Peace Officer Standards and Training Council (POST)

CERTIFICATION OF RESERVE OFFICERS

The language contained in the POST training statutes (R.S. 40:2401 et seq.) addresses the training of full-time, commissioned "peace officers" as defined. Although the mandates contained therein apply only to full-time officers, there is no language in the body of the law which would preclude reserve officers from being trained and certified. With the enormous liability facing law enforcement departments today, the Council decided to assist agencies in their efforts to provide all officers with the training, legal, effective and professional manner.

In October of 1984, the Council made it possible for agency administrators to decide whether or not they wanted to have their reserve officers POST-trained and certified. The choice to certify reserves remains a voluntary one, but for certification to be awarded, these officers must meet the same minimum requirements prescribed for full-time officers. Although the reserve officer training may be provided over an extended period of time (at night and on weekends), the certified course content of the regular academy cannot be altered, and the instruction must be presented by certified instructors assigned to that academy. As in the case of regular, full-time officers, reserve officers must adhere to all standards established by the academy they attend. Maintaining basic certification remains contingent upon compliance with POST rules, regulations and guidelines; certificates remain the property of the State of Louisiana and are subject to revocation, for due cause.

It should be noted that there is no "grandfathership" of reserve personnel, since their training and certification is not mandated. Also, tuition costs for reserve officer training are to be borne by the sponsoring agency, and are not eligible for reimbursement through POST.

Chapter 18. PEACE OFFICER STANDARDS AND TRAINING LAW

2401. Findings and policy

The Legislature finds that law enforcement work is of such importance to the health, safety and welfare of the people of this State and is of such a nature as to require education and training of a professional character. The needs of such education and training can be met only by programs adequate in quality and scope and made available to those persons who are serving as such officers including those in temporary or probationary capacity. Education should also be made available to those persons who seek to become peace officers, and this education should be supervised by a special council composed of persons experienced in law enforcement work and training rather than any other general board composed of non-law enforcement members.

2402. Definitions

As used in this Chapter:

1. "Peace officer" means any full-time employee of the state, a municipality, a sheriff or other public agency, whose permanent duties actually include the making of arrests, the performing of searches and seizures, or the execution of criminal warrants, and is responsible for the prevention or detection of crime or for the enforcement of the penal, traffic, highway laws of this state, but not including any elected or appointed head of a law enforcement department. "Peace officer" shall also include those sheriff's deputies whose duties include the care, custody and control of inmates.
2. "Law enforcement training course" means a basic or advanced course of study certified by the council on peace officer standards and training, for the purpose of educating and training persons in the skills and techniques required of a peace officer in the discharge of his duties.
3. "Training center" means any school academy, institute, or any place of learning whatsoever, which offers or conducts a law enforcement training course.

2403. Council on peace officer standards and training

A. There is hereby created in the Department of Public Safety the council on peace officer standards and training, hereinafter called the council. (Amended by Acts 1981, No. 777, #1).

B. The council shall consist of the attorney general and eleven members of the Louisiana Commission on Law Enforcement and Administration of Criminal Justice. as follows: Three sheriffs, appointed by the governor; three police chiefs, appointed by the governor; two district attorneys, appointed by the governor; the executive director of the commission on law enforcement; the superintendent of state police, and the President of the Louisiana Chapter of the National Constables' Association. Each appointed member shall serve a term concurrent with that of the governor making the appointment. Each appointment made by the governor shall be submitted to the Senate for confirmation. Every person who holds council membership by virtue of his official position or employment shall cease to be a member when he no longer holds the position which qualified him for membership on the council. Vacancies whether created by death, resignation, or otherwise, shall be filled in the same manner as the original appointment and for the unexpired term of the predecessor of the appointee. Members of the council who hold positions of public employment or trust shall perform such council duties without being in violation of R.S. 42:63 or R.S.42:64 or any other statue prohibiting dual office holding.

C. The council shall elect a chairman, vice-chairman, and secretary from its membership. The quorum shall be determined by the by-laws of the council. The executive director of the Louisiana Commission on Law Enforcement shall summon the council to its first meeting.

D. Members of the council shall not receive compensation for their services, but many receive reimbursement from their own respective departmental funds for expenses incurred in the performance of the function of the council.

E. The council shall hold meetings at such times and places in the State of Louisiana as it deems proper. The meetings shall be called by the chairman upon his own motion or upon the written request of eight members. The position of any member who fails to attend our consecutive meetings shall be deemed to be vacant.

