Wis. Admin. Code LES — Law Enforcement Standards Board

Chapter LES 1 GENERAL

Wis. Admin. Code § LES 1.01 Statutory authority {#sec-les-1.01 omnilex-key=us-wi-regs-official--agency-les--LES 1.01}

The rules of the Wisconsin law enforcement standards board are established and adopted in compliance with s. 165.85, Stats.

History

• Cr. Register, September, 1970, No. 177, eff. 10-1-70.

Wis. Admin. Code § LES 1.02 Objectives {#sec-les-1.02 omnilex-key=us-wi-regs-official--agency-les--LES 1.02}

The objectives of the law enforcement standards board are to assist law enforcement by establishing minimum standards of recruitment and recruit training, and by encouraging and supporting other programs designed to improve law enforcement, tribal law enforcement, jail and secure detention administration and performance.

History

• Cr. Register, September, 1970, No. 177, eff. 10-1-70; am. Register, October, 1984, No. 346, eff. 11-1-84; am. Register, November, 1997, No. 503, eff. 12-1-97.

Wis. Admin. Code § LES 1.03 Definitions {#sec-les-1.03 omnilex-key=us-wi-regs-official--agency-les--LES 1.03}

As used in these rules:

(1) “Accredited credits” means those credits which have been awarded by a member of the Wisconsin technical college system or by its equivalent in another state or by a private or state college or university with current membership in good standing in a predominant, nationally recognized accrediting organization for private or state colleges or universities.

(1m) “Act” is the Wisconsin law enforcement standards act which is ch. 466, Laws of 1969.

(2) “Allowable” means those tuition, living and travel expenses which the board approves as reimbursable on the basis of state regulations and policy regarding such expenses.

(3) “Applicant” means a person, including a currently employed law enforcement, tribal law enforcement, jail or secure detention officer seeking employment as a law enforcement, tribal law enforcement, jail or secure detention officer in the state of Wisconsin.

(4) “Approved laboratory” means a laboratory certified by the United States department of health and human services, substance abuse and mental health services administration.

(5) “Board” means the Wisconsin law enforcement standards board.

(6) “Bureau” means the training and standards bureau of the division of law enforcement services in the Wisconsin department of justice.

(7) “Collection site” means a place designated by the approved laboratory where the applicant goes for the purpose of providing a urine specimen to be analyzed for the presence of drugs.

(8) “Collection site person” means a person who instructs and assists applicants at a collection site and who receives and makes an initial examination of the urine specimen provided by those individuals.

(9) “Confirmatory test” means a testing of the urine specimen performed, after an initial screening test of that specimen, by a gas chromatography/mass spectrometry (GC/MS) testing procedure or an equally rigorous scientific test approved by the board.

(10) “Controlled substance” has the meaning specified in s. 961.01 (4), Stats.

(11) “Division” is the division of law enforcement services in the Wisconsin department of justice.

(12) “Drug” means a controlled substance as defined in s. 961.01 (4), Stats.

(13) “Fringe benefit” means benefits paid to or on behalf of an officer above his or her hourly rate or salary and not required by law to be paid. Items excluded from fringe benefits shall include, but not be limited to, unemployment taxes, workers compensation premiums, and social security taxes.

(14) “Initial positive test result” means a finding by an initial screening test of the presence in the tested urine of any of the controlled substances or classes of controlled substances or their metabolites identified in s. LES 2.02 (5) (b) in levels at or above the threshold detection levels identified in s. LES 2.02 (5) (b).

(15) “Initial screening test” means a test of the urine specimen accomplished by immunoassay or an equally rigorous scientific test approved by the board.

(16) “Jail” means a county jail, a rehabilitation facility established by s. 59.53 (8), Stats., a county house of correction under s. 303.16, Stats., or a juvenile detention facility as defined in s. 48.02 (10r), Stats.

(17) “Jail officer” means any person employed by any political subdivision of the state for the purpose of supervising, controlling or maintaining a jail or the persons confined in the jail. “Jail officer” includes officers regardless of whether they have been sworn regarding their duties or whether they serve on a full-time basis.

(18) “Law enforcement officer” means any person employed by the state or any political subdivision of the state for the purpose of detecting and preventing crime and enforcing laws or ordinances, and who is authorized to make arrests for violations of the laws or ordinances the person is employed to enforce.

(18m) In this chapter, “police pursuit” has the meaning given in s. 85.07 (8) (a), Stats.

(19) “Political subdivision” means a county, city, village, town or public inland lake protection and rehabilitation district.

(20) “Positive test result” means a finding by a confirmatory test of the presence in the tested urine of any of the controlled substances or their metabolites identified in s. LES 2.02 (5) (c) in levels at or above the threshold detection levels identified in s. LES 2.02 (5) (c).

(21) “Preparatory training” is the basic training which a recruit must complete successfully before the board may certify the recruit as eligible for permanent appointment.

(22) “Prospective employing agency” means the state or any political subdivision of the state considering employing an applicant as a law enforcement, jail or secure detention officer or any tribal law enforcement agency considering employing an applicant as a tribal law enforcement officer.

(23) “Recruit” means a law enforcement, tribal law enforcement, jail or secure detention officer employed on a probationary or temporary basis, in compliance with the minimum recruitment qualifications set by the board, who is thereby eligible to take the preparatory training required for certification of eligibility for permanent appointment.

(24) “Salary” means base salary, plus fringe benefits not to exceed 15% of the base salary figure, but not including overtime, for the period specified in s. LES 3.01 (1) (a).

(25) “Secure detention officer” means any person employed by any political subdivision of the state to supervise, control or maintain a secure detention facility or the persons confined in a secure detention facility. “Secure detention officer” includes officers regardless of whether they have been sworn regarding their duties or whether they serve on full-time or part-time basis.

(26) “Termination of employment” means complete termination of relationship between employer and employee. Any employer approved leave of absence or suspension, caused by medical, military, educational, or other reasons shall not cause a termination of employment.

(27) “Tribal law enforcement officer” means a person who is employed by a tribal law enforcement agency for the purpose of detecting and preventing crime and enforcing the tribe’s laws or ordinances and who is authorized by the tribe to make arrests of Indian persons for violations of the tribe’s laws or ordinances and who agrees to accept the duties of law enforcement officers under the laws of this state.

History

• Cr. Register, September, 1970, No. 177, eff. 10-1-70; am. (10), Register, January, 1974, No. 217, eff. 2-1-74; renum. (6) to (10) to be (8) to (12) and am. (11), cr. (6) and (7), Register, October, 1984, No. 346, eff. 11-1-84; correction in (8) and (10) made under s. 13.93 (2m) (b) 5., Stats., Register, October, 1984, No. 346; cr. (5m) and (13), Register, February, 1991, No. 422, eff. 3-1-91; correction in (6) made under s. 13.93 (2m) (b) 7., Stats., Register, February, 1991, No. 422; renum. (3) to (13) to be (5), (6), (11), (13), (16) to (19), (21), (23) to (25), ch. (3), (4), (7) to (10), (12), (14), (15), (20) and (22), Register, August, 1993, No. 452, eff. 11-29-93; renum. (1) and (25) to be (1m) and (26), cr. (1), (25) and (27), am. (3), (19), (22) and (23), Register, November, 1997, No. 503, eff. 12-1-97; corrections in (10), (12) and (16) made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1999, No. 528; CR 99-115: cr. (18m), Register August 2001, No. 548 eff. 9-1-01; correction in (16) made under s. 13.93 (2m) (b) 7., Stats., Register April 2013 No. 688.

