Delaware Council on Police Training

I. Summary of the Evidence and Information Submitted.

The Council on Police Training published the proposed amendments to its regulations in the Delaware Register of Regulations on November 2, 2009. Notices of the proposed regulations were published in The News Journal and the Delaware State News on October 24 and 26, 2009, respectively. The newspaper notices invited written comments from the public but none were received. The newspaper notices also invited the public to attend a hearing on November 23, 2009 to comment on the proposed regulations. No members of the public attended the hearing.

II. Findings of Fact

The Chairman of the Council on Police Training finds it necessary to adopt the amended regulations to promote public safety by requiring minimum qualifications for the certification of law enforcement officers in the State of Delaware.

III. Decision To Adopt the Regulations

The Chairman of the Council on Police Training hereby adopts the amended regulations pursuant to 11 Delaware Code §8404(a)(14).

IV. Text and Citation

The text of the amended regulations shall be in the form published in the Register of Regulations on November 2, 2009 and shall be cited in “Part 801 – Council on Police Training.”

V. Effective Date of Order

The decision of the Chairman of the Council on Police Training to adopt the amended regulations was taken on November 23, 2009. The effective date of this Order shall be ten (10) days from the date of publication of this Final Regulatory Implementing Order in the Register of Regulations.

IT IS SO ORDERED , this 23 rd day of November, 2009.

Lewis D. Schiliro, Chairman

Council on Police Training

801 Regulations of the Delaware Council on Police Training

1.1 The objectives of the Council on Police Training are:

1.1.1 To encourage and increase the professional competency of police officers by:

1.1.1.1 Establishing minimum pre-employment qualifications for police officer applicants and;

1.1.1.2 Establishing minimum educational and training qualifications requisite to permanent appointment as a police officer, and;

1.1.1.3 Prescribing standards for In-service or continued training of police officers, and;

1.1.1.4 Suspend or revoke certification in the event an individual obtained certification through fraud or deceit, has been convicted of a felony or moral turpitude misdemeanor, or has failed to successfully complete and in-service or advanced training course required by Council.

1.1.1.5 In all situations where the provisions of Section 8404(a)(4) or Section 8410(b) of this Chapter are to be applied to or invoked against any agency or individual, that agency or individual shall be entitled to a hearing in the manner prescribed herein:

1.1.1.5.1 The Chairman shall select three (3) members of the Council to comprise a Board, which will hear evidence on the allegation (hereinafter “Board”).

1.1.1.5.2 Upon conclusion of the hearing provided for in this Section, the board shall submit its findings and recommendation to the full Council in writing for consideration and vote.

1.1.1.5.3 The ultimate findings of the Council shall be final, except that any ruling adverse to any party participating in the hearing may be appealed to the Superior Court within 15 days of receipt of written notification of said finding. Absent an appeal, all findings of the Council shall become final upon expiration of said appeal deadline.

1.1.1.5.4 All hearings shall be conducted in accordance with the Administrative Procedures Act of the Delaware Code.

2.1 As used in this chapter:

“ Approved Academy ” means a Police Basic Training School authorized by the Council to provide mandatory training and education for police officers as prescribed in this chapter.

“ Council ” means the Council on Police Training.

“Inactive status” means status assumed by a certified police officer upon termination of employment with a law enforcement agency.

“ Pathology ” means the branch of medicine concerned with the study of the nature of disease and its causes, processes, development and consequences.

“ Permanent appointment ” means appointment by the authority of any municipality or government unit in or of this State or the University of Delaware Police Department, Delaware State University Public Safety Department and the Delaware River and Bay Authority to permanent status as a police officer.

“ Permanent basis ” means continual employment with a law enforcement agency on a full-time or part-time basis.

“ Police officer ” means a sworn member of a police force or other law-enforcement agency of this State or of any county or municipality who is responsible for the prevention and the detection of crime and the enforcement of laws of this State or other governmental units within the State.

For the purposes of this chapter this term shall include permanent full-time law enforcement officers of the University of Delaware Police Department, Delaware State University Public Safety Department and the Delaware River and Bay Authority.

Permanent law enforcement officers of the Department of Natural Resources and Environmental Control including Park Rangers, Fish and Wildlife Agents, and Environmental Protection Officers.

For purposes of this chapter this term shall not include the following:

• A person holding police power by virtue of occupying any other position or office. ( 11 Del.C. 1953, & 8401; 57 Del. Laws, c. 261; 57 Del. Laws , c.670, & 1A, 63 Del. Laws , c. 31, & 1 .)

