MINUTES

LAW ENFORCEMENT TRAINING STUDY COMMITTEE

November 27, 1996 - First and Only Meeting

MEMBERS PRESENT

Senator Randal Giannetto, Co-chairperson
Representative Teresa Garman, Co-chairperson
Senator Richard Drake
Senator Donald Gettings
Representative Paul Bell
Representative Beverly Nelson

MEETING IN BRIEF

Minutes prepared by Ed Cook, Legal Counsel
Organizational staffing by Kathy Hanlon, Research Analyst

Procedural Business.
Law Enforcement Associations.
Law Enforcement Agencies.
Alternative Law Enforcement Training.
Law Enforcement Training Survey Results.
Committee Recommendations.
Written Materials Filed with the Legislative Service Bureau.

COMMITTEE BUSINESS

1. Procedural Business.

Call to Order. The Law Enforcement Training Study Committee was called to order by Temporary Co-chairperson Senator Randal Giannetto at 10:03 a.m., Wednesday, November 27, 1996, in Room 116, State Capitol, Des Moines, Iowa.

Preliminary Business. Upon motion and unanimous vote, Senator Randal Giannetto and Representative Teresa Garman were elected co-chairpersons of the Committee. The proposed rules were also adopted by the Committee.

Adjournment. The meeting recessed for lunch at 12:10 p.m., reconvened at 12:55 p.m., and adjourned at 2:00 p.m.

2. Law Enforcement Associations.

Iowa Police Executive Forum. Chief Stanley Rowe, Burlington Police Department, on behalf of the Iowa Police Executive Forum, made the following remarks concerning law enforcement training in Iowa:

Centralized Training. A strong training academy, such as the Iowa Law Enforcement Academy (ILEA), needs to be maintained and should have curriculum and certification control over all training in the state whether or not the training is conducted by the academy. The ILEA could provide skills training and allow more academic subjects to be taught by the community colleges.
Funding. The ILEA should be funded completely by the state. A portion of the surcharge on citations could be redirected to the Academy with $1 million of surcharge collections per year for two years allocated for infrastructure and training equipment needs at the Academy. Currently, the 30 percent surcharge generates about $6 million annually.
Recruits Pay. Training costs should be charged to the recruit on a proportional basis for each quarter year of service less than four years the recruit works for the agency that paid the initial training costs. No costs would be assessed if the recruit serves at least four years with the initial hiring agency.
Certification Requirements for Out-of-state Applicants. Law enforcement officers entering the state with at least five years of service should only be required to pass the current short test to obtain certification in the state. In addition, hiring jurisdictions alone should have the authority to require law enforcement officers entering the state for executive level positions to meet the same physical standards as for other new officers.
Regional Testing. Regional physical agility tests should be permitted and conducted by ILEA certified persons.
Extend Probationary Period. Authorize hiring agencies to add, at their discretion, six months to the current 12-month probationary period for new officers.
In-service Instruction and the ICN. The ILEA should monitor all in-service training and seek to provide instruction quarterly through the Iowa Communications Network (ICN).
Iowa State Sheriffs' and Deputies' Association. Sheriff Mike Bladel, Scott County Sheriff; Sgt. John Pershang, Blackhawk County Sheriff's Office; and Sheriff Ted Kamatchus, Marshall County Sheriff's Office, speaking on behalf of the Iowa State Sheriffs' and Deputies' Association, made the following comments:
Change Unnecessary. The ILEA's statewide training system works well and does not need significant change. Iowa certification is recognized nationally. Entry-level education requirements for ILEA should not be changed. The critical importance of consistent, well-monitored training argues against further de-centralization of law enforcement training. The Minnesota system of decentralized training prior to hiring of an officer has not worked well and has created a glut of trained officers without jobs and additional costs for curriculum oversight functions.
Training Costs. The cost of basic entry law enforcement training should not be borne by candidates employed by a law enforcement agency. Requiring recruits to pay could reduce the pool of eligible and qualified candidates. However, if non-employed candidates are admitted to the ILEA, they should pay.
Expense Recovery. The state should establish stronger rules governing the recovery of a department's training and wage expenses accrued when a recruit is sent to the ILEA and, after certification, accepts a position with another law enforcement agency. The gaining agency could be required to pay a portion of the training expenses accrued by the initial hiring agency. In addition, the state's Law Enforcement Officer Training Reimbursement Fund is inadequately funded to meet present agency needs.
Community College Role. If the committee elects to modify the role of community colleges in the education and certification of new officers, the Association recommends restructuring the ILEA basic training course by dividing it into basic education classes and skills training. Then, allow new officers to obtain credit for the general education portion of the training through testing by ILEA. Those officers exempted from the ILEA basic education classes could begin their training at ILEA with the skills portion of the training.

