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Rehiring a Police Officer Who Resigned Earlier This Year

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Reviewed Date: January 03, 2017

Original Author: 
Moore, Todd
Date Created: 
Sep 21, 1995


Subjects:
Personnel--Laws and regulations
Personnel--Selection and recruitment
Police--Personnel

Rehiring a Police Officer Who Resigned Earlier This Year

Summary: 
MTAS was asked whether the Town may rehire a police officer who resigned earlier this year.

Knowledgebase-Rehiring a Police Officer Who Resigned Earlier This Year September 21, 1995

This letter is in response to your question regarding whether the Town may rehire a police officer who resigned earlier this year. The answer to your question is yes, if this person meets the standards for certification established by the peace officer standards and training commission.

Tennessee Code Annotated § 38-8-105(a) provides that the "[r]equirements for minimum standards as set forth herein or as required by the commission shall be mandatory and binding upon any municipality . . . of this state." In fact, any person who knowingly appoints an applicant or who knowingly signs a check to pay the salary of a person who fails to meet the qualifications of a police officer, commits a misdemeanor and may be subject to a fine not to exceed one thousand dollars ($1,000.00).

There are generally two areas of requirements for certifcation of police officers: (1) qualifications and (2) training. The initial qualifications are set forth in T.C.A. § 38-8-106(a)(1--9) and include a physical examination, having fingerprints on file with the TBI, being certified by a psychiatrist or psychologist, etc. These requirements apply to all officers, including part-time, auxilary officers and special deputies. In addition, all officers must complete recruit training within one (1) year of the their date of employment and thereafter must successfully complete an annual in-service training session. If the applicant has already completed recruit training, the officer may only have to complete annual in-service training within the year. Failing to complete either recruit training or in-service training will result in the loss of certification for the officer. T.C.A. § 38-8-107(b).

To summarize, the town may only employ a person as a police officer who meets the requirements established by the Peace Officer Standards and Training (POST) Commission. If the applicant meets these requirements, they must continue to be trained in order to remain certified. The POST Commission has published more detailed information regarding the training requirements that I will be happy to send you if you think it will be helpful.

Please feel free to contact me if you have any further questions regarding this matter.

Sincerely,

Todd Moore
MTAS Legal Consultant

TM/


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MTAS letters and publications were written based upon the law at the time and/or a specific sets of facts. The laws referenced in the letters and publications may have changed and/or the technical advice provided may not be applicable to your city or circumstances. Always consult with your city attorney or an MTAS consultant before taking any action based on information contained in this database.