“ Seasonal appointment ” means appointment for no more than 6 months per calendar Year. Any deviation from this standard based on special circumstances will require prior approval by the Council.

“ University ” means the University of Delaware Police Department or Delaware State University Public Safety Department.

“ Validated test ” means a test that has been shown by scientific means to be specific related to job performance and job tasks and does not have an adverse impact.

3.1 The applicant shall complete an application, the format of which has been approved by the Council. (See Section IV. Forms)

3.2 The applicant shall be a citizen of the United States.

3.3 The applicant shall have reached his/her 18 th birthday as a seasonal officer and his/her 21 st birthday as a full time officer.

3.4 A licensed physician shall examine the applicant, at the expense of the employing agency, to determine that he/she is physically fit for normal police duties. The following shall be met,

3.4.1 The applicant shall be free from any major impediment of the senses.

3.4.2 The applicant shall be examined by a licensed ophthalmologist or optometrist and shall possess acuity of vision of not more than 20/200 correctable corrected to 20/20 in each eye. with soft contact lenses. The applicant shall have the ability to distinguish between the colors of red, green, and amber; and shall have no pathology of the eyes. Applicant shall also possess acceptable depth perception.

3.4.3 The applicant shall possess normal hearing in both ears per current standards.

3.4.4 The applicant shall have no communicable diseases.

3.4.5 The applicant shall have no physical deformities, which would be detrimental to proper performance of police duties.

3.4.6 The applicant must pass a drug-screening test prior to appointment or attendance at an approved police basic training Academy. The standards for such drug screening shall be adopted by the agency seeking to employ the applicant; at a minimum, these standards must provide for confirmatory testing in the event of an initial positive finding. The cost of the drug screening test will be absorbed by the employing agency. Urine tests will be conducted for the following drugs:

3.4.6.1 Amphetamines (speed, uppers, meth)

3.4.6.2 Barbiturate (barbs, downers)

3.4.6.3 Benzodiazepines (tranquilizers, Valium)

3.4.6.4 Cannabidiol (THC, pot marijuana)

3.4.6.5 Cocaine (crack, snow)

3.4.6.6 Methaqualone (quaaludes, ludes)

3.4.6.7 Opiates (heroin, smack, morphine)

3.4.6.8 Phencyclidine (PCP)

3.4.6.9 Designer Drugs (ecstasy)

3.5 The applicant shall take and successfully complete a validated psychiatric / psychological test to show his/her competency to perform law enforcement duties. The applicant shall also be required to be examined in person and receive endorsement by a licensed psychologist / psychiatrist to determine that his mental and emotional stability is suitable to perform law enforcement duties (i.e. race relations, use of force and authority, flexibility and maturity). Mental exam rejection: such as psychoneurotic reaction resulting in hospitalization, prolonged care by physician or loss of time for repeated periods.

3.6 The applicant shall be a high school graduate as evidenced by a diploma issued by a state accredited high school. An equivalency diploma issued by an accredited high school is acceptable.

3.7 The applicant shall possess a valid drivers license.

3.8 The applicant shall be of good reputation and character. The employing department shall conduct a character and background investigation on each applicant in the form and manner as prescribed by the Council (see form IV-14). The chief, or his designee, of the hiring department, shall interview the applicant in person and all background investigation records shall be kept on file for a period of two years for those applicants not hired and permanently for those applicants hired for inspection by the Council on Police Training or its authorized representative.

3.9 The applicant shall not have been convicted of a felony or misdemeanor, which precludes the individual from possessing a weapon. The applicant shall be fingerprinted and a search made of local, state and national fingerprint files to disclose any criminal record; and the fingerprint cards and any identification records shall be made available for inspection to the Council on Police Training or its authorized representative. A conviction of any state or federal crime may be grounds for rejection of the applicant by the Council.

3.10 The applicant shall successfully complete a written job related examination, in the form and manner as prescribed by the Council on Police Training, and the results shall be retained for a period of two years for inspection by the Council or its authorized representative. Form and manner being a validated test related to specific requirements needed to perform duties of a police officer

3.11 A bad conduct or dishonorable discharge from military service shall disqualify the applicant. Any discharge, other than above, which is not honorable, may be grounds for rejection, determination to be made by the hiring agency in conjunction with the Administrator of the Council on Police Training.

