Chapter 464-4 OFFICER REGISTRATION
| (a) |
Every person required or permitted to be registered as an officer shall make
application on forms furnished by the Council, and in connection therewith
shall, under oath, answer all questions, supply all information, and furnish
all certificates, affidavits, waivers to obtain information and other
supporting data as required. Any untrue, misleading or omitted statement
contained in any such application shall be cause for denial, and if any
registration has been granted, it shall be cause for the revocation of
same. |
| (b) |
All applications for
registration as a jail officer must be received by the Council by July 1, 2001.
No person shall be permitted to submit an application for registration after
that date. All persons filing applications after that date shall be required to
meet the certification requirements of a jail officer. |
| (c) |
All applications for registration as a
municipal probation officer must be received by the Council by July 1, 2008. No
person shall be permitted to submit an application for registration after that
date. All persons filing applications after that date shall be required to meet
the certification requirements of a municipal probation officer. |
Any officer employed or appointed by a law enforcement unit of
communications agency seeking registration under these Rules shall have the law
enforcement unit or communications agency complete two (2) applicant
fingerprint cards for each employee seeking registration. All fingerprint cards
shall be processed by the Georgia Crime Information Center (GCIC) and the
National Crime Information Center (NCIC) and the results returned to the
Council.
All registration applications under these Rules shall be a
permanent record. It is expressly made the responsibility of the registered
officer to keep such application current. Should any change occur during
subsequent years after registration which would require a different answer to
any questions contained in the application, or supporting document which is
made a part of the application, such change must be reported as an amendment to
the application within thirty (30) days of the date of the occurrence of such
change. Hiring, promotions, termination of employment and other changes in the
employment status of a registered officer is the responsibility of the agency
to report within fifteen (15) days of the occurrence of such change in
status.
Any applicant/candidate for registration or registered officer
who has any disciplinary action taken against him/her by any agency, organ, or
department of this State, a subdivision or municipality thereof, or federal,
shall notify the Council within fifteen (15) days of such action. For purposes
of the fifteen (15) day time limit, evidence that notification was mailed
within fifteen (15) days shall be sufficient. Disciplinary action as used
herein means any action taken by any municipal, county, State, or federal
agency against a registered officer, including but not limited to:
| (a) |
arrest by local, State, or federal
authorities; |
| (b) |
suspensions of
thirty (30) days or longer, demoting (other than for administrative purposes)
or termination by employing agency. |
| (c) |
indictments or presentments in any local,
State or federal courts; |
| (d) |
conviction, penalty or any plea in any local, State or federal court; |
| (e) |
minor traffic citations written to an
officer need not be reported to the Council. |
Law Enforcement Units suspending, for thirty (30) days or
longer, demoting (other than for administrative purposes) or discharging an
applicant/candidate for registration or registered officers for disciplinary
reasons shall so inform the Council in writing within fifteen (15) days
of such action and records concerning the disciplinary action shall be made
available to an investigator with POST Council.
The Council shall have the authority to initiate inquiries to
determine compliance with the Peace Officer Standards and Training Act by
individual peace officers. The officer's waiver signed upon application shall
authorize the Council to obtain documents and other information necessary for
the inquiry.
The Council shall notify all registered officers by mail or
hand delivery of any disciplinary action or a hearing to determine if
disciplinary action is appropriate. For purposes of notification, mailing by
delivery confirmation or certified mail to the last address specified on the
application or the last known address of the officer shall constitute proper
service.
Any registration granted in accordance with O.C.G.A. §
35-8 and the rules of the Council shall not terminate upon a subsequent
employment or appointment as an officer, provided that subsequent employment or
appointment as an officer is recognized by the Council to be substantially the
same or similar to the employment or appointment by virtue of which said
officer was exempted and registered as such; provided, further, that such
subsequent employment or appointment is commenced within twelve (12) months of
such prior termination as an officer.
| (a) |
Employing
agencies receiving notice of a change in the medical condition, for other than
a short-term condition, of any applicant, candidate for registration, or
registered officer that prohibits the applicant, candidate, or officer from
performing required duties, shall inform the Council in writing within ten (10)
days of such action. As used in this section, the term short-term condition
means a medical condition which, in the judgement of a licensed physician,
surgeon or doctor of optometry, expressed in writing, will not persist for more
than 180 days, or such other period as may be specified by the Council, in its
judgement. |
| (b) |
Any applicant,
candidate, or person registered, pursuant to O.C.G.A. Title 35, Chapter 8, and
in compliance with the terms of registration in accordance with P.O.S.T. Rule
464-4-.08, who has a change in medical
condition, on or after the effective date of this rule, for other than a
short-term condition, and is terminated, voluntarily resigns, resigns in lieu
of dismissal, demoted, suspended, or retires as the result of a change in
medical condition which prohibits the applicant, candidate, or officer from
performing required duties shall notify the Council in writing within fifteen
(15) days of such action. |
| (c) |
A
change in medical condition shall cause a review of the applicant, candidate,
or officer's registration status by the Council as provided in O.C.G.A. §
35-8-7.1(a)(10). If as a result of this review, the Council determines that the
applicant, candidate, or officer is believed to be unable to perform the duties
of an officer with reasonable skill and safety to citizens due to this change
in medical status, the Council may take action as provided in O.C.G.A. §
35-8-7.1(b)(1). |
| (d) |
The applicant,
candidate, or officer shall be notified via certified mail of the Council's
action and of the affected party's right to contest the action by submitting a
request for hearing as provided in Section 464-8 as amended of P.O.S.T. Council
Rules. |
| (e) |
The employing agency of
the applicant, candidate, or officer shall be notified of the Council's action
by forwarding a copy of the notice to the employing agency via U.S.
Mail. |
| (f) |
If the affected
applicant, candidate, or officer fails to request a hearing as provided in
P.O.S.T. Rules, the decision of the Council shall become final. |