F. No funds are hereby budgeted for the council.

G. Administrative and staff support for the council shall be furnished by the Louisiana Commission on Law Enforcement, through plans developed by the Office of Peace Officer Standards and Training.

2404. Powers of the council

In addition to any other powers conferred upon the council elsewhere herein or by any other law, the council shall have the following powers:

1. To administer this Chapter.
2. To develop minimum curriculum requirements for the training of peace officers.
3. To accredit law enforcement training centers.
4. To establish minimum law enforcement instructor qualifications and certify individuals to act as law enforcement instructors.
5. To inspect and evaluate all law enforcement training centers, programs, and courses to insure compliance with the state's law enforcement training standards. Such inspection and evaluation shall include a comprehensive performance review at least once every four years. Any training center which is determined not to meet the state's law enforcement training standards pursuant to such a performance review shall be subject to probation or loss of its accreditation as provided in Paragraph (8) of this Section.
6. To provide a consulting service for law enforcement education and training centers.
7. To adopt, amend, or repeal rules and regulations to interpret and implement the provisions of this Act, including, not exclusively, the powers of the council enumerated herein.
8. To withhold or withdraw accreditation from law enforcement training centers and instructors upon a finding that the center, institution, or instructors hereby have failed or are failing to maintain standards set forth in this Chapter or promulgated by rules or regulations of the council. In addition, any training center determined not to meet the state's law enforcement training standards based upon the performance review conducted pursuant to Paragraph (5) of this Section shall be placed on probation. The council shall make written notification to any training center placed on probation and allow the training center not less than thirty days nor more than ninety days to remedy any deficiencies and be removed from probationary status. Any such training center which is not removed from probationary status within the requisite time period shall lose its accreditation.
9. To establish and implement curricula for such advanced, in-service, and specialized training courses as the council shall deem advisable and to recognize the completion of such courses by the issuance of certificates.

2405. Peace officer training requirements; unlawful activity by non-accredited training centers.

A.

1. Notwithstanding any other provisions of law to the contrary, any person who begins employment as a peace officer in Louisiana subsequent to January 1, 1986, must successfully complete a certified training program approved by the council and successfully pass a council-approved comprehensive examination within one calendar year from the date of initial employment. Any person who fails to comply with this requirement shall be prohibited from exercising the authority of a peace officer; however, such persons shall not be prohibited from performing administrative duties
2. In addition, any person employed or commissioned as a peace officer, reserve peace officer, or part-time peace officer prior to the effective date of this provision, including those persons employed as such prior to January 1, 1986, who has not satisfactorily completed a basic firearms training program, shall do so no later than August 1, 1999. All other such persons who begin employment subsequent to the effective date of this provision shall satisfactorily complete a basic firearms training program prescribed by the council within one calendar year from the date of initial employment. Any person who does not comply with the provisions of this Paragraph shall be prohibited from exercising the authority of a peace officer, reserve peace officer, or part-time peace officer; however, such persons shall not be prohibited from performing administrative duties.
3. Notwithstanding any provision of law to the contrary, no reserve or part-time peace officer shall be permitted to carry a concealed weapon unless he is in the actual discharge of his official duties as a reserve or part-time peace officer or he possesses a concealed handgun permit properly issued in his name pursuant to the provisions of R.S. 40:1379.3 or he has been certified by the Council on Peace Officer Standards and Training under the same standards as full-time officers.

B. Additionally, the receipt of supplemental pay from the municipal police officers fund, the deputy sheriffs' fund, or the state police fund shall be contingent upon the recipient's beginning employment as a peace officer after January 1, 1986, successfully completing a council-approved training program, and passing the council-approved examination within one calendar year from date of initial employment.

C. Peace officers employed as such prior to January 1, 1986, may continue their employment and their receipt of supplemental pay without compliance with the provisions of this Section.

D. In no case shall the failure of a peace officer to obtain the required training before the passage of one calendar year from the date of initial employment be grounds to suppress any evidence, testimony, or law enforcement action whatsoever in a court of law.

E. Peace officers employed after January 1, 1986, in villages of one thousand or less, according to the last decennial census, shall have a period of two calendar years to comply with the provisions of this Section, provided that in no case shall a peace officer of such village be prevented from continuing his duties or receiving regular or supplemental pay if the village is unable to provide the requisite training because of a shortage of funds.

2406. Short title.

The short title of this Chapter is Peace Officer Standards and Training Law.