3.12 The weight of the applicant shall be in proportion to his/her height and build or body fat percentage as established by the Cooper Institute. www.healthchecksystems.com/heightweightchart.htm

3.13 Physical Ability Testing : Each department sending recruits to a COPT approved academy within this state will be responsible to see that the applicant meets the minimum physical ability standards as set by the respective academy. Recruits found not to meet the minimum standard(s) are subject to dismissal from the respective training academy.

3.13.1 The COPT recommends a test battery for applicants as suggested by the Cooper Institute 1 . The Battery is as follows:

3.13.1.1 Vertical Jump

3.13.1.2 One Minute Sit Up

3.13.1.3 300 Meter Run

3.13.1.4 Maximum Push-Up or Bench Press

3.13.1.5 1.5 Mile Run

3.13.2 The procedure and order for testing is recommended as follows:

3.13.2.1 Warm up for 3 minutes, perform vertical jump test and rest for 2 minutes

3.13.2.2 Perform one minute sit-up test and rest for 5-10 minutes

3.13.2.3 Perform 300 Meter run and rest for 5-10 minutes

3.13.2.4 Perform Maximum Push-up test and rest for 5 to 15 minutes.

3.13.2.5 Perform Cardio-warm up for 2-3 minutes and then perform 1.5 mile run followed by cardio-cool down for 5 minutes.

3.13.3 As a minimum, applicants should be capable of satisfactorily completing 3 of the recommended tests. Satisfactorily is held to mean the achievement in the 20 th percentile as cited in the Cooper Fitness Norms, Single Norms 2 . The inability of a recruit to perform physical ability tests to the 20 th percentile shall be reported to the director of training of the academy to which the recruit is enrolled. The Director of Training may require additional testing, specialized training, or may at his/her discretion, deny enrollment of said recruit in the respective training academy. In all cases where a recruit is denied enrollment, the Director of the COPT shall be notified in writing with the reasons for the denial clearly stated.

3.13.4 Physical Fitness/Wellness testing and training is to encourage and teach law enforcement officers to maintain a healthy fitness level throughout their career. Law enforcement officers who remain physically fit prove more readily able to cope with the day-to-day stress of job demands, and are better prepared to handle critical incidents. For this purpose, the COPT has established a minimum Physical Ability level for law enforcement recruit applicants, and officers currently employed in law enforcement out of state, and seeking law enforcement employment in Delaware. It will be the responsibility of each agency to test and determine fitness for duty levels of their respective recruit candidates.

3.13.5 While the COPT has established minimum standards, each department may establish higher standards based on the physical demands placed on officers within their respective jurisdiction. Agency heads, when establishing physical fitness standards for their agency are encouraged to familiarize themselves with Federal Legislation contained in Title VII of the Civil Rights act of 1964, and by the Civil Rights Act of 1991. This legislation requires that all employers of more than 15 employees must refrain from policies and procedures, which either expressly or effectively discriminates against specified categories of individuals except under limited circumstances.

3.14 No requirement of this section is to be interpreted as precluding any agency from establishing higher standards. In no case, however, may the department head or agency employ persons with qualifications below the minimums set forth in these regulations for the position of police officer. Higher standards are recommended whenever the availability of qualified applicants is available.

4.1 The Council required that the Administrator be notified by the Chief of Police, in writing, within 5 days of the employment or termination of any police officer under his/her command. (See Section IV. Forms)

5.1 Police Basic Training Course

5.1.1 In order for training to be accepted by Council on Police Training the training must be instructed by Certified Instructors as set forth in II-12.

5.1.1.1 Each applicant for the position of police officer in the State of Delaware must satisfactorily complete the Police Basic Training Course as prescribed in 11 Delaware Code §8405(a) (Amended 07/08/93) prior to being given or accepting an appointment as a police officer.

5.1.1.2 The Council on Police Training has certified six agencies as approved police basic training academies. Those agencies are: The Delaware State Police; New Castle County Police; Wilmington Department of Police; Newark Police Department; Dover Police Department; and Delaware River and Bay Authority Police Department.

5.1.1.3 As a condition of maintaining their status as an approved police basic training academy during the training period for applicants for certification as police officers, each school must conduct a minimum of one random drug-screening test on each such applicant. The cost of conducting one test for drug samples pursuant to this section for each applicant undergoing training, including confirmatory testing in the event of an initial positive finding, shall be paid by the Council. The drug screening must be conducted according to standards adopted by the agency conducting the school; these standards must include confirmatory testing as described above.

