31 Miss. Code. R. 301-8.3

Current through August 31, 2024
Rule 31-301-8.3 - Procedures
1. The fitness program is a part of the probationary period activities which lead to the eventual professional certification of the law enforcement officer.
A. The program actually begins upon the officer's date of hire. Officers must be deemed physically fit to satisfactorily meet the employment guidelines (See "Law Enforcement Officer Applicant Evaluation, Employment and Certification Procedures"). The "Law Enforcement Basic Training Packet" contains a medical evaluation section which should be utilized as an employment physical evaluation. This section provides the candidate, agency head and academy director information on the candidate's potential to successfully pass the fitness test and more importantly, successfully perform all the duties of a law enforcement officer.
B. The packet contains a list of enforcement duties and a sample of the minimum activity required to pass the fitness test. A copy is normally included as a part of the academy registration packet.
1. The agency head and candidate must be aware of the requirements. Agencies are encouraged to administer the fitness test events to their prospective employees to provide additional information on the individual's fitness ability.
2. The agency head must also ensure that the physician who conducts the physical examination is aware of the physical fitness conditioning requirements of the basic course, the duties and working conditions of law enforcement officers.
3. The agency head must ensure that candidates consult their physician and begin any needed exercise and/or diet plan in ample time prior to reporting to the academy. The fitness program will markedly improve fitness levels, but cannot overcome individuals who are profoundly unfit.
C. Each Academy Director is ultimately responsible for the safety and welfare of the law enforcement officers given over to their care while enrolled in a training program. The training packet contains key information which the Director must consider in the decision process as to whether an individual can safely participate in training. The Director may delegate the authority to some other qualified academy official to review the applications and enroll students, but the responsibility for the same cannot be delegated.
1. The academy director (or designee) shall evaluate each application prior to admittance to the academy as follows:
a. Memorandum - This sheet is intended to be read by the applicant, physician and the applicant's agency head. This sheet may be discarded upon receipt of a completed training packet.
b. Information for the Physician - These sheets contain information for the physician about the duties and working conditions of law enforcement officers. In addition to these duties, page iii provides a description of the physical fitness conditioning program and the requirements for successful completion of the training program. This sheet may also be discarded upon receipt of a completed training packet.
c. Medical Examination Report - This section of the training packet consists of three parts. The first part includes the "Health Questionnaire" to be completed by the law enforcement applicant. The second part contains the "Physical Fitness Examination" to be completed by the attending physician. All items in the physical examination section must be marked, and the EKG results must be noted. The "Physician's Affidavit" must be completed by printing in ink or typing the physician's name and by having the physician sign and date the affidavit in the appropriate spaces.
1. Health Questionnaire (pages 1 and 2 ) - This section must be completed by the applicant. All required entries/spaces must have a response, missing entries will result in rejection of the packet. Any question numbered 1 through 56 answered "yes" must have an explanation to include a list of the physicians consulted.
2. Physical Fitness Examination (pages 3 through 5) - This part of the training packet is to be completed by the attending physician. All appropriate spaces must be marked. The reviewer of the form shall check that:
a. Height/Weight has been annotated and the doctor has marked either satisfactory or excessive/deficient. If the applicant's weight exceeds the threshold weight values to the degree that a reasonable person should know to a moral certainty that the officer's performance/safety would be adversely affected, the condition must be corrected before admittance.
b. Questions one (1) through fifteen (15) are marked. It should be clear that the officer has no abnormality or other problem that would adversely affect performance and/or safety. If the doctor states that the individual is able to perform law enforcement duties with some exception or qualifier, the condition must be rectified in writing before the applicant may be admitted.
c. Physician's Affidavit (page 5) this section must have the physician's name printed in ink or typed, his/her signature and the date the examination was given. The date of the examination must coincide within one month of the applicant's date of signature under the applicant's affidavit and liability waiver and must be within six months of the start of training.
d. Salary Information (page 6) - This page contains a brief explanation of policy on the reimbursement of training expenses. Check to ensure that the form is either completed or that documentation of the officer's salary is attached. Attach proof of high school diploma/GED and NCIC report to this page also.
e. Law Enforcement Agency's Affidavit (page 7) - This section must be signed by the head of the agency/department or someone with authority to sign in his/her name. The signee's name must be printed in ink or typed, and the affidavit must be signed and dated in the appropriate spaces.
f. Applicant's Affidavit & Injury Liability Waiver (page 7) - This section must be read and signed by the applicant trainee. The applicant must have signed and dated the affidavit and liability waiver in the appropriate spaces.
g. Application for Training/Personal Information Summary (page 8) -This sheet contains administrative information of use to the academies and to the Board. Check to ensure all items have been completed or marked N/A (not applicable) and that all dates requested are entered. The page has space provided to attach a photograph of the applicant for identification purposes. Although a professional photograph is not required, the applicant's photograph must be a recent picture of such clarity and finish as to allow immediate identification of the applicant.
3. If the director is unsure of the applicant's ability to safely participate in the training program, the director may refer the candidate to another physician selected by the academy director. The referral shall be at the expense of the employing agency and/or applicant. After the completion of this examination, if the director decides to refuse to admit the applicant, the director shall contact the applicant in writing.
