. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 37. LAW
PART IV. MUNICIPAL POLICE OFFICERS' EDUCATION AND TRAINING COMMISSION
Subpart A. MUNICIPAL POLICE OFFICERS' EDUCATION AND TRAINING PROGRAM
CHAPTER 203. ADMINISTRATION OF THE PROGRAM
Subchapter B. POLICE OFFICER CERTIFICATION REQUIREMENTS § 203.11. Qualifications.
Persons who are to be employed as police officers by police departments within this Commonwealth from December 21, 1996, shall meet the following requirements unless the applicant held a valid certification issued by the Commission or was a sworn enlisted member of the State Police within 2 years prior to the date of employment on the application for certification in which case the requirements are waived:
* * * * * (9) Successfully complete a basic police training course given at a Commission-certified school or obtain a waiver of training as enumerated in § 203.12 (relating to waiver of training).
* * * * * (ii) To qualify for this certification, an applicant shall:
* * * * * (F) Complete the basic training course approved by the Commission with a minimum grade as established by the Commission. The Commission will publish a notice in the Pennsylvania Bulletin and in the Commission newsletter whenever the minimum grade on each tested area of examination changes.
[(I) Applicants not achieving the minimum grade in any tested area are permitted to take the examination in that tested area at another Commission-certified school. If the applicant fails to achieve the minimum grade on the applicant's second attempt, the applicant shall be required to successfully retake and pass the entire basic police training course in order to qualify for certification.
(II)] Applicants not achieving the minimum grade in two separate tested areas during one basic police training course shall be required to retake and pass the entire basic police training course [in order] to qualify for certification.
Subchapter C. SCHOOL REQUIREMENTS § 203.33. Minimum school standards and requirements.
* * * * * (b) In addition to subsection (a), schools shall comply with the following requirements:
(1) Conduct at least one basic police training course every [year] 3 years the school is certified.
* * * * * § 203.36. Revocation of school certification.
The Commission may, after notice and hearings in compliance with Subchapter G (relating to notice and hearings), revoke the certification of a school for one of the following reasons:
* * * * * (5) Failure to conduct one basic police training course [each year] every 3 years the school is certified.
Subchapter F. REIMBURSEMENT OF EXPENSES § 203.83. Grants for nonmandatory in-service training programs.
(a) The Commission will provide grants only for actual expenses incurred by political subdivisions for providing nonmandatory in-service training programs to police officers within this Commonwealth in accordance with the act and this chapter.
* * * * * (2) The Commission has the discretion to approve additional expenditures not explicitly provided for in this chapter. Expenses which are not approved by the Commission shall be borne by the political subdivision providing the training program. Law enforcement officers employed by a law enforcement agency not eligible for reimbursement under the act may attend nonmandatory in-service training courses after the law enforcement agency pays the tuition established for the course to the Commission.
* * * * *
[Pa.B. Doc. No. 98-1014. Filed for public inspection June 26, 1998, 9:00 a.m.]
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