Iowa Association of Chiefs of Police and Peace Officers. Chief Michael Birmingham of the Grinnell Police Department, speaking for the Iowa Association of Chiefs of Police and Peace Officers, provided members with the following observations:

Maintain Quality. Law enforcement training in Iowa has a good national reputation. Decentralized training and other changes to the current system are valid so long as the quality of training and standards are maintained and ILEA maintains oversight control.
Broader Recruit Pool. Basic law enforcement skills training should be available to any law enforcement applicant who has completed the necessary academic training and has successfully passed all prehire testing, including background checks.
Extend Training Period. The length of law enforcement skills training should be expanded with the applicant bearing the additional training costs.
Requirements for Out-of-state Applicants. Out-of-state applicants for executive level law enforcement positions should be given some latitude regarding the standards required for certification as a law enforcement officer in Iowa.

3. Law Enforcement Agencies.

Iowa Department of Transportation. Lt. Dave Lorenzen, Motor Vehicle Enforcement of the Iowa Department of Transportation (IDOT), spoke in support of the training provided by ILEA. However, he noted that IDOT has implemented a field training program for new recruits prior to the recruits receiving training at the ILEA. This program, he said, provides insight to IDOT regarding the new recruits and has reduced the turnover rate by providing the recruits with information about the job.
The IDOT supports allowing a person, at their own expense and without relaxing current requirements, to obtain law enforcement certification prior to hiring, he said. He also indicated support for extending the probation period.

Decorah City Police Department. Chief Ben Wyatt of the Decorah City Police Department proposed consideration of an enhanced educational background requirement for all law enforcement officers to alleviate the current disparity in the quality of officers. He also recommended better utilization of and collaboration with Iowa's colleges.
He suggested that the Minnesota POST (Minnesota Board of Peace Officer Standards and Training) system has reduced the disparity in the quality of law enforcement officers in the state. Arguments that prehire training will result in a glut of officers without employment are without merit, and he further observed that the situation is no different than in other professions.
He noted that although the training costs could be borne by the recruit in order to lessen costs, the biggest cost concern for departments is the requirement that the hiring department pay a recruit a salary while the recruit trains at ILEA.

Muscatine Police Department. Chief Gary Coderoni of the Muscatine Police Department provided the Committee with the following suggestions and observations:

Social Skills Training. Police officer training should stress communication and interpersonal skills with less emphasis on a military-based model of policing.
Testing and Training Costs. Costs for testing potential recruits, such as medical, psychological and physical fitness tests, should be borne by the recruit, with a waiver for those living at the poverty level. Smaller law enforcement agencies need some ability to recoup training costs when one of their officers leaves soon after receiving training. Smaller agencies also may need financial assistance if the length of training is increased.
Regional Training. Maintaining a strong ILEA is beneficial but regional training with ILEA oversight and instructors should be encouraged. The ILEA needs to be more flexible in its relationship with the other training academies.
Academy Needs. A continuing and uninterruptable source of money for academy training costs needs to be identified. Academy training needs to be continually monitored and updated.
Career-long Psychological Testing. Expanded use of psychological testing of law enforcement officers throughout their career needs to be implemented.

