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The documents posted below are those drafted by the LETB and submitted to the Legislative Services Agency, and other State agencies having roles in the administrative rulemaking process, for approval. These documents are reproduced in their entirety and may be viewed by clicking on the hyperlink for each document. Any comments regarding the proposed rule or any questions may be directed to: Tim J. Cain, Staff Attorney: firstname.lastname@example.org or (317) 837-3264.
Date of publication of proposed rule in the Indiana Register - July 13, 2016
Date of public hearing on proposed rule - August 10, 2016 at 10:00 a.m.
Adoption of final rule by Law Enforcement Training Board - August 15, 2016
Submission of final rule and supporting documents to Indiana Attorney General - August 17, 2016
A public hearing on the proposed rule will be held on August 10, 2016, at 10:00 a.m., in Room 35, at the Indiana Law Enforcement Academy, 5402 Sugar Grove Road, Plainfield, Indiana 46168.
Meetings will be held at the Indiana Law Enforcement Academy, at 1:00 p.m. in the Learning Resources Center on the following dates:
The Law Enforcement Training Board has revoked the following basic law enforcement certifications:
|Name||Date of Birth||Date Revoked|
|Donald R. Bailey||01/5/64||09/29/15|
|Aaron M. Bishop||06/23/76||09/21/11|
|Jamie P. Buford||11/13/68||02/09/11|
|Stacey L. Chasteen||10/6/65||09/29/15|
|Dana L. Cotton||06/28/59||07/13/11|
|Robert C. Culp||09/30/64||02/09/11|
|James Dejuan Davis||07/29/74||12/15/10|
|George Michael Deatrick||08/10/45||03/21/12|
|Christopher E. Dickerson||04/17/83||07/14/15|
|Noble Earl Duke||01/27/69||10/13/10|
|Jason P. Edwards||04/29/71||12/15/10|
|Ronald M. Fargo, Jr.||06/23/62||02/16/09|
|Michael B. Flynn||01/09/74||11/05/09|
|Michael D. Fogle||04/27/68||05/24/12|
|James D. Foutch||03/21/73||02/9/16|
|Haven R. Freeman||11/20/75||07/13/11|
|Ryan L. Huston||09/17/74||02/09/11|
|Edward O. Kabella||02/01/69||08/29/14|
|Chad D. Knight||05/05/61||10/01/07|
|Joseph R. Kumstar||04/28/71||11/02/14|
|Mark A. Lewandowski||09/26/73||08/18/08|
|Dennis L. Lewis||07/21/57||07/13/11|
|Robert B. Long||08/17/73||12/15/10|
|Tony W. Macik||03/31/70||08/26/10|
|Zachary Paul Miller||07/20/82||06/18/10|
|Joshua M. Nygren||07/08/77||06/03/11|
|Rodney L. Peters||03/30/66||06/16/09|
|Micah J. Rulli||03/09/84||07/13/11|
|David L. Scudder||10/10/70||07/27/10|
|Anthony Shaun Smith||09/08/71||08/26/10|
|Ronald D. Slusser, Jr.||03/18/64||09/02/14|
|Michael Charles Smith||12/22/60||12/15/10|
|Dennis Michael Swanson||03/03/47||04/16/07|
|Andrew J. Taghon||03/06/74||02/09/11|
|Timothy S. Whitright||12/30/82||01/09/13|
|William C. Wike, Jr.||06/01/67||07/27/10|
|Cale H. Worley||12/20/84||03/13/13|
This checklist will deal with legal issues and matters that police administrators should be concerned with as they plan for and administer their department missions. As more of the subjects listed below are addressed by the department, both a greater law enforcement quality and a reduction of civil liability exposure will take place.
1. Will the department provide the required 17 subject abuse training to every officer on the department as mandated by IC 5-2-8-1 through 5-2-8-8?
2. Will the department provide the required pre-basic training to newly appointed public payroll officers as mandated by IC 5-2-1-9?
3. Will the department provide the required training to newly appointed reserve officers as mandated by IC 5-2-1-9 and IC 36-8-3-20?
4. Will the department provide the required annual training report to the Executive Director of the Law Enforcement Training Board as required by IC 5-2-1-1 and 250 IAC 2-8-3?
5. Will the department provide the required 24 hours of annual continuing education to all public payroll officers as mandated by IC 5-2-1-9? Will the department comply with the new requirements of PL 85 found at IC 5-2-1-9(g) regarding annual in-service training regarding interaction with persons with mental illness, addictive disorders, mental retardation, and developmental disabilities to be provided by persons approved by the Law Enforcement Training Board and the Secretary of Family and Social Services?