5.1.1. 4 3 Any arrest for criminal and/or traffic offense, the Council on Police Training should be notified within 5 days.

5.1.1. 5 4 Person must meet PT standards of the academy to which they will be attending.

5.2 Waiver of Equivalent Training – RECIPROCITY

5.2.1 The Council on Police Training may waive the requirement of attending an approved Delaware Police Training Academy for those officers seeking Delaware certification of training after having completed equivalent training out-of-state, and having met all training considered indigenous to Delaware.

5.2.2 The Chief of Police of the municipality seeking waiver of training obtained in Delaware must submit to Council an application for Exemption from Mandatory Training. (See Section IV. Forms)

5.2.3 The application must be completed in its entirety and submitted to the Administrator prior to appointment by the requesting agency. The officer must enclose a copy of the certificate of training from the police academy, which provided police basic training. The officer must also enclose a copy of the curriculum from that academy which must include: description of courses taught; hours assigned to each course; and, a brief synopsis of the material taught in each course.

5.2.4 The Administrator will examine the equivalent training records and make a comparison with the Delaware Mandatory Requirements. Any areas not meeting Delaware Standards will be required, prior to submission of the waiver application to Council for consideration

5.2.5 If an applicant has completed an out-of-state Academy but was not employed as a police officer for 5 years immediately following graduation, that applicant must attend a Delaware has not worked full time in law enforcement during the five years immediately prior to the date of application, that Applicant must attend an approved Academy in its entirety. If the Council should determine that the out-of-state training was in the main, deficient, it may deny the waiver in its totality and require attendance at an approved Delaware police training academy.

5.2.6 If an applicant, upon review of their training, needs to take more than 40% or 200 hours of the minimum number of hours of training in the state of Delaware, then they must attend a Delaware approved Academy in its entirety.

5.3 Annual required training to maintain certification

5.3.1 Each police officer, certified by the Council, will be required to complete 16 hours of in-service career related training annually.

5.3.2 In addition to the above 16 hours, the officer must also recertify in C.P.R., AED, and First Responders recertification as noted in Section II-16

6.1 The Council of Police Training may provide a modification from the application; application of any provision of this chapter or the Rules and Regulations promulgated hereunder, for any police officer of a municipality if:

6.1.1 The police officer is employed on a full-time basis, and;

6.1.2 The municipality makes application for such modification and establishes that it will suffer a hardship if the modification is not granted, and;

6.1.3 Application is made in writing to the Administrator of the Council on Police Training.

6.2 The Administrator will present the hardship application to the Council at the next regularly scheduled quarterly meeting. The Council will consider the request, debate its merits, and approve or deny the application by a majority vote of its members.

7.1 The Council on Police Training, subject to 11 Delaware Code §8404 , may:

7.1.1 Issue certification of completion of police officer training prescribed under this chapter;

7.1.2 Prescribe standards for in-service or continued training of police officers;

7.1.3 Establish minimum educational and training qualifications requisite to certification by the Council and permanent appointment as a police officer;

7.1.4 Establish recertification requirements for police officers who have previously been certified as having completed the training by Council, but have ceased to be employed on a permanent basis and have become classified as inactive.

7.1.5 Prescribe equipment and facility standards for academies and schools at which police training courses shall be conducted, including but not limited to existing county or municipal schools;

7.1.6 Establish minimum training requirements, attendance requirements and standards of operations for police training academies and schools;

7.1.7 Prescribe minimum qualification for instructors at such academies and schools and certify, as qualified, or decertify such instructors to their particular courses of study;

7.1.8 Approve and issue certificates of approval to such police training academies and schools, to inspect such academies and schools and to revoke for just cause any approval or certificate issued to such schools;

7.1.9 Suspend or revoke certification in the event that an individual:

7.1.9.1 Obtained certification by fraud or deception;

7.1.9.2 Has been convicted of a felony or of a misdemeanor involving moral turpitude or of any local, state, or federal criminal offense involving, but not limited to, theft, fraud, or violation of the public trust, or any drug law:

7.1.9.3 Has failed to successfully complete any annual re-certifications, in-service, or advanced training required by Council;

7.1.9.4 Has been found, after examination by a licensed psychologist or psychiatrist, to be psychologically or emotionally unfit to perform the duties or exercise the powers and authority of a police officer;

7.1.9.5 Effective 1/1/88 the Basic Curriculum shall be applicable for all new police officers, regardless of the type of employment or hours of employment, except seasonal employment.