4. Alternative Law Enforcement Training.

Des Moines Police Academy. Capt. Jack Morton, who directs the Des Moines Police Academy, noted that all Des Moines Police Department hires are required to complete the Des Moines Police Academy. The Department would oppose any mandatory hiring of people who have obtained certification in the state other than through the Des Moines Police Academy.
Statewide standards for law enforcement training should be maintained and updated as needed, he said.
The Des Moines Police Academy's 22-week course operates only as needed, he told members. An ILEA certification is obtained upon completion of the course. He also reported that the cost of the Des Moines Police Academy is comparable to the cost of ILEA. He noted that the Des Moines Academy works with Des Moines Area Community College and recruits can earn college credit for course work.

Cedar Rapids Police Academy. Capt. James Noonan of the Cedar Rapids Police Academy spoke of the Cedar Rapids Police Department's commitment to the regional academy. The Department, he said, wants to maintain its ability to require all new hires to complete the Cedar Rapids Police Academy.
The Cedar Rapids Academy, he said, fosters a good working relationship between officers in the jurisdictions around Cedar Rapids who have completed their training at the Academy.
He also observed that the Cedar Rapids Police Department and Academy have a strong working relationship with ILEA. The Academy, he said, follows the instructional guidelines mandated by ILEA and uses ILEA certified instructors.

Community Colleges. Dr. Dale Amunson, Director of Community Services for Hawkeye Community College; Dr. Jules Koefoed, Professor and Coordinator of Career Options at Kirkwood Community College; and Dr. Charles Ullom, Chief of the Bureau of Community Colleges at the Department of Education, discussed the role community colleges currently play in law enforcement training and the possible expansion of that role. Their presentation included the following observations:

A Tool for Training. Community colleges are a viable tool for providing law enforcement training. Community colleges are accessible and flexible and can provide excellent training.
Strong Connections. Community colleges with law enforcement training have had good working relationships with ILEA. Still, these relationships can always be strengthened.
Alternative Education Option. Community colleges should be considered as an alternative for certification of officers who already have a higher education degree or who are coming to Iowa and have been certified in another state.
Open Door Policy. Community college academic courses of study, such as criminal justice programs, are open to all and do not require background checks.

5. Law Enforcement Training Survey Results.

Background. The Iowa State Association of Counties and the League of Cities, with assistance from the ILEA, developed an opinion survey regarding the recruitment process and training of Iowa law enforcement officers. The survey was sent to various law enforcement officials, such as chiefs of police and county sheriffs, as well as local governmental officials. The results of the survey were compiled and submitted to the interim committee.

Iowa League of Cities. Mr. Dean Schade, Director of Governmental Affairs for the Iowa League of Cities, and Mr. Tom Hanafan, Mayor of Council Bluffs, expressed the following concerns:

State funding to ILEA has tightened, resulting in increased costs to cities.
The sudden increase in officers as a result of the federal COPS program has strained capacity at ILEA.
Requiring the hiring agency to pay training costs, especially if the recruit leaves the agency soon after training is completed.
Mr. Schade and Mayor Hanafan identified the following as Iowa League of Cities' recommendations:
Fully fund the ILEA by diverting a greater portion of citation surcharges to the Academy.
Allow community colleges to have programs certified by the Academy as an option to all or part of the existing Academy training.
Allow cities to withhold transfer of an officer's certification to another agency until the employee has met their existing contract obligation.
Allow law enforcement officials entering from out-of-state with five or more years of experience to take the short test for certification in this state.
Allow ILEA-certified personnel to conduct regional physical training tests.
Allow an additional six months of probation for new officers beyond the current 12 months.
Allow ILEA to use the ICN to provide continuing education courses.

Iowa State Association of Counties (ISAC). Mr. David Vestal, Legal Analyst for ISAC, observed the ILEA provides quality training and its training is the best defense counties have against lawsuits. The quality of training needs to be maintained, he said. He also made the following recommendations:

Decentralize Training. The ILEA should provide skills training, but the community colleges could be used to provide the general education classes currently offered at ILEA.
ILEA Oversight. Utilize ILEA to provide general oversight and standardization of training.
Training Cost Reimbursement. Require hiring agencies to reimburse a part of the training costs incurred by the initial hiring agency.
Probation Period. Extend the probationary period an additional six months.
Funding. Fully fund the ILEA with state moneys.