6. Will the department provide the mandated training under federal law regarding hazardous material emergency response personnel under EPA and OSHA regulations 29 CFR 1910.120?
7. Will the department provide the mandated training and/or equipment under federal law to employees who may come in contact with blood or other body fluids under OSHA regulation 29 CFR 1910.1030?
8. Will the department comply with the requirements of the Fair Labor Standards Act as found in 29 U.S.C. Section 201 et seq. and the U.S. Department of Labor regulations dealing with employee salary calculation, working hours and overtime compensation found at 29 CFR?
9. Will the department comply with the requirements of the Federal Civil Rights Act of 1991 regarding sex discrimination and the non-use of physical agility tests that make differences on the basis of sex as also required by IC 36-8-3.2-3.5 for PERF full-time police officers?
10. Will the department comply with the comprehensive requirements of the Americans With Disabilities Act as found in federal statutes at 42 U.S.C. Section 12101 et seq. and Indiana law IC 22-9-5-1 et seq.?
11. Will the PERF Department submit its physical agility test and general aptitude test (if one is used) to the Law Enforcement Training Board (for review, not approval) as required by IC 36-8-3.2-3.5 for PERF departments hiring full-time police officers?
12. Will the PERF Department comply with all PERF changes, when made under Indiana law at IC 36-8-1-1-et seq.?
13. Will the department have both comprehensive and quality standard operating procedures that reflect the latest law and practical standards for police officers?
14. Will the department comply with all of the financial record keeping requirements of the Indiana State Board of Accounts?
15. In terms of employee work safety, will all the requirements of federal and state OSHA be met?
16. Will all of the requirements of both the Indiana Open Door Law (IC 5-14-1.5-1 through 5-14-1.5-8) and the Public Records Law (IC 5-14-3-1 through 5-14-3-10) be fully met in terms of public access to police information especially the law requiring a daily log/record of all police activity to be prepared within 24 hours under IC 5-14-3-5?
17. Will there be a plan in place that will handle and process all notices of tort claims as well as filed civil liability lawsuits. With the latest court decisions and jury verdicts, there will most certainly be increased litigation.
18. If your agency is bound by local ordinances, board of public safety resolutions, collective bargaining agreements, employment contracts, or specific court orders, are these being fully complied with?
19. Will there be a complete and fair promotion plan in place especially for merit departments pursuant to IC 36?
20. Are there programs in place that will both detect and eliminate employee discrimination on the basis of race, sex, color, creed, religion, national origin, age (especially for department civilian employees), physical disability, or freedom of speech?
21. Will the department's overall record keeping system be adequate to meet both legal review and litigation challenges?
22. Will the department comply with all of the requirements of the Family and Medical Leave Act of 1993 under federal law found at 29 U.S.C. Section 2601 et seq.?
23. Has the department reviewed the new LETB rules that took effect January 1, 2004 found at 250 IAC 2 et seq.?
24. Has the department taken steps to comply with the provisions of federal law pursuant to the Law Enforcement Officers Safety Act of 2004, found at 18 U.S.C. Section 926B(a) and 926C Indiana law at IC 35-47-13 regarding the carrying of concealed weapons nationally by current and retired police officers?
25. Will the department comply with the new Indiana Supreme Court Administrative Court Rule 9 concerning court records?
26. Will the department comply with the evidence collection and disposition laws found at IC 35-33-5-1 et seq. and IC 35-43-4-4(h)?
27. Will the department comply with the new refresher course requirements as stated in IC 5-2-1-9 (n) and the Law Enforcement Training Board Administrative Rule 12 for officers out of law enforcement for two or more years at the time of their reappointment?
28. Will the department take steps to revoke an officer's basic training certificate if the grounds for revocation are present as required by IC 5-2-1-12.5.?
29. Has the department taken steps to provide to its officers the in-service training called for regarding human and sexual trafficking pursuant to IC 5-2-1-9 (a)(10) and IC 35-42-3.5?
30. Has the department taken steps to provide improved witness testimony skills training now that under new Indiana Rules of Court the members of the jury can take notes, can ask witnesses their own questions through the judge, and cameras (on an experimental basis) in the courtroom have been approved?
Certainly a legal checklist, for law enforcement could be extended into many other areas. Nonetheless, the above list refers to the present major legal matters of concern for Indiana based police.
The above material is being provided in an effort to generally inform law enforcement officers regarding various legal issues of interest. For specific application of these matters to your particular circumstances, consult your prosecuting attorney or police department legal counsel.