Rule 31-101-5.3 - Procedures1. The primary tools the Board will use in compliance monitoring are the various forms approved by the Board. These forms provide the Board information upon which to base decisions as to the eligibility of an applicant to become a detention officer and the level of training required to meet or exceed the mandated requirement. The Board will use other sources of information as necessary to determine who is serving as a detention officer and whether or not the individual is certified and thereby authorized to serve. A. Compliance shall be evaluated on both an individual and organizational basis. 1. The individual must supply information to the Board through his employer. The employer must conduct a background investigation to verify the Board certification specifics (see the "Application for Certification, Part III". This information will be reviewed by the staff to determine eligibility and training. Random checks of the information will be conducted to obtain independent verification. Once the review is completed, the Board will inform the individual on the type of training required to obtain certification. The individual will have achieved compliance only after successful completion of the training and the Board's formal action of certification.2. Detention officer agencies must establish policy that ensures only authorized (certified) detention officers perform duties as a detention officer. In addition to this policy, the agencies must provide requested information to the Board on a timely basis. The two-year probationary period should prove to be ample time to achieve certification for any detention officer. Delays in submitting required paperwork and procrastinating in completing required training can easily result in noncompliance. No provisions are provided to waive, excuse, or nullify the requirement to achieve certification within two years. Agencies who have detention officers who cannot achieve certification within the established time limit must reassign the affected individuals to other duties or terminate their employment.B. The Board staff will make every reasonable effort to assist agencies in achieving compliance. The staff, the Board, and the Officers Training Program (JOTP) exist to serve the needs of the detention officer community. Hopefully, a spirit of understanding and cooperation will prevail in order that the detention officer profession will continue to advance and obtain the recognition so richly deserved. The Board will strive to keep lines of communication open and provide assistance in overcoming problems with the certification process before the probation period expires, thereby avoiding serious problems requiring drastic measures. 1. The staff will attempt to contact the agency head to resolve any conflicting information or problems with compliance.2. The heads of related agencies such as the mayor, Board of supervisors, etc., will be contacted as needed to resolve problems.3. Communication with agencies shall be in writing with additional backup communication through the use of telephone and staff visits.C. In addition to the information on compliance that the staff discovers through routine monitoring, the staff receives information from a variety of other sources, such as the media and citizen complaints. Information that indicates a potential compliance problem will be reviewed to determine if further information is required. Before taking any action on such information, the staff will attempt to verify the information with the agency head involved.D. The Board will make every effort to identify the need for compliance and assist those agencies in meeting the requirements of the Act prior to the expiration of the two-year probation period.1. If the Board discovers that a violation of the Act has been committed (i.e., an individual performs detention officer duties in excess of two years from their date of hire without obtaining Board certification), the Board will notify the agency head in writing of their potential liability. The Board will further notify the State Auditor that public funds may have been paid out in violation of state law. A copy of this notification will be provided to the local executive officer.2. In addition to the above measures, the Board will not reimburse the training costs incurred by any agency who is not in compliance with the Act or the provisions of this Policy and Procedures Manual. Simply stated, the payment of a detention officer's salary when that person performs detention officer duties in excess of two years without obtaining certification is prohibited. Therefore, the Board cannot reimburse any cost of salary incurred in excess of the two-year limit by a detention officer in training, even if the agency is otherwise in compliance.E. In the event an agency disagrees with the Board as to the certification process pertaining to their organization, the agency is encouraged to submit a request in writing to have a representative appear before the Board at the next regularly scheduled meeting.31 Miss. Code. R. 101-5.3
Miss Code Ann. § 45-4-5, 45-4-9, 45-4-13