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The venerable Michigan Commission on Law Enforcement Standards has handed down a new ruling that states a police officer must work 520 hours per year to remain certified.
The old rule (in case you don't remember from the days when you were trying to get certified) was that to be certified as a police officer you had to be "reguarly employed" and that term was never defined.
The new rule takes effect in 2012 and may spell big trouble for agencies that hire part-time officers for large infrequent events such as Nascar races at Michigan Internation Speedway. These agencies have "reguarly employed" officers that might only work one weekend a year, but replacing them with full-time officers that are willing to travel to work part-time there might be very costly.
Hit the "Read More" link for the full details from MIRS
Law enforcement officials warned today that a rule adopted last year by the Michigan Commission on Law Enforcement Standards (MCOLES) would declassify nearly 400 law enforcement officials as not being "regularly employed."
Upon advice from the Attorney General's office, MCOLES has been concerned about defining a police officer as a "regularly employed" member of a law enforcement agency. That phrase itself isn't defined, which concerned MCOLES members about leaving the door open to lawsuits.
So after a series of public hearings, MCOLES unanimously in April 2008 adopted a standard of regular employment as 520 hours annually. The commission estimates that of the about 26,000 police officers in Michigan, 391 current law enforcement professionals would not be classified as "regularly employed". The standard won't be in effect until 2012.
MCOLES members argued in a written report that the new rule is good for officers and will improve public safety.
"Law enforcement officers, unlike other professionals, have the broad responsibility of doing whatever is necessary to protect public safety," members wrote. "Often, there is no textbook response that will apply in a particular situation. . . It is absolutely essential that knowledge gained through training is tempered by (arguably recent) experience in the field. This will not only enhance the ability of law enforcement to protect the public, it is a key component of officer safety and survival."
But several law enforcement officials outlined their concerns today to the Senate Homeland Security and Emerging Technologies Committee. Many, like Columbia Township Police Chief and former state representative candidate David ELWELL, were from small police departments that depend on part-time officers.
Elwell complained MCOLES was operating "with blinders on." He argued that without the part-time officers, calls would shift to sheriff's departments and the Michigan State Police. He also questioned MCOLES' numbers and said that more officers would be affected.
Sen. John PAPPAGEORGE (R-Troy) said he couldn't support the rule and wasn't comforted by the fact that it wouldn't be in effect for three years.
"It sounds like if a person doesn't do 520 hours a year, he's not qualified," he said.
Oakland County Sheriff Mike BOUCHARD wasn't there to testify, but he did send a letter opposing the rule. He noted that all of his court deputies are part-time, most of which are retired from other law enforcement agencies with 25 to 35 years of experience.
"I am sure you will find this new rule will create hardships on a variety of agencies both big and small at a time when we all can least afford it," he wrote.
The Michigan Township Association also spoke in opposition of the rule, with Legislative Liaison David BERTRAM noting that many local governments hire part-time officers during peak summer times and special events.
"MTA understands that this would be one of (if not the most) rigid definition in the country," he wrote the Committee. "At a time when local governments are stressed by lower revenue sharing and lower tax revenues, making it more difficult to find qualified law enforcement personnel would cause considerable challenges and likely the elimination of law enforcement departments in many communities."
More than a dozen local governments also have passed resolutions against the rule. The Branch County Board of Commissioners' resolution said it's an "unfunded mandate that takes away local control, will exacerbate budgets, and will ultimately jeopardize public safety."
Committee Chair Cameron BROWN (R-Fawn River Twp.) said he was going to listen to both sides of the issue and see if a compromise could be worked out.
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