§ 17E-7. Required standards. - North Carolina Statutes

§17E‑7.  Required standards.

(a)        Justice officers,other than those set forth in subsection (c1) of this section, shall not berequired to meet any requirements of subsections (b) and (c) of this section asa condition of continued employment, nor shall failure of a justice officer tofulfill such requirements make him ineligible for any promotional examinationfor which he is otherwise eligible if the officer held an appointment prior toJuly 1, 1983, and is a sworn law‑enforcement officer with power of arrest.The legislature finds, and it is hereby declared to be the policy of thisChapter, that such officers have satisfied such requirements by theirexperience. It is the intent of the Chapter that all justice officers employedat the entry level after the Commission has adopted the required standardsshall meet the requirements of this Chapter. All justice officers who areexempted from the required entry level standards by this subsection are subjectto the requirements of subsections (b) and (c) of this section as well as therequirements of G.S. 17E‑4(a) in order to retain certification.

(b)        The Commissionshall provide, by regulation, that no person may be appointed as a justiceofficer at entry level, except on a temporary or probationary basis, unlesssuch person has satisfactorily completed an initial preparatory program oftraining at a school certified by the Commission or has been exempted from thatrequirement by the Commission pursuant to this Chapter. Upon separation of ajustice officer from a sheriff's department within the temporary orprobationary period of appointment, the probationary certification shall beterminated by the Commission. Upon the reappointment to the same department orappointment to another department of an officer who has separated from adepartment within the probationary period, the officer shall be charged withthe amount of time served during his initial appointment and allowed theremainder of the probationary period to complete the basic trainingrequirement. Upon the reappointment to the same department or appointment toanother department of an officer who has separated from a department within theprobationary period and who has remained out of service for more than one yearfrom the date of separation, the officer shall be allowed another probationaryperiod to complete such training as the Commission shall require by rule for anofficer returning to service.

(c)        In addition to therequirements of subsection (b) of this section, the Commission, by rules andregulations, may fix other qualifications for the employment and retention ofjustice officers including minimum age, education, physical and mentalstandards, citizenship, good moral character, experience, and such othermatters as relate to the competence and reliability of persons to assume anddischarge the responsibilities of the office, and the Commission shallprescribe the means for presenting evidence of fulfillment of theserequirements.

Where minimum educationalstandards are not met, yet the individual shows potential and a willingness toachieve the standards by extra study, they may be waived by the Commission forthe reasonable amount of time it will take to achieve the standards required.Upon petition from a sheriff, the Commission may grant a waiver of anyprovisions of this section (17E‑7) for any justice officer serving thatsheriff.

(c1)      Any justice officerappointed as a telecommunicator at the entry level after March 1, 1998, shallmeet all requirements of this Chapter. Any person employed in the capacity of atelecommunicator as defined by the Commission on or before March 1, 1998, shallnot be required to meet any entry‑level requirements as a condition ofcontinued employment but shall be reported to the Commission for certification.All justice officers who are exempted from the required entry‑levelstandards by this subsection are subject to the requirements of subsections (b)and (c) of this section as well as the requirements of G.S. 17E‑4(a) inorder to retain certification.

(d)        The Commission mayissue a certificate evidencing satisfaction of the requirements of subsections(b), (c), and (c1) of this section to any applicant who presents such evidenceas may be required by its rules and regulations of satisfactory completion of aprogram or course of instruction in another jurisdiction. (1983,c. 558, s. 1; 1987, c. 783, s. 8; 1991, c. 265, s. 3; 1995, c. 103, s. 7; 1997‑443,s. 20.11(c).)