Iowa Law Enforcement Academy. Mr. Gene Shepard, Director of the ILEA, stated that the integrity of the law enforcement certification process must be maintained. One benefit to the process, he noted, is that the Academy supports graduates with expert testimony in liability cases, he said.
He refuted those who complain about the Academy's waiting lists by noting that although the federal COPS program recently strained the capacity of the Academy, waiting list requests have still been filled in the last six classes. He noted that the Academy offers six sessions per year and certifies about 240 officers each year.
Mr. Shepard observed that the Academy has the authority to enter into agreements with educational institutions for cooperative efforts in training, but prefers to conduct their own physical agility tests. He also noted that regional sites could be established if more resources were made available.
He stated the Academy recently established a curriculum review committee and is using the ICN for some training. The Academy, he said, is also considering lengthening its 12-week training program. In response to a question, he noted the Academy currently needs funds for firearms training and computerization.

6. Committee Recommendations.

Chairperson Representative Garman moved, and the committee adopted unanimously, the following recommendations:

Pass legislation to lengthen the probation period from 12 to 18 months.
Encourage the lengthening of the time period for law enforcement training.
Encourage the use of the ICN for continuing education.
Explore the idea of providing student loan options for persons seeking law enforcement training.
Develop ways of addressing the concerns of local government agencies hiring and paying to train law enforcement recruits who, within a short period after receiving certification, leave the agency to work for another, often larger, agency as a certified law enforcement officer.

7. Written Materials Filed with the Legislative Service Bureau:

a. A basic answer sheet supplied by Mr. Gene Shepard, Executive Director of the Iowa Law Enforcement Academy, and a description of the qualifications needed to enter and be certified by the Academy.

b. A copy of a 1967 Des Moines Tribune article titled, "Bill for Academy at Camp Dodge Passes."

c. A copy of a Des Moines Register article titled, "Officer Training Criticized," by Tom Suk (October 4, 1995).

d. A copy of a Des Moines Register article titled, "Iowa Will Put Police Training Under Review," by Thomas A. Fogarty (August 11, 1996).

e. A map showing community college areas in Iowa and a list of the Criminal Justice/Law Enforcement programs offered at the community colleges -- contributed by Dr. Charles Ullom, Chief of the Bureau of Community Colleges, Department of Education.

f. A summary of the Final Report of the 1972 Law Enforcement Training Programs Study Committee.

g. Copies of the training curriculums for the Cedar Rapids and Des Moines Police Academies, and the Iowa Department of Public Safety.

h. Information from Mr. John Laux, Executive Director of the Minnesota POST.

i. Iowa Association of Chiefs of Police and Peace Officers' Training Position Statement contributed by Grinnell Police Chief Michael Birmingham.

j. Materials contributed by Dr. Dale Amunson, Director of Community Services at Hawkeye Community College, describing the college's Intermediate Officer Training Program and Curriculum.

k. "Opinion Survey Regarding the Recruitment Process & Training of Iowa Law Enforcement Officers," developed, compiled, and tabulated by the Iowa State Association of Counties and the Iowa League of Cities, with assistance from the Iowa Law Enforcement Academy.

l. Written comments of Scott County Sheriff Mike Bladel, who testified on behalf of the Iowa State Sheriffs' and Deputies Association.

m. Written comments of Muscatine Chief Gary Coderoni.

n. Written comments of Mayor Tom Hanafan of Council Bluffs, who testified on behalf of the Iowa League of Cities.

o. Written comments of Captain Jack Morton of the Des Moines Police Academy.

p. Written comments of Captain James Noonan of the Cedar Rapids Police Department.

q. Written comments of Chief Stanley Rowe of the Burlington Police Department, who testified on behalf of the Iowa Police Executive Forum.

r. Written comments of Mr. David Vestal, Legal Analyst, who testified on behalf of the Iowa State Association of Counties.

OTHER INFORMATION FOR THIS COMMITTEE:

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