Chapter LES 2 RECRUITMENT QUALIFICATIONS

Wis. Admin. Code § LES 2.01 Minimum qualifications for recruitment {#sec-les-2.01 omnilex-key=us-wi-regs-official--agency-les--LES 2.01}

(1) Before an individual may commence employment on a probationary, temporary, part-time or full-time basis as a law enforcement, tribal law enforcement, jail or secure detention officer, that individual must have met recruit qualifications established by the board. The minimum qualifications for recruitment shall be:

(a) The applicant shall possess a valid Wisconsin driver’s license or such other valid operator’s permit recognized by the Wisconsin department of transportation as authorizing operation of a motor vehicle in Wisconsin prior to completion of the preparatory training course. The results of a check of the issuing agency’s motor vehicle files shall constitute evidence of driver’s status.

(b) The applicant shall have attained a minimum age of 18 years. A birth or naturalization certificate shall serve as evidence of applicant’s date of birth.

(c) The applicant shall not have been convicted of any federal felony or of any offense which if committed in Wisconsin could be punished as a felony unless the applicant has been granted an absolute and unconditional pardon.

(d) The applicant shall possess a Wisconsin high school diploma or a diploma issued by an out of state high school accredited by an appropriate agency of the state or shall have passed the general education development diploma test or any other test recommended by the Wisconsin department of public instruction as indicating high school diploma level.

(e) An applicant for employment as a law enforcement or tribal law enforcement officer shall possess either a 2 year associate degree from a Wisconsin technical college system district or its accredited equivalent from another state or a minimum of 60 fully accredited college level credits. An applicant who has not met this standard at the time of employment shall meet this standard as a requirement of recertification by the board at the end of his or her fifth year of employment as a law enforcement or tribal law enforcement officer. At the request of an applicant and upon documentation of experiences that have enhanced his or her writing, problem solving and other communication skills, the board may waive a maximum of 30 college level credits. This educational standard shall apply to applicants first employed as law enforcement or tribal law enforcement officers on or after February 1, 1993.

(f) The applicant shall be of good character as determined from a written report containing the results of the following:

1. The fingerprinting of the applicant and with a search of local, state and national fingerprint records.

2. A background investigation conducted by or on behalf of an employer. The employer shall certify in a document subscribed and sworn to by the affiant that a reasonably appropriate background investigation has been conducted, what persons or agency conducted the investigation and where written results of the investigation are maintained on file.

3. Such other investigation as may be deemed necessary to provide a basis of judgment on the applicant’s loyalty to the United States or to detect conditions which adversely affect performance of one’s duty as a law enforcement, tribal law enforcement, jail or secure detention officer.

(g) The applicant shall be free from any physical, emotional or mental condition which might adversely affect performance of duties as a law enforcement, tribal law enforcement, jail or secure detention officer.

1. The applicant shall complete a personal medical history, a copy of which is to be submitted to the examining physician.

2. The examination shall be by a Wisconsin licensed physician who shall provide a written report on the results of the examination.

(h) The applicant shall submit to and complete with satisfactory results, an oral interview to be conducted by the employing authority or its representative or representatives.“Satisfactory results” shall be determined from the contents of a written rating by the interviewer expressing an opinion concerning the applicant’s appearance, personality, and ability to communicate as observed during the interview.

(2) The employing authority shall supply the training and standards bureau with copies of the documentation and reports concerning the above listed qualifications. Personal history, rating and report forms currently used by the employing authority are acceptable for this purpose. If such forms are not available, the bureau will supply forms for this purpose upon request.

(3) If the applicant is employed on a probationary or temporary basis, the bureau shall be immediately informed. The bureau shall maintain a permanent file on each applicant.

(4) The foregoing are minimum qualifications. Higher qualifications are strongly recommended where the employing authority is in a position to require them.

History

• Cr. Register, September, 1970, No. 177, eff. 10-1-70; am. (1) (c), Register, April, 1973, No. 208, eff. 5-1-73; am. (f) 1. f., Register, January, 1974, No. 217, eff. 2-1-74; am. (1) (intro. par.) and (1) (b), Register, October, 1974, No. 226, eff. 11-1-74; am. (1) (d), Register, January, 1975, No. 229, eff. 2-1-75; r. (1) (a), Register, April, 1975, No. 232, eff. 5-1-75; am. (1) (intro.), renum. (1) (b) to (h) to be (1) (a) to (g) and am. (1) (a), (b), (d) to (g), Register, October, 1984, No. 346, eff. 11-1-84; correction in (1) (f) made under s. 13.93 (2m) (b) 5., Stats., Register, October, 1984, No. 346; renum. (1) (e) to (g) to be (1) (f) to (h), cr. (1) (e), Register, January, 1993, No. 445, eff. 2-1-93; am. (1) (d), Register, August, 1993, No. 452, eff. 11-29-93; am. (1) (intro.), (e) and (g) (intro.); r. and recr. (1) (f); Register, November, 1997, No. 503, eff. 12-1-97.

Wis. Admin. Code § LES 2.02 Pre-employment drug testing {#sec-les-2.02 omnilex-key=us-wi-regs-official--agency-les--LES 2.02}

(1) Testing requirement.

(a) The applicant shall submit to a drug test for the presence of the following controlled substances or classes of controlled substances or their metabolites:

1. Amphetamines

2. Cannabis or cannabinoids

3. Opiates

4. Cocaine

5. Phencyclidine (PCP)

(b) The drug test shall be accomplished through analysis of a urine specimen from the applicant. Other specimens of blood, breath, saliva or hair may be used when minimum standards equivalent with those for urine specimens have been established by the United States department of health and human services, substance abuse and mental health services administration. The specimen collected may only be used for either of the following:

1. Test required under par. (a).

2. Tests for other controlled substances as determined by the prospective employing agency.

(c) The costs of the urine sample collection and analysis shall be borne by the prospective employing agency.

(2) Notice of testing requirement. Notice of the date, time, and place of the drug test sample collection shall be given to the applicant no more than 3 days prior to the date of the scheduled collection. The notice shall inform the applicant that appearance for the drug test specimen collection at the stated date, time, and place is mandatory and that failure to appear without just cause to the satisfaction of the prospective employing agency or refusal to provide the specimen shall result in denial of certification by the board. The notice shall inform the applicant that a positive test result for which the applicant cannot provide a legitimate explanation to the satisfaction of the board shall result in the applicant being denied employment and being denied certification by the board. The notice shall state that the test results may be disclosed only:

(a) To the board.

(b) To the prospective employing agency or any other prospective employing agency.

(c) To the applicant or applicant’s designee.

(d) To the prospective employer’s designee or the board’s designee, if disclosed for a purpose related to or in conjunction with an applicant’s challenge to a positive test result, or an administrative action, court proceeding, or other proceeding in which the applicant challenges a denial of employment or certification.

(e) By lawful order of a court.

(f) As otherwise required by law.

(3) Specimen collection. The urine specimen shall be collected at a collection site designated by the approved laboratory specified by the prospective employing agency for the drug testing.

(a) The applicant providing the specimen shall be positively identified by the collection site person by use of a valid photo driver’s license, valid passport, or valid military identification card. If proper identification is not available, the specimen shall not be collected without contacting the prospective employing agency to make other arrangements for positive identification.

(b) The specimen shall be obtained from the applicant in a manner that complies with laboratory and collection site specifications adopted by the board and published in the policy and procedures manual of the board.