7.1.9.6 Has been discharged from employment with a law enforcement agency for a breach of internal discipline; or has tendered his resignation prior to the entry of findings of fact concerning an alleged breach of internal discipline and who is found by the Council to have engaged in conduct constituting a breach of internal discipline for which the individual could have been legitimately discharged had he not resigned his position prior to an adverse finding of fact being entered on the issue by the employing agency.

7.1.9.7 Effective 1/1/88 the Basic Curriculum shall be applicable for all new police officers, regardless of the type of employment or hours of employment, except seasonal employment.

8.1 Inactive Status

8.1.1 Whenever a police officer required to be certified by the Council on Police Training retires, resigns, or otherwise voluntarily or involuntarily leaves his or her employing law enforcement agency, the chief of the employing agency shall advise the Administrator of the separation in writing within five (5) business days of the separation and identify the circumstances of the separation.

8.1.2 Upon receiving notice of a police officer’s separation from law enforcement employment, the Administrator shall place that individual on inactive status in which status he or she is not authorized to exercise the powers of a police officer until such time as he or she meets the requirements for re-activation.

8.1.3 The Administrator may re-activate the individual’s certification upon written application from the individual that he or she has accepted another full-time police position with a law enforcement agency whose training is regulated by the COPT and provided that the individual is not the subject of a de-certification proceeding pursuant to 29 Delaware Code §8404(4) and the individual meets all other criteria for re-activation which the Council has adopted in Regulation 8.2

8.2 Re-activation Requirements

8.2.1 If not employed on a permanent basis for a period of less than 12 months, an individual must complete all in-service requirements mandated by the Council pursuant to 11 Del.C. Section 8404(a)(5) prior to recommencing employment.

8.2.2 If not employed on a permanent basis for a period of greater than 12 months but less than 36 months, an individual must satisfy all minimum standards for initial employment established by the Council. These include, but are not limited to, the following An officer must satisfy the following minumum standards :

8.2.2.1 Medical background including:

8.2.2.1.1 Medical history / physical examination form

8.2.2.1.2 Physicians affidavit

8.2.2.1.3 Weight chart

8.2.2.1.4 Substance abuse screen

8.2.2.2 The results of a validated psychiatric / psychological test and interview, indicating competency to perform law enforcement duties.

8.2.2.3 Current criminal history record check, including fingerprints obtained from the State Bureau of Investigations.

8.2.2.4 Background investigation. Standardized form (IV-14) which consists of a minimum checklist.

8.2.2.5 All training requirements prescribed by the Council, including, but not limited to First Responder and Firearms recertification.

8.2.2.6 Firearms training.

8.2.3 If not employed on a permanent basis for a period of greater than 36 months but less than 60 months, an individual must satisfy all minimum standards for initial employment established by the Council. These include, but are not limited to, the following An officer must satisfy the following minumum standards :

8.2.3.1 Medical background including:

8.2.3.1.1 Medical history / physical examination form

8.2.3.1.2 Physicians affidavit

8.2.3.1.3 Weight chart

8.2.3.1.4 Substance abuse screen

8.2.3.2 The results of a validated psychiatric / psychological test and interview, indicating competency to perform law enforcement duties.

8.2.3.3 Current criminal history record check, including fingerprints obtained from the State Bureau of Investigation.

8.2.3.4 Background investigation. Standardized form (IV-14) which consists of a minimum checklist.

8.2.3.5 First Responder recertification

8.2.3.6 Complete a Firearms basic certification course.

8.2.3.7 Complete an academy basic criminal procedures, criminal law and traffic law course.

8.2.3.8 Complete any other academic requirement imposed by the Delaware State Police, Director of Training, following a review of the individuals training records.

8.2.4 If not employed on a permanent basis for a period of greater than 60 months, an individual must satisfy all requirements imposed by the Director of the Delaware State Police Training Division following a review of the individual’s training history and after approval by the Council.

9.1 Minimum Training Requirements

9.1.1 Due to their status, officers in this classification will receive a course of instruction that once completed will meet minimum standards established by the Council on Police Training. Seasonal officers are governed by administrative directive as per Council Mandate 10/17/90.