4. The director shall provide the Board both medical examinations and a copy of the applicant's notification. The Board will evaluate the medical information, review the academy director's decision and offer the applicant a hearing to determine whether the officer meets the medical fitness requirement established in the LEOTP. In making this decision, the Board may elect a medical review panel to further evaluate the candidate's fitness for duty.
D. The academy director shall develop and implement a physical training program that stresses safety and optimizes the potential of students to pass the fitness test.
1. The safety and health of candidates shall be the foremost concern of the academy director and staff. The program must be designed to gradually increase performance levels. Exercise periods should be scheduled to minimize the impact of weather extremes (particular care must be taken during summer months to avoid heat-related injuries). Exercise periods must begin with appropriate warm-up exercises and end with cool-down activities.
2. The academy director must develop contingency plans and procedures to ensure adequate communications, transportation and first aid coverage are provided during all phases of exercise periods. In addition to these requirements, plans for running on public streets must include appropriate visibility markings (e.g., reflective vests/tape, traffic cone flashlights, etc.) and procedures for interaction with traffic.
3. The fitness program will be administered throughout the training cycle. Fitness training shall be conducted as a group activity no less than three times weekly. Students shall participate in all physical fitness training unless excused in writing by a medical doctor. Students are expected to perform at the pace set by the conditioning instructor. Performance of students shall be monitored and students who are not able to meet the pace will be given counseling and extra conditioning periods. The academy shall designate the time and location where individuals enrolled in the program may conduct additional fitness training.
E. Testing and evaluation of fitness shall be conducted by the administration of scheduled fitness tests.
1. Following academy registration activities, the first physical fitness test shall be administered. Each student must demonstrate an acceptable level of fitness by achieving a score of not less than fifty percent (50%) on each event. Candidates failing to achieve this score shall be dismissed from the academy. The agency head shall be promptly notified of the student's failure to attain an acceptable fitness score.
2. Students who fail to achieve seventy percent (70%) on each event at the scheduled fitness tests will be counseled and their agency head notified of their performance. The agency head must advise the academy of their decision to continue training for their officers. Students will be offered three attempts to pass the final fitness test. Students who fail all three attempts will not graduate from the academy. The test shall be administered as follows:
a. Students shall be informed of the test date/time at least five working days in advance.
b. The academy director shall ensure that adequate staff members are available to administer the test. The director shall ensure all safety procedures are enforced. Staff members shall observe the number of repetitions and elapsed time.
3. Standards of Scoring Conversion - The candidate's performance on each event shall be matched with that event's standard sheet for the score. If the number of repetitions or performance of the candidate falls between values on the chart, the candidate must find an interval between the higher and lower performance that he/she received. If the performance falls in an interval lower half, the lower number is used. However, if the performance falls at half or more than half, the next whole number is selected.
4. Event I is the "Agility Run". The agility course consists of two parallel lines on a floor separated by thirty feet (30'). One line is designated as the "Start/Finish" line, and the other, the "End Boundary" line. Both of these lines have a twelve inch (12") cone (traffic pylon) placed on them. In addition, two other cones are to be placed equidistant between the lines.
a. The candidate begins from a flat, prone position with hands on the "start/finish" line with his/her legs straight and feet together. When signaled to start the student arises and begins a thirty foot (30') sprint to the "end boundary" line, stops (placing at least one foot over the end line) and sprints back to the original starting line. The student immediately negotiates a left turn around the cone on the starting line, and commences to zig-zag in a figure eight fashion around the cones up to the "end boundary" line, then zig-zagging back to the "start/finish" line. Once across the student sprints straight to the "end boundary line" and returns.
b. Each candidate is allowed two (2) attempts at the run to record his or her best time. Any mistake will result in a restart. In each of the two attempts, the candidate is allowed (2) mistakes. Upon the third mistake, no time will be recorded for that event.
c. A candidate's score in this event will be determined by using the "Agility Run Standards" sheet.
5.Event II is the "Push-Up" test. The push-ups are done in a two (2) minute time period. The proper push-up position and form for the student is hands on the ground, feet together and arms fully extended. No other part of the body may touch the ground. The candidate shall commence in the exercise by placing his or her chest on the instructor's fist. If the student rests during the two (2) minutes, he or she may arch their back up or down, but must resume a proper push-up position before continuing with the exercise. The instructor may inform the candidate when the time remaining reaches the one minute mark and the thirty (30) second mark.
a. If any of the above rules are not followed by a candidate, the instructor will terminate the exercise and grant the previously completed number of push-ups to the candidate.
b. A candidate's score in this event will be determined by using the "Push-Up Standards" sheet.
6.Event III is the "1.5 Mile Run". Candidates will run a measured one and a half (11/2) mile course. Candidates may walk during brief periods of rest.
a. The one and a half (11/2) mile run may only be attempted once by each candidate.
b. A candidate's score in this event will be determined by using the "1.5 Mile Run Standards" sheet.
7. Candidates must achieve a passing score in each event to successfully complete the fitness test. Failure of any one of the events would constitute failure of the entire test.

31 Miss. Code. R. 301-8.3

Miss Code Ann. § 45-6-7
Adopted 9/16/2019