(4) Consequences of positive test result, failure to appear or refusal. A positive test result for which the applicant cannot provide an explanation to the satisfaction of the board, refusal to provide the urine specimen for the drug test, or failure to appear to provide the urine specimen at the scheduled date, time, and place without just cause to the satisfaction of the prospective employing agency shall result in the applicant being denied certification by the board.

(5) Testing procedure. The drug test required by sub. (1) shall be performed by an approved laboratory chosen by the prospective employing agency. Specifications for approved laboratories shall be published in the policy and procedures manual of the board.

(a) Tests to be performed. The testing procedure shall consist of:

1. An initial screening test

2. A confirmatory test when there is a positive initial test result.

(b) Controlled substances. The initial screening test shall be done for the presence of amphetamines, cannabis or cannabinoids, opiates, cocaine and phencyclidine (PCP) or their metabolites in tested urine in levels at or above threshold detection levels established by the United States Department of Health and Human Services, Substance Abuse and Mental Health Services Administration.

(c) Confirmation tests. The confirmation test shall be done for the presence of amphetamines, cannabis or cannabinoids (Delta-9-tetrahydrocannabinol-9-carboxylic acid), opiates (morphine, codeine), cocaine (Benz-oylecgonine) and phencyclidine (PCP) in tested urine in levels at or above threshold detection levels established by the United States department of health and human services, substance abuse and mental health services administration. Each applicant who receives a positive confirmation test shall be allowed to submit information in explanation of test results.

(6) Notice of test results; applicant rights. The testing laboratory shall forward any positive test results to the board as well as to the prospective employing agency.

(a) Within 10 working days after receipt of the test result report from the testing laboratory, the prospective employing agency shall inform the applicant in writing of a positive test result.

(b) If an applicant wishes to challenge a positive test result, the applicant shall, within 5 working days after receiving notice of a positive test result, submit in writing to the prospective employing agency and to the board information that the applicant believes provides a legitimate explanation for the positive test result. The applicant shall provide to the board written waivers of confidentiality for information the board believes is necessary for it to determine if there is a legitimate explanation for the positive test result.

(c)

1. Within 20 working days after receipt of the information in par. (b), the board shall determine if there is an acceptable legitimate explanation for the applicant’s positive test result.

2. The applicant, at the applicant’s expense, may select from a list of physicians approved by the board, a physician who is not the applicant’s personal physician, to review the test documentation and applicant’s explanatory information. The physician shall provide a written report to the board rendering an opinion and supporting rationale as to whether or not there is a legitimate explanation for the positive test result. The board shall consider this report in making its final determination.

3. The applicant shall cooperate in any investigation by the board or the selected physician needed to reach their respective determinations. Failure to cooperate shall be deemed a withdrawal of the applicant’s challenge to the positive test result.

4. The board shall immediately forward a written report of its findings and determination to the applicant and to the prospective employing agency.

5. The board shall approve a list of physicians qualified and acceptable to review drug analysis results. The list shall be published in the policy and procedures manual of the board and updated as required.

(d) The board may approve alternative procedures by prospective employing agencies to assure applicant rights.

(7) Drug test results; confidentiality.

(a) The prospective employing agency shall ensure that only personnel necessary to the employment decision have access to drug test records.

(b) All records pertaining to drug tests performed pursuant to sub. (1) shall remain confidential, except that the records may be released to:

1. To the board.

2. To the prospective employing agency or any other prospective employing agency.

3. To the applicant or applicant’s designee.

4. To the prospective employing agency’s designee, or the board’s designee for a purpose related to or in conjunction with an applicant’s challenge to a positive test result or an administrative action, court proceeding, or other proceeding in which the applicant challenges a denial of employment or board certification.

5. By lawful order of a court.

6. As otherwise required by law.

(c) An applicant may provide written permission for any other release of records pertaining to the drug tests.

(d) The prospective employing agency shall provide copies of all necessary documentation and reports under this section to the board.

History

• Cr. Register, August, 1993, No. 452, eff. 11-29-93.

Chapter LES 3 TRAINING STANDARDS

Wis. Admin. Code § LES 3.01 Minimum standards for preparatory training {#sec-les-3.01 omnilex-key=us-wi-regs-official--agency-les--LES 3.01}

(1) Minimum standards for preparatory training for law enforcement and tribal law enforcement officers shall require that:

(a) The minimum amount of preparatory training which must be successfully completed by a law enforcement or tribal law enforcement recruit before that recruit may be certified as eligible for permanent appointment shall be a total of 400 hours. The subjects and the minimum time during which they are to be covered in this preparatory training shall be determined by the board after due consideration of recommendations made by the advisory curriculum committee identified in s. LES 3.02. The curriculum so decided upon may be changed by the board as the need becomes apparent due to technological changes affecting law enforcement, current problems involving the public welfare or additional recommendations made by the advisory curriculum committee. Instructional goals for the 400 hour preparatory training course approved by the board are identified in s. LES 3.03.

(b) Trainees shall obtain passing grades of at least 70% or its lettered equivalent in written examinations in all subjects with the exception of competency-based subjects for which there are board approved examination checklists. For the competency-based subjects, trainees must demonstrate their achievement of training objectives to the satisfaction of board certified instructors.

(c) Each trainee must successfully complete this training within the original probationary period. Under justifiable circumstances, this period may be extended for a period not to exceed one year, but the total period during which a person may serve as a full-time law enforcement or tribal law enforcement officer on a probationary or temporary basis without successfully completing this training shall not exceed 2 years. Part-time officers must successfully complete the entire course in not more than 3 years. The total period during which a person may serve as a part-time law enforcement or tribal law enforcement officer on a probationary or temporary basis without successfully completing this training shall not exceed 3 years. For purposes of this section, a part-time law enforcement or tribal law enforcement officer is a law enforcement or tribal law enforcement officer who routinely works not more than one-half of the normal annual work hours of a full-time employee of the employing agency or unit of government.

(d) The law enforcement code of ethics, as set forth below, shall be administered as an oath to all trainees during the preparatory course.

1. AS A LAW ENFORCEMENT OFFICER, my fundamental duty is to serve humanity; to safeguard lives and property; to protect the innocent against deception, the weak against oppression or intimidation, and the peaceful against violence or disorder; and to respect the Constitutional rights of all persons to liberty, equality and justice.

2. I WILL keep my private life unsullied as an example to all; maintain courageous calm in the face of danger, scorn, or ridicule; develop self-restraint; and be constantly mindful of the welfare of others. Honest in thought and deed in both my personal and official life, I will be exemplary in obeying the laws of the land and the regulations of my department. Whatever I see or hear of a confidential nature or that is confided to me in my official capacity will be kept ever secret unless revelation is necessary in the performance of my duty.

3. I WILL never act officiously or permit personal feelings, prejudices, animosities or friendships to influence my decisions. With no compromise for crime and with relentless prosecution of criminals, I will enforce the law courteously and appropriately without fear or favor, malice or ill will, never employing unnecessary force or violence and never accepting gratuities.

4. I RECOGNIZE the badge of my office as a symbol of public faith, and I accept it as a public trust to be held so long as I am true to the ethics of the police service. I will constantly strive to achieve these objectives and ideals, dedicating myself to my chosen profession....law enforcement.