9.1.2 Due to the unique position of the Seasonal Police Officer, it will be stipulated that in lieu of training prior to active duty, they will instead be granted permission by the Council on Police Training to comply with Section 8404(a)(16) within fifteen (15) days of their initial employment date. The course needs prior approval by the Director of Training of the Delaware State Police Training Academy.

9.1.3 Seasonal police officer employment will encompass the restricted time frame of employment of more than 4 weeks and no more than 6 months.

9.1.4 Seasonal police officers who carry firearms shall be trained as required under 8404(a)(16). Reinforced by Council 08/24/94.

9.1.5 Seasonal police officers who operate police vehicles on patrol shall be trained in EVOC.

9.2 Basic Curriculum – Seasonal 48 Hours

9.2.1 Communications 1 Hour

9.2.1.1 Acquaints the officer with the features and use of communications equipment used in police operations, including telephone, teletype, and radio. Instruction also includes rules and regulations of the Federal Communications Commission with regard to radio transmissions.

9.2.2 Courtroom Procedure and Demeanor 2 Hours

9.2.2.1 The fundamentals of how to be most effective as a witness in court. Includes preparation of the case prior to courtroom presentation. Also, appearance, manner, and attitude in court and while waiting to testify.

9.2.3 Criminal Code (Minor Offenses) 4 Hours

9.2.3.1 The course should make the officer familiar with the code and the common minor violations and to know how to make ready reference to the code for other violations.

9.2.4 Cultural Diversity 4 Hours

9.2.4.1 The purpose of this course is to prepare the officer to deal fairly and effectively with minority groups in society. This course is intended to bring about increased understanding and respect of the duties of the police officer on the part of these minority groups with which the officer must deal.

9.2.5 DELJIS 8 Hours

9.2.5.1 Each recruit will be instructed on the DELJIS System. Recruits will be able to navigate DELJIS and develop electronic warrants.

9.2.6 Emergency Care (Basic “ABC” CPR/AED) 6 Hours

9.2.6.1 Training to develop first aid techniques that enable an officer to meet the basic demands in most cases.

9.2.7 Laws of Arrest and Search Procedures 6 Hours

9.2.7.1 The legal foundation of laws governing and limiting the police officer’s authority in the areas of arrests. This treatment shall be afforded with respect to the laws of arrest with or without warrants, arrest for misdemeanors and arrest for felonies, the elements of probable cause, and the disposition of persons after lawfully arrested.

9.2.8 Patrol Procedures (Basic Tactics) 3 Hours

9.2.8.1 The most important single function of the police; the prevention of crime, the protection of life and property, the preservation of peace, the enforcement of law, and the detection and arrest of violators of the law and the relationship of such purposes to the patrol functions.

9.2.9 Police Discipline and Courtesy 1 Hour

9.2.9.1 Basic why, when, and where of discipline and courtesy of police officers.

9.2.10 Report Writing 2 Hours

9.2.10.1 Instructs the officer in the essential mechanics of recording his investigations in report form suitable to serve both as an aid to further investigation and to the preparation and development of prosecution.

9.2.11 Traffic Code 2 Hours

9.2.11.1 This class is designed to present the recruit with the fundamentals and mechanics of traffic control, control devices, proper signals and gestures.

9.2.12 Traffic Control 1 Hour

9.2.12.1 Designed to teach the officer the fundamentals and mechanics of traffic control and control devices; and to familiarize the officer with the proper signals and gestures used in point traffic control.

9.2.13 Use of Police Equipment (Mace/Nightstick or Baton/Handcuffs) 8 Hours

9.2.13.1 Basic procedures for the effective use of non-lethal equipment.

9.2.14 Note: This will not preclude any department from expanding on and or providing more than the minimum as provided above.

10.1 Proposed instructors shall forward a resume including information relative to their education, experience in law enforcement, experience and suitability in instruction, ability at oral and written communication, and physical and personal appearance to the Administrator of the Council on Police Training.

10.1.1 The instructors shall be of two types:

10.1.1.1 Those used in general police instruction and have been in law enforcement for a minimum of five years.

10.1.1.2 Those who, by their special knowledge and preparation, are suited to instruct certain courses requiring such special knowledge and education shall have the five year minimum experience waived.

10.1.2 All instructors must meet one of the following criteria.

10.1.2.1 Certification from a police instructor school as approved by the Delaware Council on Police Training and instructed by a Council-certified master instructor.

