Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 79 - LAW ENFORCEMENT - POLICE STANDARDS ADVISORY COUNCIL › Chapter 1 - DEFINITIONS › Section 79-1-004 - General

Current through June 17, 2024
The following terms and definitions will be utilized to
				  clearly define the intent and meaning of training statutes in which they are
				  used.
004.01 Academy: A training
				academy as defined by Neb. Rev. Stat. §
									81-1401, that offers basic law
				enforcement certification training as approved by the Council.
004.02 Accreditation: The process involving
				agency self-assessment, application and attestation, and oversight entity
				review and audit to determine if an agency meets certain defined law
				enforcement standards and best practices as established in
				81-1414.18. Such status is valid
				for a set period of time and renewable upon an inspection and audit procedure
				established by the oversight entity.
004.03 Advanced Certificate: A document
				issued to an individual by the Council attesting that the person has met all of
				the requirements to practice law enforcement in the State at supervisory and
				management levels when appointed as a law enforcement officer.
004.04 Advanced Training: mandatory training
				for each law enforcement officer who is promoted to or appointed to a
				supervisory, mid-management or management position.
004.05 Agency: An agency within the State
				that employs and appoints persons to serve as law enforcement officers as
				defined in Neb. Rev. Stat. §
									81-1401.
004.06 Agency Report of Officer Misconduct: A
				report filed pursuant to Neb. Rev. Stat. §
									81-1414.15. Also referred to as a
				791 Report.
004.07 Appeal: The
				process to be followed by an individual or agency asking reconsideration of
				action taken by the Training Center Director or Council.
004.08 Appointment: The hiring of a law
				enforcement officer at any position within an agency, with a commensurate
				salary and title and the investing of authority to perform the law enforcement
				duties enumerated in Neb. Rev. Stat. §
									81-1401.
004.09 Basic Training: Mandatory training for
				newly appointed or elected law enforcement officers as required by Neb. Rev.
				Stat. §
									81-1414 and §
									23-1701.01, Sheriff's
				Certification Course. The length and extent of the course will be established
				by the Council.
004.10 Certificate:
				A document issued to an individual by the Council attesting that the person has
				met all of the requirements to practice law enforcement in the State and is
				appointed as a law enforcement officer. This is also known as a
				license.
004.11 Certificate of
				Attendance: A document awarded to a person for attending an academy training
				course that does not require standards and testing for completion.
004.12 Certified Instructor: An instructor
				who is certified by the Council to instruct at the Center or at other certified
				academies in the state.
004.13
				Chairperson: The chairperson of the Nebraska Police Standards Advisory
				Council.
004.14 Code of Ethics: A
				standardized code of conduct approved by the Council that all law enforcement
				officers must sign to receive certification.
004.15 Commission: The Nebraska Commission on
				Law Enforcement and Criminal Justice.
004.16 Continuing Education: Annual mandatory
				education or training hours established by Neb. Rev §
									81-1414.04 or by the Council,
				required of an individual law enforcement officer to maintain
				certification.
004.17 Cooperative
				Certification Program: A cooperative program between schools and the Council in
				which students may attend an academy and complete basic training as a practicum
				and part of their degree program.
004.18 Council: The Nebraska Police Standards
				Advisory Council.
004.19
				De-escalation training: Training to provide officers with strategies to calmly
				deal with people who are experiencing crisis.
004.20 Director: The Director of the Nebraska
				Law Enforcement Training Center
004.21 Direct Supervision: A fully certified
				officer is physically present at all times when a reserve officer performs law
				enforcement duties as outlined in Neb. Rev. Stat. §
									81-1438. For a noncertified
				conditional officer (NCO), direct supervision means that a field training
				officer is physically present when the NCO performs law enforcement duties as
				outlined in Neb. Rev. Stat §
									81-1414.
004.22 Diploma: A document awarded to a
				person by a director of the training academy for the successful completion of a
				law enforcement training course that incorporates standards and testing at that
				academy in the State.
004.23
				Executive Director The Executive Director of the Nebraska Commission on Law
				Enforcement and Criminal Justice.
004.24 Extreme Hardship: Refers to situations
				where the officer cannot complete the mandated training due to factors beyond
				the control of either the officer or his/her employing agency and/or governing
				body. Cases of extreme hardship may include, but are not limited to, situations
				where the officer has suffered a injury or ailment which prevents the officer
				from successfully completing the mandated training, and situations where the
				officer is called to active military service which prevents the officer from
				successfully completing the mandated training.
004.25 Federal Law Enforcement Agency: An
				agency of the United States government that provides academy training courses
				and appoints personnel as law enforcement officers at the federal government
				level.
004.26 Field Training
				Officer: A fully certified, active law enforcement officer who provides
				training and evaluation of newly appointed officers.
004.27 Good Cause: Justifiable grounds for
				the Council to provide an extension of employment as outlined in Neb. Rev.
				Stat. §
									81-1414.
004.28 Good Standing: refers to leaving a
				previous law enforcement agency's employment not because of pending or final
				disciplinary actions or a documented performance issue(s).