(2) Minimum standards for jail and secure detention officer preparatory training shall be as follows:

(a) A minimum of 120 hours of preparatory training shall be successfully completed by a jail or secure detention officer recruit before that recruit may be certified as eligible for permanent appointment. The subjects and minimum number of hours for each subject to be covered in this preparatory training shall be determined by the board. The instructional goals may be changed by the board as the need becomes apparent due to technological changes affecting jail or secure detention administration, current problems involving the public welfare or additional recommendations made by the advisory curriculum committee identified in s. LES 3.02. Instructional goals for the 120 hour preparatory training course approved by the board are identified in s. LES 3.04.

(b) Trainees shall obtain passing grades of at least 70% or its lettered equivalent in written examinations in all subjects with the exception of competency-based subjects for which there are board approved examination checklists. For the competency-based subjects, trainees must demonstrate their achievement of training objectives to the satisfaction of board certified instructors.

(c) Each recruit shall successfully complete this training within his or her original probationary period. Under justifiable circumstances this period may be extended for a period not to exceed one year.

(3) It should be noted that the foregoing represents the minimum amount of training required. Additional preparatory training is strongly recommended where the employing authority is in a position to require it.

History

• Cr. Register, September, 1970, No. 177, eff. 10-1-70; am. (1) (a) Register, October, 1973, No. 214, eff. 11-1-73; am. (1) (c), Register, August, 1976, No. 248, eff. 9-1-76; am. (1) (intro.), (a) and (c), renum. (2) to be (3), cr. (2), Register, October, 1984, No. 346, eff. 11-1-84; correction in (1) (c) made under s. 13.93 (2m) (b) 5., Stats., Register, October, 1984, No. 346; correction in (1) (d) made under s. 13.93 (2m) (b) 5., Stats., Register, August, 1993, No. 452; am. (1) (intro.), (a) and (c), (2) (intro.) and (a); r. and recr. (1) (b), Register, November, 1997, No. 503, eff. 12-1-97.

Wis. Admin. Code § LES 3.02 Advisory curriculum committee {#sec-les-3.02 omnilex-key=us-wi-regs-official--agency-les--LES 3.02}

(1) The board shall appoint a 13 person advisory curriculum committee consisting of 6 chiefs of police and 6 sheriffs to be appointed on a geographic basis of not more than one chief of police and one sheriff from any one of the 8 state administrative districts together with the director of training of the Wisconsin state patrol. This committee will act in an advisory capacity in the establishment of the curriculum requirements.

(2) Membership of chiefs of police and sheriffs on this committee shall be for a period extending from January 1 of an odd numbered year to December 31 of the next even numbered year. The first 12 appointments are to run from the date of appointment to 12/31/1972. However, no member shall serve beyond the time when he or she ceases to hold the office or employment by reason of which he or she was initially eligible for appointment.

(3) The committee shall elect its own officers.

History

• Cr. Register, September, 1970, No. 177, eff. 10-1-70; correction in (1) and (2), made under s. 13.93 (2m) (b) 5., Stats., Register, October, 1984, No. 346.

Wis. Admin. Code § LES 3.03 Instructional goals {#sec-les-3.03 omnilex-key=us-wi-regs-official--agency-les--LES 3.03}

The board shall approve student performance objectives to reach the following instructional goals for preparatory law enforcement and tribal law enforcement training:

(1) Demonstrate professional orientation.

(2) Demonstrate defensive tactics.

(3) Demonstrate care and use of firearms.

(4) Demonstrate community awareness.

(5) Perform emergency medical services.

(6) Demonstrate knowledge of legal procedures.

(7) Operate patrol vehicles.

(8) Enforce traffic laws and conduct accident investigations.

(9) Perform patrol operations.

(10) Conduct investigations.

(11) Reach performance objectives for elective subjects.

(12) Follow administrative procedures.

History

• Cr. Register, February, 1981, No. 302, eff. 3-1-81; r. and recr., Register, November, 1997, No. 503, eff. 12-1-97.

Wis. Admin. Code § LES 3.04 Instructional goals {#sec-les-3.04 omnilex-key=us-wi-regs-official--agency-les--LES 3.04}

(1) The board shall approve student performance objectives to reach the following instructional goals:

(a) Instructional goals for preparatory jail officer training:

1. Receive introduction to corrections.

2. Maintain security.

3. Admit inmates to custody.

4. Prepare reports.

5. Supervise inmates.

6. Supervise special inmates.

7. Supervise juvenile inmates.

8. Apply correctional law.

9. Discipline inmates.

10. Assist health care program.

11. Assist fire safety program.

12. Assist cleanliness, sanitation and food services.

13. Manage personal stress.

14. Release inmates from custody.

(b) Instructional goals for secure detention officer preparatory training:

1. Receive introduction to detention operations.

2. Maintain security.

3. Admit and release juveniles.

4. Prepare reports.

5. Supervise juveniles.

6. Discipline and control juveniles.

7. Apply legal requirements.

8. Assist fire safety program.

9. Assist health care program.

10. Manage personal stress.

History

• Cr. Register, October, 1984, No. 346, eff. 11-1-84; r. and recr. (1) (c), Register, August, 1993, No. 452, eff. 11-29-93; r. and recr., Register, November, 1997, No. 503, eff. 12-1-97.

Wis. Admin. Code § LES 3.05 Waiver of training requirements for recertification {#sec-les-3.05 omnilex-key=us-wi-regs-official--agency-les--LES 3.05}

(1) After receiving the recommendations of the director of the bureau, the board will determine waivers of training.

(2) Newly employed law enforcement or tribal law enforcement officers who were either grandfathered into the board’s program or who have already been certified by the board or newly employed jail or secure detention officers who have already been certified by the board, who have been out of law enforcement, tribal law enforcement, jail or secure detention employment in Wisconsin for a period of 2 years or less and left voluntarily with a good record may be recertified without additional training.

(3) Newly employed law enforcement or tribal law enforcement officers who were either grandfathered into the board’s program or who have already been certified by the board or newly employed jail or secure detention officers who have already been certified by the board and who have been out of law enforcement, tribal law enforcement, jail or secure detention employment in Wisconsin for a period of over 2 years but not more than 3 years and who left voluntarily with a good record may be recertified upon successful completion of the contingency law enforcement, jail or secure detention officers training course. An equivalency examination with a grade of 70% or above may be substituted for any portion of said course the board deems appropriate.

(4) Newly employed law enforcement or tribal law enforcement officers who were either grandfathered into the board’s program or who have already been certified by the board and newly employed jail or secure detention officers who have already been certified by the board and who have been out of law enforcement, tribal law enforcement, jail or secure detention employment in Wisconsin for a period of over 3 years may be recertified upon successful completion of the basic preparatory course for law enforcement officers or successful completion of the basic preparatory course for jail or secure detention officers. This rule may be varied by board action on an individual basis with appropriate recommendation from the bureau.

(5) A law enforcement, tribal law enforcement, jail or secure detention officer who has been certified or grandfathered into the system of another state, who left law enforcement, tribal law enforcement, jail or secure detention officer employment voluntarily with a good record and who has been out of that employment for 3 years or less shall be required to successfully complete the contingency law enforcement, jail or secure detention officer’s training course. An equivalency examination with a grade of 70% or above may be substituted for any portion of said course the board deems appropriate.

(6) A law enforcement, tribal law enforcement, jail or secure detention officer previously certified or grandfathered by another state, who left law enforcement, tribal law enforcement, jail or secure detention employment voluntarily with a good record, and who has been out of that employment over 3 years shall be required to successfully complete the appropriate basic preparatory course for his or her specialty. The board may establish such other requirements it deems appropriate on an individual basis.

