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Waivers

Waivers: General Overview

  1. There are a variety of waivers to be requested. Rule 13 waivers may be requested annually for time extensions on certification requirements annually. This request should state what is needed and the length of time needed. Certification waivers must be submitted with a supporting letter from an agency head and demonstrate a great need as to why a certification waiver should be granted. OOJ waivers are for candidates coming from out of state and military waivers are for deployed LEO's.

  2. Waiver requests will only be considered when submitted by an agency head or their designee.

  3. Agency heads/designees are strongly encouraged to ensure they are using the most current version of Council forms when requesting waivers. The most current version of those forms can be found on the Academy website's Forms page.

  4. The Director of Administration will review all waiver requests.

  5. Should an agency head/designee disagree with the findings of the Director of Administration they may appeal the decision to the Executive Director in writing (email is acceptable) within 10 business days. The Executive Director may overrule, affirm and/or amend the decision of the Director of Administration.

  6. Should an agency head/designee disagree with the findings of the Executive Director they may appeal the decision to the Council in writing (email is acceptable) within 10 business days. In all cases the decision of the Council is final.

Council Rules Governing Waivers

Annual Rule 13 Reporting Requirements

The calendar year following certification as a law enforcement officer, and every calendar year thereafter, each certified law enforcement officer shall participate in a minimum of thirty

(30) hours of certified or certifiable in-service training. Such training shall include firearms re­ qualification under the supervision of a Council-certified firearms instructor, four (4) hours of use of force & tactics refresher training under the supervision of a Council-certified use of force & tactics instructor and first aid training unless currently certified in first aid.

Each law enforcement agency head shall submit to the Executive Director a report summarizing the in-service training received by members of that agency during the previous calendar year. Said report shall be submitted prior to March 1st of every year and shall be in a format approved by the Executive Director.                                                                                                                            ·

The Council may require specific training to be obtained by all officers as part of their annual in-service training in a given year. The Council may also require individual officers to obtain specified training. Notice must be given to all law enforcement agency heads by December 1 of the prior calendar year.

The agency's training records shall be available for review by a representative of the Council staff upon reasonable notice.

For questions regarding the Rule 13 process please contact Lindsay Thivierge at Lindsay.Thivierge@vermont.gov

Rule 13 Reporting Guidelines

  1. Submit the report to the Council on time (no later than March 1).

  2. Include training hours for every officer you employed during the calendar year, including those who left employment.

  3. Report only training hours your agency sponsored or approved for each officer.

  4. Include documentation in your report for any officer who has failed to complete their mandatory training.

  5. Verify that any hours completed under an approved waiver to bring an officer back into compliance are not also counted towards completion of the current calendar years requirements.

Rule 13 MANDATORY ANNUAL IN-SERVICE TRAINING FOR LAW ENFORCEMENT OFFICERS

  1. The calendar year following certification as a law enforcement officer, and every calendar year thereafter, each certified law enforcement officer shall participate in a minimum of thirty (30) hours of certified or certifiable in-service training. Such training shall include firearms re­ qualification under the supervision of a Council-certified firearms instructor, four (4) hours of use of force & tactics refresher training under the supervision of a Council-certified use of force & tactics instructor and first aid training unless currently certified in first aid.

  2. Each law enforcement agency head shall submit to the Executive Director a report summarizing the in-service training received by members of that agency during the previous calendar year. Said report shall be submitted prior to March 1st of every year and shall be in a format approved by the Executive Director.                                                                                                                            ·

  3. The Council may require specific training to be obtained by all officers as part of their annual in-service training in a given year. The Council may also require individual officers to obtain specified training. Notice must be given to all law enforcement agency heads by December 1 of the prior calendar year.

  1. The agency's training records shall be available for review by a representative of the Council staff upon reasonable notice.

Additional Requirements:

  1. C.E.W. recertification (only required if the officer is assigned/carries a C.E.W. device).

  2. Interacting with People Experiencing a Mental Health Crisis (Act 80) – all Vermont Officers must have attended this class by 6/30/2017. This course is only required to be completed once.

  3. Domestic Violence In-Service - completed every two years (even-numbered years).

  4. Fair and Impartial Policing In-Service - completed every two years (odd-numbered years).

Out of State Waiver Policy for Certification

 

 Military Waivers

The Council has authorized the Executive Director to grant waivers of Rule 13 for persons on active military deployment status.

  1. The active law enforcement officer must be on active military orders for a period of at least six months in a calendar year. 

  2. Requests for a military waiver for Rule 13 training requirements should be summited to the Director of Administration using the current waiver request form

  3. Upon return from military deployment, the Agency must contact the Director of Administration to receive an updated training prescription for the officer granted the waiver in order to update their certification.

 

Active Military Deployment Waivers For Full and Part-Time Officers

At the quarterly meeting of the Criminal Justice Training Council held March 8th, 2005, the following waiver provisions were approved by the Council and will take effect immediately:

The Council has authorized the Executive Director to grant waivers of Rule 13 for persons on active military deployment status. The conditions of this waiver are:  

  1. The active law enforcement officer must be on active military orders for a period of at least six months in a calendar year.  Copies of the orders must be provided to the Council;
  2. Upon return from military deployment, the law enforcement officer must re-qualify with their duty weapon within 30 days; and,
  3. Upon return from military deployment, the law enforcement officer must attend first aid training within 30 days or provide documentation that such training was received during active military service.

At the quarterly meeting of the Criminal Justice Training Council held September 13th, 2005, the Council expanded the authorization for the Director to grant waivers to provisional part-time certified officers.  An individual who is activated/deployed and who is in a provisional certification period will have their status “frozen” until they return, at which time their 12-month clock will continue.

All requests for an “active military deployment” waiver must be submitted in writing.