004.29 Grandfather Clause: refers to State
				Statutes 81-1414(1)  and
				23-1701.01. State Statute
				81-1414(1) 
				applies to law enforcement officers who were serving under permanent
				appointment prior to January 1, 1972, and who have been continuously employed
				by the same agency since January 1, 1972. State Statute
				23-1701.01 applies to sheriffs
				only who were in officer prior to July, 1980.
004.30 Law Enforcement Officer: has the same
				meaning as a law enforcement officer as specified in Neb. Rev. Stat. §
									81-1401.
004.31 Law Enforcement Trainee: A person who
				is employed by a law enforcement agency, but not yet appointed as a law
				enforcement officer and does not interact with the public in a law enforcement
				capacity.
004.32 Management
				Position: The position occupied by the department or agency head (chief of
				police, sheriff, superintendent, director, etc.) or a person in charge of a
				division or unit of an agency which involves other employees and for which
				commensurate salary is authorized.
004.33 Misdemeanor conviction with a rational
				connection: A misdemeanor criminal conviction, whether committed in this state
				or another jurisdiction, which occurred when the individual held a law
				enforcement officer certificate or license that involves dishonesty, lack of
				integrity or morals, sexual assault or contact, intimidation or harassment have
				a rational connection with the officer's fitness or capacity to
				serve.
004.34 Noncertified
				Conditional Officer: A person who has not been awarded a certificate or diploma
				but has been appointed by the agency as a law enforcement officer according to
				Neb. Rev. Stat. §
									81-1401.
004.35 Patrol Rile: A rifle that is
				shoulder-mounted, magazine fed, semi-automatic, gas impingement or gas piston
				operated weapon.
004.36
				Psychological Evaluation: Prior to being hired as a law enforcement officer,
				any non-Nebraska certified officer must undergo a psychological evaluation
				pursuant to Rev §
									81-1414. 12. A Trainee must
				undergo a psychological evaluation prior to admission to an academy. The
				psychological evaluation will be the responsibility of the agency.
004.37 Pre-Certification Program: A
				cooperative program between schools and the Council in which a student
				completes a specific course of study through the school that makes the student
				eligible to attend an abbreviated basic training course at an
				academy.
004.38 Pre-Certification
				Test: A cognitive test administered by the Center to students who have attended
				a school and completed a course of study that covers specific learning
				objectives of the basic curriculum.
004.39 Promotion: The advancement of an
				officer up the chain of command with a commensurate salary adjustment and
				title, i.e., corporal, sergeant, lieutenant, captain, assistant chief, chief,
				etc.
004.40 Reciprocity
				Certification: Law enforcement certification issued by the Council to an
				officer, who has met all requirements of the Reciprocity program as outlined in
				Neb. Rev. §
									81-1414. 13 and all applicable
				rules and regulations in Title 79, Chapter 3 of Nebraska Administrative
				law.
004.41 Reserve Officer: Any
				person appointed as a member of a reserve force organized pursuant to Neb. Rev.
				Stat. §
									81-1438 through
				81-1446.
004.42 Reserve Training: The approved
				training as established by the Nebraska Police Standards Advisory Council
				pursuant to Neb. Rev. Stat. §
									81-1439(1).
004.43 Revocation: The permanent withdrawal
				of an individual's law enforcement certificate for violation of standards. Also
				referred to as decertification.
004.44 Sheriff's Certification Course: Basic
				Training as identified in Neb. Rev. Stat. §
									81-1414(2)  for
				all sheriffs whether appointed or elected after July 19, 1980, and as specified
				in
				004.09.
004.45 Specialized Training: Training that is
				not mandatory but needed to develop specialized skills that will improve job
				performance.
004.46 Status: A
				certified officer's current certification standing as outlined in Title 79,
				Chapter 4.
004.47 Supervisory
				Position: A position occupied by a person with lesser responsibility than a
				management position and who in the chain of command directly supervises
				subordinate officers or employees in their work performance and for which
				commensurate salaries are authorized.
004.48 Separation of Employment: The end of
				employment or service with an agency as a law enforcement officer either
				through removal, discharge, resignation, retirement, termination or
				otherwise
004.49 Training Center or
				Center: The Nebraska Law Enforcement Training Center.
004.50 Training School: A Training School as
				defined by Neb. Rev. Stat. §
									81-1401
004.51 Tribal Law Enforcement Officer: Any
				law enforcement officer employed by a tribal government with lands in Nebraska
				who is responsible for the prevention and detection of crime or the enforcement
				of penal, traffic, or highway laws of the State or of the tribal nation thereof
				and is authorized to make arrests. The tribal officer's authority to enforce
				the laws and make arrests is limited to the tribal boundaries of the employing
				tribal government.
004.52 Tribal
				Officer Certification Training: The Tribal Officer Certification Course as
				established by the Nebraska Police Standards Advisory Council.
004.53 Vice-Chairperson: The Vice-Chair of
				the Council. The Vice-Chair shall fulfill the duties of the Chairperson in the
				absence of the Chairperson.
004.54
				Voluntary Surrender: A certified law enforcement officer that chooses not to
				contest the administrative revocation process and permanently relinquishes
				his/her law enforcement certificate(s)/license.