(7) The board shall consider on an individual, case-by-case basis, the waiver request of any person who has previously worked as a law enforcement, tribal law enforcement, jail or secure detention officer but has not been certified or grandfathered in Wisconsin or any other state.

(8) There shall be no recognition of the status of grandfathered jail or secure detention officers, and any newly employed jail or secure detention officer who had previously been considered grandfathered into the board system may only be recertified upon completion of the preparatory course for jail or secure detention officers.

(9) The exact curriculum for the law enforcement, tribal law enforcement, jail or secure detention officer’s contingency program shall be designated by the board.

History

• Cr. Register, February, 1991, No. 422, eff. 3-1-91; am. (2) to (9), Register, November, 1997, No. 503, eff. 12-1-97.

Wis. Admin. Code § LES 3.06 Additional orientation {#sec-les-3.06 omnilex-key=us-wi-regs-official--agency-les--LES 3.06}

Recommended additional recruit officer orientation by the employing agency should consist of each of the following subjects for a total of at least 120 hours:

(1) Departmental policies, rules and regulations and local ordinances.

(2) Firearms (familiarization with local weaponry and additional practice to improve proficiency with sidearm).

(3) Field training (with supervisor or coach).

History

• Cr. Register, February, 1981, No. 302, eff. 3-1-81; renum. from LES 3.04, Register, October, 1984, No. 346, eff. 11-1-84; renum. from LES 3.05, Register, February, 1991, No. 422, eff. 3-1-91.

Wis. Admin. Code § LES 3.07 Law enforcement pursuit standards and related training {#sec-les-3.07 omnilex-key=us-wi-regs-official--agency-les--LES 3.07}

(1) Model standards for initiating, continuing and terminating police pursuit. The following model advisory standards may be used by any law enforcement agency to determine whether to initiate, continue or terminate police pursuit:

(a) Initiation of pursuits. A law enforcement officer in an authorized vehicle may initiate a police pursuit when the subject of the police pursuit is attempting to avoid apprehension.

(b) Continuation of pursuits. In determining whether or not to continue a police pursuit that has been justifiably initiated, a law enforcement officer should consider the following factors:

1. Whether continuation of the pursuit would likely create a danger to the public, officer or subject which is apparently greater than the value of apprehending the subject, due to such factors as, but not limited to, road conditions, weather conditions, density of population, severity of the crime and necessity of pursuit by vehicle.

2. Whether the vehicle’s registration or the subject’s identity has been established so that later apprehension may be accomplished and, in the officer’s opinion, there is no apparent continuing need for immediate apprehension.

(c) Termination of pursuits. A law enforcement officer should terminate a police pursuit under any of the following conditions:

1. When a supervisor orders termination.

2. When the continuing distance between the pursuing and fleeing vehicles is such that further pursuit is futile.

3. When the location of the pursued vehicle is unknown.

4. When the officer’s vehicle or emergency equipment malfunctions.

5. When it is necessary to stop to render aid to one or more injured persons and no other unit is available to do so.

(2) Model standards for police pursuit driving techniques. The following model advisory standards for police pursuit driving techniques may be used by any law enforcement agency. An officer engaged in a police pursuit should do all of the following:

(a) Adhere to and apply all of the emergency vehicle driving techniques that the officer has been taught.

(b) Assess and reassess weather, roadway and traffic conditions throughout the duration of the pursuit and make changes in speed and following distance where appropriate.

(c) Consider and apply the officer’s knowledge of the capabilities and limitations of his or her vehicle.

(d) Consider and apply the officer’s knowledge of his or her individual abilities and limitations.

(e) Establish a position on the roadway and maintain sufficient maneuvering room to allow the officer to see and react to what may appear ahead.

(f) Maintain visual contact with subject of the pursuit and be alert to clues as to what the subject may do next.

(g) Be alert and prepared for road and traffic conditions that favor the subject of the pursuit.

(h) Try to end the pursuit as quickly as possible, while considering safety and using maximum caution.

(i) Remain alert for possible dangers, including the reactions of other drivers, and drive professionally, with good judgment and an awareness of the risks being taken.

(3) Curriculum for preparatory training in police pursuit standards, guidelines and driving techniques. Preparatory law enforcement officer training under s. 165.85 (4) (b) 1., Stats., shall include all of the following:

(a) At least 8 hours of classroom training in emergency vehicle operations.

(b) At least 20 hours of behind the wheel training focusing on specific emergency maneuver skills and techniques.

(c) At least 4 hours of training in decision-making regarding police pursuits and the conduct of police pursuits, including all of the following subjects:

1. Initiating, continuing and terminating police pursuit under sub. (1).

2. Police pursuit driving techniques under sub. (2).

3. Law enforcement agency pursuit guidelines established under s. 346.03 (6), Stats.

(4) Curriculum for annual recertification training in police pursuit standards, guidelines and driving techniques. Law enforcement officer recertification training under s. 165.85 (4) (a) 7. a., Stats., shall include at least 4 hours of training biennially in police pursuit standards, guidelines and driving techniques. This training shall include reference to law enforcement agency pursuit guidelines established under s. 346.03 (6), Stats. Training may also include review, for policy development, of applicable research and new technology or training in other subjects related to police pursuits as determined by sheriffs, chiefs of police or other commanding officers.

(5) Approved training manuals. Law enforcement officer training manuals entitled “Use Pursuit Guidelines” and “Use Emergency Vehicle Driving Techniques” are approved by the board. Preparatory law enforcement officer training under s. 165.85 (4) (a) 1., Stats., and recertification training under s. 165.85 (4) (a) 7. a., Stats., may include achievement of student performance objectives for police pursuit standards, guidelines and driving techniques included in these approved manuals.

History

• CR 99-115: cr. Register August 2001 No. 548 eff. 9-1-01; correction in (4), (5) made under s. 13.92 (4) (b) 7., Stats., Register March 2017 No. 735.

Chapter LES 4 CERTIFICATIONS

Wis. Admin. Code § LES 4.01 Certifications {#sec-les-4.01 omnilex-key=us-wi-regs-official--agency-les--LES 4.01}

The following certifications shall be made by the board on the basis of information to be acquired on forms designed by the bureau and approved by the board. Where necessary or deemed advisable, additional information may be acquired through personal inquiry. All board decisions are subject to appeal by any interested party.

(1) Schools shall be certified on the basis of adequacy of facilities and competency of staff and faculty. Where the school is a permanent or on-going unit, the certification shall be for a period of 2 years, subject to renewal.

(2) Instructors.

(a) Any person who participates as an instructor in a preparatory course or in an instructor course or who employs a training guide approved by the board shall be certified by the board.

(b) All existing instructor certificates shall expire on March 1, June 1, September 1, or December 1, 2001 based on the March, June, September or December date of initial certification by the board. All certifications held by an instructor shall expire on the same date. Rules of recertification shall apply to instructor recertifications in the year 2001.

(c) The board shall certify persons to be new instructors as outlined in s. LES 4.02. It shall authorize persons to be professional instructors as outlined in s. LES 4.03. Instructor certifications shall be granted on the basis of documented qualifications of experience, education, and training in accord with the requirements of this section.