10.1.2.2 Those, who by their special knowledge and preparation, are suited to instruct certain courses requiring such special knowledge and education may be given a certification limited in subject matter.

10.1.3.1 Certified instructors shall be monitored by the Director (or his designee) of the respective academy in which they are instructing.

10.1.3.2 Evaluation reports shall be forwarded to the director (or his designee) of the training academy from which the instructor originates.

10.1.4 Complaint Process

10.1.4.1 Students having complaints relative to training shall direct such complaints to the director of the academy they are attending.

10.1.4.1.1 If remedial action in not forthcoming, the complaint;

10.1.4.1.1.1 In the case of officers attending their own academy, they shall follow the authorized chain of command of that agency.

10.1.4.1.1.2 In the case of officers attending an academy other than their own, they shall notify their training officer or chief of police.

10.1.4.1.1.3 The training director or chief of police making complaints relative to an instructor or the training shall make a written request to the Administrator for an evaluation. The Administrator, or his designee, shall provide such evaluation for every request. The designee shall be a director of an approved status academy or his assistant.

10.1.5.1 Instructors who become certified, but through the evaluation process are found to be unacceptable for training purposes may be decertified by the Council upon recommendation by the Training Director of the agency’s Academy, and the Administrator of the Council.

10.1.5.2 Falsification of information which led to certification shall be just cause for decertification.

10.1.6 Appellate Process:

10.1.6.1 There are no appeals of the decisions of the Council on Police Training concerning instructor decertification unless a claim of lack of due process can be substantiated.

11.1 Firearms training defined: Weapons training conducted at a facility and by an instructor certified to teach such subjects by the Council on Police Training.

11.2 Duration and curriculum: The curriculum will include classroom lectures on use of force, safety, nomenclature, care of weapons, police combat tactics and marksmanship. Range instruction emphasizes the practical application of police weapons related to actual combat conditions. The range officer of the involved training facility will attest to the qualifications of the respective officer. The officer must qualify with his departmental issued weapon. The officer must attain 75% 80% of the possible score.

11.3 Depending on the number of persons being trained, and considering the amount of experience, or lack of experience the training population has with firearms, the training period will vary in time, but will consist of at least but not limited to 5 days.

11.4 Non-Qualification: Should an officer initially fail to qualify, that person would be permitted one (1) additional opportunity to attain certification. Scheduling for the additional attempt will be conducted at the convenience of the firearms officer. Under no circumstances, will an officer be permitted to carry a firearm on duty unless certified as per the requirements of Section 8404 of the Council on Police Training.

11.5 As authorized by 8404(a)(5): In order to retain certification, all police officers in the State of Delaware must receive recertification in firearms proficiency annually. The recertification must be conducted by a Council on Police Training certified firearms instructor.

11.6 A minimum of three (3) re-qualification shoots per year, scheduled on at least two (2) separate days, with at least 90 days between scheduled shoots required. Of these three, there will be one (1) mandatory “low light” shoot. Simulation is permitted and it may be combined with a daylight shoot.

11.7 Each training session shall consist of one minimum standards re-qualification course. An additional 50 rounds shall be fired for proficiency training. This is a total of 100 rounds per shoot as a minimum.

11.8 The Chief of Police shall forward to the Administrator, documentation of annual firearms recertification for each officer under his/her command within 90 days of the anniversary date of initial firearms certification. (See Section IV. Forms)

11.9 All training ammunition shall be comparable to issued service ammunition in performance specification. Service ammunition shall be collected annually and replaced with new. The collected ammunition may be used for training. All shooting is to be completed with authorized/issued weapons and equipment.

12.1 Handgun (Day)

A minimum of three qualification shoots per year, scheduled on at least two separate days, with ninety days between qualification dates.

Of the three dates, there will be one mandatory “low light” qualification. Simulation of “low light” is permitted and the “low light” qualification may be combined with a day shoot.

All training ammunition shall be comparable to issued ammunition in performance.

Service ammunition will be collected annually and replaced with new ammunition. The collected ammunition may be used for training and qualification.

A minimum of 150 rounds of ammunition will be fired annually for proficiency training. This ammunition will NOT include the ammunition required for qualification courses.

A minimum of 80% must be obtained to be qualified with the approved handgun. The method of scoring and target selection will be determined by the instructor.

All qualifications are to be completed with authorized weapon and equipment. (Holsters, speed loaders, pouches, etc.)

Shooting will be conducted annually using the flashlight for target illumination and identification.