Title 13 . Public Safety

Chapter 85 . Minimum Standards for Village Police Officers

Section 215. Basic employment standards for municipal correctional officers

13 AAC 85.215. Basic employment standards for municipal correctional officers

(a) A person may not be hired as a municipal correctional officer unless the person meets the following minimum qualifications:

(1) is a citizen of the United States, or a resident alien who has demonstrated the intent to become a citizen of the United States;

(2) is 19 years of age or older;

(3) is of good moral character;

(4) is capable of reading and understanding operational rules and policies, and has demonstrated the ability to apply them;

(5) is, at the time of hire, certified by a licensed physician, licensed physician's assistant, or licensed and certified advanced nurse practitioner, on a medical record form supplied by the council, to be physically capable of performing the essential functions of the job of municipal correctional officer;

(6) is mentally and emotionally capable of performing the essential functions of the job of municipal correctional officer and is free from any emotional disorder that may adversely affect the person's performance as a municipal correctional officer.

(b) A person may not be hired as a municipal correctional officer if that person

(1) has been convicted of a felony or a misdemeanor crime of domestic violence by a civilian court of this state, the United States, or another state or territory, or by a military court;

(2) has been convicted by a civilian court of this state, the United States, or another state or territory, or by a military court, during the three years immediately before the date of hire as a municipal correctional officer, of a misdemeanor crime of dishonesty or moral turpitude, of a misdemeanor crime that resulted in serious physical injury to another person, or of two or more DWI offenses;

(3) has been convicted by a civilian court of this state, the United States, or another state or territory, or by a military court, of the sale, manufacture, transport, or possession for purposes of sale, manufacture, or transport of a controlled substance;

(4) within the three years before the date of hire, has illegally used a controlled substance other than marijuana, unless the person was under the age of 21 at the time of using the controlled substance;

(5) has been denied certification or whose basic certificate has been revoked by the council in this state or the responsible licensing agency in any other issuing jurisdiction, unless the denial or revocation has been rescinded by the council under 13 AAC 85.270 or by the responsible licensing agency of the issuing jurisdiction.

(c) A person hired as a municipal correctional officer may not remain employed in that position without written confirmation from the municipality, submitted within 90 days after the date of hire, that the person meets the standards of (a) and (b) of this section. The council will grant an extension of the 90 day period, upon a written request by the municipality that explains the reason the extension is necessary, and if the council determines that the person will probably be able to meet the standards by the end of the extension period. If a municipality concludes at the end of an investigation that a person does not meet the required standards, the person may not continue employment as a municipal correctional officer. For purposes of determining whether a person meets the standards of (a) and (b) of this section,

(1) the following information must be provided:

(A) proof of age, citizenship status, and applicable education;

(B) fingerprints on two copies of FBI Applicant Card FD-258; both cards must be forwarded to the automated fingerprint identification section of the Department of Public Safety;

(C) a complete personal history of the person on a form supplied or approved by the council;

(D) a complete medical history report of the person; the report must be provided to a licensed physician, licensed physician's assistant, or licensed and certified advanced nurse practitioner for use in conducting a physical examination of the person;

(E) information as to whether the person has been denied certification or has had a basic certificate revoked by the council in this state or the responsible licensing agency in any other issuing jurisdiction, what the circumstances of any denial or revocation were, and whether the denial or revocation, if any, has been rescinded by the council under 13 AAC 85.270 or by the responsible licensing agency of the issuing jurisdiction; and

(2) a thorough personal-history investigation of the person must be conducted to determine character traits and habits indicative of moral character and fitness as a municipal correctional officer; the investigation must include a check of

(A) criminal history;

(B) wants and warrants;

(C) job references from previous employers; and

(D) personal references.

(d) All information, documents, and reports provided or developed under (c) of this section must be placed in the permanent files of the municipality and must be available for examination, at any reasonable time, by representatives of the council. A copy of any criminal record discovered and of the following completed council forms must be sent to the council within 90 days after the date of each hire:

(1) medical examination form;

(2) health questionnaire;

(3) personal history statement.

(e) A municipal correctional officer must begin field training, using the Department of Corrections Municipal Correctional Officers Field Training Manual, immediately after the date the officer is hired. The Municipal Correctional Officers Field Training Manual must be completed and sent to the council within six months after the date the officer began work with the municipality.

(f) Except if the employing municipality by ordinance makes that information public, the information in the council's files regarding an applicant or a municipal correctional officer is confidential, and available only for use by the council in carrying out the requirements of AS 18.65.130 - 18.65.290 and 13 AAC 85.200 - 13 AAC 85.280. However, training records and the documents listed in (c) and (d) of this section relating to an applicant or a municipal correctional officer may be reviewed by the applicant or the officer. Information that indicates that a person might not qualify for certification as an officer, or that adversely reflects upon a person's ability to be a competent officer may be furnished by the council to a correctional agency. An officer or applicant may not review information in the council's files that was supplied to the council with the understanding that the information or the source of the information would remain confidential, except that any information that serves as the basis for a decision to deny or revoke certification will be revealed to the officer or applicant.

(g) If the signature of the officer or applicant is required on a council form, the signature must be under oath or affirmation and must be accompanied by a statement by the officer or applicant that the information supplied is true, to the best of the person's knowledge.

History: Eff. 4/12/2001, Register 158; am 6/13/2002, Register 162

Authority: AS 18.65.220

AS 18.65.242

AS 18.65.248

AS 18.65.285