(d) The board may deny, suspend, or revoke an instructor’s certification or authorization when the board finds that the person:

1. Has failed to meet the board’s requirements for certification or professional authorization;

2. Has failed to remain knowledgeable and current in the instructional area of expertise;

3. Has failed to meet reasonable instructional standards and practices.

(e) Upon a written request a person aggrieved by the determination of the board relative to non-certification, or revocation of certification as a certified instructor, shall be entitled to a hearing as provided in ch. 227, Stats.

(3) Trainees. Trainees shall be certified as eligible for permanent appointment when they have met the recruitment qualifications and recruit training standards for law enforcement, tribal law enforcement, jail or secure detention officers as determined by information received from the employing authorities and training schools concerned.

History

• Cr. Register, September, 1970, No. 177, eff. 10-1-70; am. (1) (c), Register, October, 1984, No. 346, eff. 11-1-84; r. and recr. (1) (b), Register, June, 1990, No. 414, eff. 7-1-90; correction made under s. 13.93 (2m) (b) 1., Stats., Register, August, 1993, No. 452; am. (1) and (3), Register, November, 1997, No. 503, eff. 12-1-97; am. (intro.), (2) (a), (c) and (d), r. and recr. (2) (b), Register, December, 1999, No. 528, eff. 1-1-00.

Wis. Admin. Code § LES 4.02 New instructor {#sec-les-4.02 omnilex-key=us-wi-regs-official--agency-les--LES 4.02}

(1) New instructor certification. Certification issued in this category on or after September 9, 1999, shall be approved for qualified persons who instruct a preparatory course or an instructor course or who employ training guides approved by the board. To qualify for new instructor certification, an applicant shall demonstrate to the satisfaction of the board, a combination of education, occupational experience and proficiency in the instructional process. Applicants shall meet the following minimum qualifications for new instructor certification:

(a) Any person who has been certified as an instructor by the Wisconsin technical college system under ch. TCS 3, administrative rules of the Wisconsin technical college system, and has completed an approved teaching methods course and other specialized instructor training designated by the board shall be certified by the board. A copy of the instructor certificate issued by the state technical college system, along with evidence of completion of an approved teaching methods course and other specialized instructor training designated by the board, shall be forwarded by the applicant to the board; and upon receipt of the documents, the board shall certify the applicant.

(b) Any applicant who has not been certified as an instructor by the Wisconsin technical college system shall present documentary evidence showing that the applicant has successfully completed a teaching methods course approved by the board and any other specialized instructor training designated by the board. In addition:

1. Any applicant requesting certification to teach any portion of the jail or secure detention preparatory course or to employ board approved training guides, shall at a minimum, show evidence of obtaining a high school degree or of obtaining a high school equivalency diploma from the state of Wisconsin or its equivalent from another state and has acquired 3 years of occupational experience as a certified jail officer or as an administrator or specialist in a field directly related to the subject for which he or she requests certification to instruct; or,

2. Any applicant requesting certification to teach any portion of the board approved law enforcement and tribal law enforcement preparatory course or instructor course or to teach from board approved training guides, shall show evidence of being awarded an associate degree or 60 college credits and as having acquired 3 years of occupational experience as a certified law enforcement officer or as an administrator or specialist in a field directly related to the subject for which he or she requests certification.

(2) Term of certification. The term of certification of a new instructor is 3 years from the date of board approval. If a certified instructor receives additional board certification, the term of subsequent certification shall be for the balance of the initial certification period.

(3) Renewal of instructor certification. A certificate may subsequently be renewed by the board for 3 year periods. The application for renewal shall provide documentary evidence indicating the applicant has continued occupational or related educational experience in any of the fields of practice for which recertification is sought during the previous 3 year period.

(a) Proof that the applicant has instructed each course for which recertification is sought at least twice within the 3 year period preceding the application for renewal.

(b) A favorable written recommendation from a director of a certified or approved school for whom the applicant has taught or from the chief law enforcement officer of a department for whom the applicant has taught; or a favorable evaluation by a board or bureau member based on on-site classroom evaluation of a presentation by the applicant during the previous 3 year period of instructor certification.

(c) Proof the applicant has completed all specialized training requirements related to any subjects for which recertification is sought as required by the board.

History

• Cr. Register, June, 1990, No. 414, eff. 7-1-90; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1993, No. 452; am. (1) (a), Register, November, 1997, No. 503, eff. 12-1-97; am. (1) (intro.), (a), (b) 1. and 2., r. (1) (b) 3. and (3), r. and recr. (2), renum. (4) to be (3) and am., cr. (3) (c), Register, December, 1999, No. 528, eff. 1-1-00.

Wis. Admin. Code § LES 4.03 Specific skills instructor {#sec-les-4.03 omnilex-key=us-wi-regs-official--agency-les--LES 4.03}

(1) Professional instructor authorization. A person holding a valid license issued by the state of Wisconsin or, if approved by the board, a comparable license issued by another state, may instruct in subjects in the general professional area covered by the license. The board shall determine which subjects shall be taught by an authorized professional instructor.

(a) A legal subject related to constitutional law shall be instructed only by an attorney.

(b) First responder emergency medical training may be instructed only by a medical doctor, a registered nurse, a physician’s assistant, an emergency medical technician, a paramedic or a person who meets Wisconsin department of health services requirements as a first responder instructor.

(c) Cardio pulmonary resuscitation training shall be instructed by a person authorized to instruct first responder emergency medical training under (b) or by a person who has received instructor certification by the American Red Cross or by the American Heart Association.

(2) Terms and conditions of specific skills instructor certification. The term of certification as a specific skills instructor is 3 years from the date the board issues a certificate. A certificate may subsequently be renewed by the board for 3 year periods. In addition to the requirements listed in s. LES 4.01, the application for renewal shall contain documentary evidence indicating the applicant has remained active as an instructional or occupational practitioner or both during the previous 3 year period. Evidence shall include, at a minimum, the following:

(a) Proof the applicant has, within the 3 year period preceding application for renewal, instructed a minimum of 8 hours in a board or bureau approved training course; and proof the applicant has, within the 3 year period of his or her certification, successfully completed special retraining requirements as set forth in sub. (1); and a favorable written recommendation from a school director or chief administrative officer of a law enforcement agency for whom the instructor has conducted training; or a favorable evaluation by a board or bureau member based on on-site evaluation of a presentation by the instructor during the 3 year period of specific skills instructor certification.

History

• Cr. Register, June, 1990, No. 414, eff. 7-1-90; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1993, No. 452; r. and recr. (1), Register, December, 1999, No. 528, eff. 1-1-00; correction in (1) (b) made under s. 13.92 (4) (b) 6., Stats., Register April 2013 No. 688.

Wis. Admin. Code § LES 4.04 Authority of board to modify requirements for certification {#sec-les-4.04 omnilex-key=us-wi-regs-official--agency-les--LES 4.04}

The board shall have authority to hear the request of any agency or instructor on a case-by-case basis and to waive or to modify instructor certification requirements.

History

• Cr. Register, June, 1990, No. 414, eff. 7-1-90; renum. from LES 4.05, Register, December, 1999, No. 528, eff. 1-1-00.

Wis. Admin. Code § LES 4.05 Need for certified primary instructor {#sec-les-4.05 omnilex-key=us-wi-regs-official--agency-les--LES 4.05}

There may be more than one instructor in a course however only one instructor need be certified. Other instructors assisting the certified instructor shall be determined by the law enforcement coordinator or law enforcement administrator to be sufficiently qualified to contribute to the class. No class shall be conducted without the certified instructor in the classroom or location where classes are held.

