department of safety and homeland security

Division of State Police

2400 Board of Examiners of Constables

FINAL

PROPOSED ADOPTION OF AMENDED RULES AND REGULATIONS

Pursuant to the Guidelines in 29 Del.C. Section 10118(a)(1)-(7), the Board of Examiners of Constables ("Board") hereby issues this Order. Following notice and a public hearing on the proposed adoption of amendments to rule 3.0 Law Enforcement Exemption, rule 4.0 Employment, the Board makes the following Findings and Conclusions:

Summary of Evidence and Information Submitted

1. The Board did not receive written evidence or information pertaining to the proposed adoption.

2. The Board expressed its desire to adopt the amendment to add another acceptable psychological evaluation, and to clarify the employment requirements necessary to become a constable.

Findings of Fact

3. The public was given notice and the opportunity to provide the Board with comments, in writing and by oral testimony, on the proposed amendments. The written comments and oral testimony received are described in paragraph 1.

4. The Board finds that the adoption of this rule will add another acceptable psychological evaluation. The Board also finds that the adoption of this rule will clarify the employment requirements necessary to become a constable.

5. The Board finds that the adoption will have no adverse impact on the public.

6. The Board finds that the amendment is well written and describes its intent to adopt the rule to add another acceptable psychological evaluation, and clarifies the employment requirements necessary to become a constable.

Conclusion

7. The proposed rules were published by the Board in accord with the statutory duties and authority as set forth in 10 Del.C. Section 2701 et seq. and, in particular, 10 Del.C. Section 2702(b).

8. The Board deems this adoption necessary and expedient to the full and official performance of its duties under 10 Del.C. Section 2701 et. seq.

9. The Board concludes that the adoption of this rule will be in the best interests of the citizens of the State of Delaware.

10. The Board therefore adopts this amendment pursuant to 10 Del.C. Section 2702(b) and guidelines of 29 Del.C. Section 10118 of the Administrative Procedures Act. See, Strauss v. Silverman, Del. Supr., 399 A.2d 192 (1979).

11. This adopted rule replaces in its entirety any former rule or regulation heretofore promulgated by the Board.

12. The effective date of this Order shall be January 11, 2009.

13. Attached hereto and incorporated herein this order is the amended rule marked as exhibit A and executed simultaneously on the 25th day of November, 2008.

Colonel Thomas F. MacLeish, Chairman

APPROVED AS TO FORM:

Patricia D. Murphy, Esquire

Deputy Attorney General

2400 Board of Examiners of Constables

1.1 A constable must meet the minimum training standards as established by the Council on Police Training.

Adopted 09/10/86 Amended 05/16/00

2.1 Any applicant who is rejected for a commission as a constable may, within 30 days of such notice of rejection, submit a written notice of appeal.

2.2 A hearing date, to be determined by the Board, will be convened to take relevant evidence on the appeal.

2.3 Such proceedings shall be conducted in accordance with the administrative procedures act (Title 29).

2.4 The Board decision, in writing, will be mailed to the applicant within ten working days after the hearing.

Adopted 09/10/86

3.1 Applicants, who were prior law enforcement officers in any jurisdiction and have been away from police work for not more than five (5) years, will be considered for commissions on a case-by-case basis.

3.2 Applicants, who have been law enforcement officers in the past but have been away from active law enforcement for more than five (5) years, will be required to take an either the MMPI (Minnesota Multiphasic Personality Inventory) or the PAI (Personal Assessment Inventory), under the conditions noted in Rule 4.0., and a comprehensive, multiple-choice examination, equivalent to the C.O.P.T. exam to identify weaknesses in their knowledge of law enforcement. Once those shortcomings have been identified, the individual officer will be required to take the requisite training where the deficiency was noted.

Adopted 10/16/96 Amended 05/16/00

4.1 All applicants must submit written testimony from five (5) reputable citizens attesting to good character, integrity, and competency.

4.2 All applicants must submit to an either the MMPI (Minnesota Multiphasic Personality Inventory) or the PAI (Personal Assessment Inventory) evaluation performed by a licensed psychologist who has knowledge of the requirements of the duties of the Constable position, that the applicant is psychologically fit to function as a competent Constable.

4.3 All applicants shall be required to submit an application and their fingerprints to the Director of Detective Licensing on the appropriate forms. The Director of the State Bureau of Identification shall set the processing fee.

4.4 No full-time police officer may apply for a commission as a constable.

4.5 All applicants seeking a new commission as a constable shall be required to submit a $100.00 application fee.

4.6 A $50.00 annual renewal fee shall be required to accompany the renewal application each year thereafter.

4.7 A constable shall not be a member or employee of any Delaware law enforcement organization, as defined by the council on Police Training, or a member or employee of a law enforcement organization of any other state or federal jurisdiction.

Adopted 05/16/00

5.1 No person licensed under Title 24 Chapter 13 Sections 1315 and 1317 shall carry a firearm unless that person has first passed an approved firearms course given by a Board approved certified firearms instructor, which shall include a minimum 40 hour course of instruction. Individuals licensed to carry a firearm must shoot a minimum of three (3) qualifying shoots per year, scheduled on at least two (2) separate days, with a recommended 90 days between scheduled shoots. Of these three (3), there will be one (1) mandatory ???low light??? shoot. Simulation is permitted and it may be combined with a daylight shoot.

5.2 Firearms - approved type of weapons

5.2.1 9mm

5.2.2 .357

5.2.3 .38

5.2.4 .40

5.3 All weapons must be either a revolver or semi-automatic and must be double-action or double-action only and must be maintained to factory specifications.

5.4 Under no circumstances will anyone be allowed to carry any type of shotgun or rifle or any type of weapon that is not described herein.

5.5 All individuals must qualify with the same type of weapon that he/she will carry.

5.6 All ammunition will be factory fresh (no re-loads).

5.7 The minimum passing score is 80%. All licenses are valid for a period of one (1) year.

Adopted 05/20/02