History

• Cr. Register, June, 1990, No. 414, eff. 7-1-90; renum. from LES 4.06, Register, December, 1999, No. 528, eff. 1-1-00.

Wis. Admin. Code § LES 4.06 Guest instructors {#sec-les-4.06 omnilex-key=us-wi-regs-official--agency-les--LES 4.06}

Schools may use guest instructors with unique qualifications otherwise not available from certified instructors. Those guest instructors shall have generally accepted credentials, statewide or nationally, in the specific subject of their instruction.

History

• Cr. Register, June, 1990, No. 414, eff. 7-1-90; renum. from LES 4.08 and am., Register, December, 1999, No. 528, eff. 1-1-00.

Wis. Admin. Code § LES 4.07 Substitute instructors {#sec-les-4.07 omnilex-key=us-wi-regs-official--agency-les--LES 4.07}

In an emergency, based on illness or unavailability of the scheduled instructor, schools may substitute instructors they feel to be competent in the area of instruction without prior approval.

History

• Cr. Register, June, 1990, No. 414, eff. 7-1-90; renum. from LES 4.09 and am., Register, December, 1999, No. 528, eff. 1-1-00.

Wis. Admin. Code § LES 4.08 Emergency medical certificates {#sec-les-4.08 omnilex-key=us-wi-regs-official--agency-les--LES 4.08}

The board may accept as satisfactory the qualifications of any person who meets Wisconsin technical college system certification requirements to instruct a cardio pulmonary resuscitation course or other medical-related subjects in a preparatory course or an instructor course or from training guides approved by the board.

History

• Cr. Register, June, 1990, No. 414, eff. 7-1-90; renum. from LES 4.10 and am., Register, December, 1999, No. 528, eff. 1-1-00.

Chapter LES 5 GRANTS

Wis. Admin. Code § LES 5.01 Grants {#sec-les-5.01 omnilex-key=us-wi-regs-official--agency-les--LES 5.01}

(1) Political subdivisions shall be eligible for reimbursement of the allowable tuition, living and travel expenses incurred by officers who satisfactorily complete preparatory training in schools certified by the board. Reimbursement of those expenses shall be on a uniform basis as follows:

(a) Expenses listed in sub. (1) for up to 400 hours of preparatory law enforcement training.

(b) Expenses listed in sub. (1) for up to 120 hours of preparatory jail or secure detention training. Full salary expenses including allowable fringe benefit expenses shall be reimbursed in addition to expenses listed in sub. (1) for the last 24 hours of preparatory jail or secure detention training.

(2) Political subdivisions shall receive reimbursement in the amounts listed in sub. (1) upon meeting the following conditions:

(a) Successful completion of the entire 400 hour preparatory law enforcement course by full-time law enforcement or tribal law enforcement officers or of blocks of instruction from the preparatory law enforcement course by part-time law enforcement or tribal law enforcement officers at board certified schools by officers for whom reimbursements are claimed.

(b) Successful completion of the entire 120 hour preparatory jail or secure detention course by full-time jail or secure detention officers or of blocks of instruction from the preparatory jail or secure detention course by part-time jail or secure detention officers at board certified schools by officers for whom reimbursements are claimed.

(3) Political subdivisions shall be eligible for reimbursement of at least $160 for approved expenses incurred by each law enforcement, jail or secure detention officer who completes at least 24 hours of annual recertification training. Reimbursement shall be based on training received from board certified instructors.

(4) Law enforcement, tribal law enforcement, jail or secure detention recruit officers enrolled in the preparatory course may not be utilized by their employing agencies, except for emergency situations, on any day during which the recruit completes 8 hours of training.

History

• Cr. Register, September, 1970, No. 177, eff 10-1-70; am. (2), Register February, 1971, No. 182, eff. 3-1-71; am. (1) (a) 1. Register, April, 1973, No. 208, eff. 5-1-73: am (3), Register, October, 1973, No. 214, eff. 11-1-73; r. and recr. Register, October, 1974, No. 226, eff. 11-1-74; am. (1) (b), Register, July, 1975, No. 235, 8-1-75; r. and recr. Register, October, 1984, No. 346, eff. 11-1-84; r. and recr., Register, November, 1997, No. 503, eff. 12-1-97.

Chapter LES 6 DECERTIFICATIONS

Wis. Admin. Code § LES 6.01 Decertifications {#sec-les-6.01 omnilex-key=us-wi-regs-official--agency-les--LES 6.01}

All jail, secure detention, law enforcement and tribal law enforcement basic training certificates issued by the board shall be subject to cancellation and recall upon decertification of the officer.

History

• Cr. Register, February, 1991, No. 422, eff. 3-1-91; am. Register, November, 1997, No. 503, eff. 12-1-97.

Wis. Admin. Code § LES 6.02 Decertification on termination of employment {#sec-les-6.02 omnilex-key=us-wi-regs-official--agency-les--LES 6.02}

(1) Upon the termination of employment of any law enforcement, tribal law enforcement, jail or secure detention officer, that officer’s certification shall be terminated until there is received by the bureau from a new employer the verification of employment standards form required by rules of the board. The board shall then determine the amount of training, if any, required of the officer for recertification. Recertification on a contingency basis shall be effective immediately upon receipt by the bureau of the verification of employment standards form from the officer’s new employer. Final recertification shall be effective upon action by the board upon completion by the officer of all requirements of the bureau for recertification.

(2) It shall be the responsibility of all law enforcement, tribal law enforcement and secure detention agencies to notify the director of the bureau of the termination of any law enforcement, tribal law enforcement, jail or secure detention officer. This notification shall be made regardless of the reason for the termination.

(3) Any officer decertified by reason of termination of his or her law enforcement, tribal law enforcement, jail or secure detention employment shall have the right to a hearing on the decertification.

History

• Cr. Register, February, 1991, No. 422, eff. 3-1-91; corrections made under s. 13.93 (2m) (b) 1. and 5., Stats., Register, August, 1993, No. 452; am., Register, November, 1997, No. 503, eff. 12-1-97.

Wis. Admin. Code § LES 6.03 Decertification by order of the board {#sec-les-6.03 omnilex-key=us-wi-regs-official--agency-les--LES 6.03}

The certification of any law enforcement, tribal law enforcement, jail or secure detention officer may be revoked by the board for failure to comply with a rule or order of the board relating to curriculum or training.

(1) Upon receipt of information which may permit decertification of an officer, the bureau shall make a preliminary investigation and verify all relevant facts. The bureau shall also advise the board at each of the board’s regularly scheduled meetings of the existence or status of any investigation in progress.

(2) The bureau shall complete its investigation of any decertification matter within 90 days of its original receipt of information.

(3) Subsequent to the completion of its investigation the bureau shall, at the next regularly scheduled meeting of the board, make a recommendation to the board regarding the certification status of that officer. The bureau may recommend:

(a) That no action be taken;

(b) That the officer complete certain training or take certain recommended actions within a prescribed time period, and that officer shall be decertified if the officer does not present the board with proof of compliance;

(c) That the officer be decertified until certain enumerated conditions are met;

(d) That the officer be decertified with the opportunity to reapply for certification as a new officer;

(e) Such other recommendation as the bureau may deem appropriate under the circumstances.

(4) The board shall, within 95 days of its receipt of the recommendation of the bureau, accept or reject said recommendation or take such other action it deems appropriate under the circumstances.

(5)

(a) If the board takes any action that changes the certification status of the officer the bureau shall promptly notify the officer and the chief administrative officer of the officer’s department of the board’s action. The bureau shall provide the officer and his or her chief administrative officer a copy of the allegations upon which the action was taken, and a copy of the bureau’s investigation and recommendation.

(b) Said notification shall be made by the bureau mailing to the chief administrative officer of the officer’s department via certified mail, return receipt requested, a copy of the board’s decision and the other documents provided for in these rules. The chief or someone designated by him or her shall serve a copy of said documents on the officer involved and shall return to the director of the bureau an affidavit of said service on a form to be provided by the bureau. If it is impossible to promptly serve said officer the chief shall notify the director of the bureau of that fact.

History

• Cr. Register, February, 1991, No. 422, eff. 3-1-91; corrections made under s. 13.93 (2m) (b) 1., Stats., Register, August, 1993, No. 452; am. (intro.), Register, November, 1997, No. 503, eff. 12-1-97.

Wis. Admin. Code § LES 6.04 Hearing on decertification {#sec-les-6.04 omnilex-key=us-wi-regs-official--agency-les--LES 6.04}

(1)

(a) It shall be assumed that the decision of the board is accepted by the officer and that the officer will comply therewith unless said officer requests of board, for a hearing on its decision. Said request for hearing shall be addressed to the director of the bureau and sent by certified mail, return receipt requested. To be effective, said request for hearing must be received by the director of the bureau within 15 days of the service upon said officer of the recommendation of the board. If requested, the hearing shall be held as soon as reasonably possible on a date agreed to by the parties but not to exceed 60 days after receipt of the officer’s request for hearing.

(b) All hearings shall be scheduled before the executive committee of the board.

(2) The decision of the executive committee shall be the decision of the board and shall have the same effect as a motion adopted by said board.

(3) All hearings shall be held according to procedures established by the board and published in the policies and procedures manual of said board. All of said procedures shall give appropriate consideration to due process and shall be in conformity with ch. 227, Stats.

(4) The board shall, for any proceeding held hereunder, have the power of subpoena as provided by statute and the board shall also issue subpoenas at the request of the officer involved to give him or her equal ability to obtain information and compel witnesses to testify.

History

• Cr. Register, February, 1991, No. 422, eff. 3-1-91; correction made under s. 13.93 (2m) (b) 5., Stats., Register, August, 1993, No. 452.

Chapter LES 9 BY-LAWS OF THE WISCONSIN LAW ENFORCEMENT STANDARDS BOARD

Wis. Admin. Code § LES 9.01 Membership {#sec-les-9.01 omnilex-key=us-wi-regs-official--agency-les--LES 9.01}

(1) The board shall consist of 14 members chosen or appointed in accordance with the provisions of the act.

(2) Each member of the board shall take and file the official oath prior to assuming office.

(3) The attorney general is one of the ex-officio members of the board. The act states that the attorney general may designate a member of his or her staff to represent the attorney general. If the attorney general chooses a designee, the attorney general shall advise the chairperson of the board in writing of the designee’s identity. This designee may then vote and shall be counted in determining whether a quorum is present. Any other board member who is unable to attend a board meeting may send a representative to present the absent member’s views at the meeting. However, such a representative may not vote, and shall not be counted in determining a quorum.

History

• Cr. Register, September, 1970, No. 177, eff. 10-1-70; correction in (3), made under s. 13.93 (2m) (b) 5. Stats., Register, October, 1984, No. 346.

Wis. Admin. Code § LES 9.02 Officers {#sec-les-9.02 omnilex-key=us-wi-regs-official--agency-les--LES 9.02}

(1) The board shall elect a chairperson and a vice-chairperson. These officers shall be elected for terms of 12 months, and shall be eligible for re-election. The vice-chairperson shall act as chairperson in the absence of the chairperson. Voting shall be by secret ballot unless there is only one nomination for the office to be filled. To be elected, a candidate must receive a majority of the votes cast.

(2) The act provides that the administrator of the division of law enforcement services of the department of justice shall be the non-voting secretary of the board.

History

• Cr. Register, September, 1970, No. 177, eff. 10-1-70.

Wis. Admin. Code § LES 9.03 Meetings {#sec-les-9.03 omnilex-key=us-wi-regs-official--agency-les--LES 9.03}

(1) The board shall meet quarterly on the first Tuesday of March, June, September and December of each year, and may meet at other times on the call of the chairperson or a majority of its total voting membership. The location of each meeting shall be determined by the chairperson or a vote of the board.

(2) A quorum shall be necessary to conduct the business of the board at board meetings. A quorum shall be duly constituted when a majority of voting members is present.

(3) The rules contained in “Robert’s Rules of Order Revised” shall generally govern the board in its operations subject to such modifications as the chairperson and a majority of a quorum may deem necessary, or advisable, to the effective disposal of the board’s business.

History

• Cr. Register, September, 1970, No. 177, eff. 10-1-70.

Wis. Admin. Code § LES 9.04 Executive committee {#sec-les-9.04 omnilex-key=us-wi-regs-official--agency-les--LES 9.04}

(1) The executive committee shall consist of the chairperson, the vice-chairperson, and 3 other members of the board to be appointed by the chairperson. The secretary shall also be included, in a nonvoting capacity.

(2) The executive committee shall meet upon the call of the chairperson or the secretary for the purpose of considering matters which require immediate action. The executive committee shall be empowered to take necessary action on behalf of the board in such situations provided that such action does not effect any change in the overall policies or the rules and regulations of the board.

(3) A quorum shall be necessary to conduct business at executive committee meetings.

(4) A quorum shall be duly constituted when 3 voting members of the committee are present.

History

• Cr. Register, September, 1970, No. 177, eff. 10-1-70.

Wis. Admin. Code § LES 9.05 Staffing procedures {#sec-les-9.05 omnilex-key=us-wi-regs-official--agency-les--LES 9.05}

(1) The act provides that the division of law enforcement services shall supply the staffing needs of the board. To meet the staffing responsibilities thus created by the act, there has been established in the division of law enforcement services, a training and standards bureau. In connection with this responsibility, the administrator of the division of law enforcement services, who, by the provisions of the act, is secretary of the board, shall:

(a) Attend all meetings of the board and executive committee. If circumstances beyond his or her control prevent this, the administrator shall designate an employe of the bureau to attend on his or her behalf.

(b) Arrange for the recording and permanent maintenance of the minutes of all board meetings and all executive committee meetings.

(c) Provide a copy of the minutes of each board meeting and each executive committee meeting to each member of the board.

(d) Provide a copy of the agenda for each regular meeting to each board member at least one week prior to the date of each regular board meeting.

(e) Make periodic reports to the board on the activities of the bureau in connection with programs based upon the board’s established standards and recommendations.

(f) Arrange for such other staffing procedures as may be required for the effective functioning of the board.

History

• Cr. Register, September, 1970, No. 177, eff. 10-1-70; correction in (1) (a) made under s. 13.93, (2m) (b), 5., Stats., Register, October, 1984, No. 346.

Wis. Admin. Code § LES 9.06 Rules {#sec-les-9.06 omnilex-key=us-wi-regs-official--agency-les--LES 9.06}

(1) The board shall, by majority vote of the total voting membership of the board, establish or modify the rules setting forth the standards and requirements deemed necessary to the establishment of its program and the achievement of its program responsibilities.

(2) These rules shall then be published in the Wisconsin Administrative Code under the procedures set out in ch. 227, Stats.

History

• Cr. Register, September, 1970, No. 177, eff. 10-1-70.