6229551 Second Notice of Proposed Rulemaking - Special Police Officer and Security Officer Requirements

OFFICE OF THE CITY ADMINISTRATOR

Notice of SECOND Proposed Rulemaking

The City Administrator, on behalf of the Mayor, pursuant to the authority under the second paragraph under the section titled “FOR METROPOLITAN POLICE” of An Act Making appropriations to provide for the expenses of the government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred, and for other purposes, approved March 3, 1899 (30 Stat. 1057; D.C. Official Code § 5-129.02 (2012 Repl.)), and Mayor’s Order 2015-36, dated January 9, 2015, hereby gives notice of the intent to adopt amendments to Chapter 11 (Special Police) of Title 6 (Personnel), Subtitle A (Police Personnel), and Chapter 21 (Security Officers and Security Agencies) of Title 17 (Business, Occupations, and Professionals) of the District of Columbia Municipal Regulations (DCMR), in not less than thirty (30) days from the publication of this notice in the D.C. Register.

This rulemaking modifies the eligibility and training requirements for commissioned special police officers and licensed security officers, and creates requirements for approved individuals to provide the training; a summary of the proposed rulemaking follows.

These amendments were published as a Notice of Proposed Rulemaking in the D.C. Register on July 1, 2016 at 63 DCR 9113. In response to public comments, the following changes have been made to the proposed rulemaking:

First, § 1100.7 has been amended to clarify the dates by which on-the-job, annual in-service, and firearms training must be started; clarify that the training may include higher standards than what is required in the regulations; and eliminate the requirement for special police officers to be trained in the record and arrest management system of the Metropolitan Police Department.

Second, § 1100 has been amended to clarify that approved special police officer and security officer instructors may hire certified trainers to provide instruction in cardiopulmonary resuscitation, automated external defibrillators, and first aid. It also makes clear that firearms training instructors must meet the requirements of Title 24 of the DCMR.

Third, § 1102 has been amended to allow security agencies that work with minors and vulnerable adult populations to apply higher standards when assessing criminal histories of agency employees.

Finally, minor grammatical edits were made throughout.

Summary of the Proposed Regulatory Action

This rulemaking ensures special police officers (SPOs) and security officers (SOs) meet increased eligibility requirements, including more comprehensive training, so as to be better qualified, trained, and responsive to community concerns. It also creates requirements for individuals seeking to provide the training, including professional experience and review of the curriculum.  

Eligibility

The rulemaking strengthens applicant eligibility requirements so that a person convicted of misdemeanor sexual abuse is prohibited from applying to be a special police officer for ten (10) years and a security officer for two (2) years. This doubles the current length of time of ineligibility for SPOs and SOs, and is consistent with prohibitions for felonies. While those with prior convictions should not be automatically precluded from new career opportunities, this rulemaking seeks to lessen the risk of negative interactions between SPOs, SOs, and residents. Given the violation of trust between parties in sexual abuse cases and the trust expected of SPOs and SOs in the community, it is important that any applicant convicted of misdemeanor sexual abuse remains ineligible for an extended time before being put in a position of responsibility.

Training Requirements

The rulemaking increases training requirements for both incoming and current SPOs. By increasing pre-assignment training to at least eighty (80) hours, which is double the current requirement, SPOs will receive more comprehensive training and be better equipped to respond to potential emergency situations, while protecting the rights of individuals. The training will expand to include active shooter, emergency response, individuals in health or mental health crisis, de-escalation procedures, and biased-based policing. The use of force curriculum will specify the types of force to be addressed (e.g., carotid neck restraint techniques, knees in back, and positional asphyxia).

Newly-assigned SPOs will be required to meet an increased standard of twenty-four (24) hours of on-the-job training within their first 80 hours with a special police officer who has at least one year experience. This will allow SPOs to be better equipped to conduct their job effectively. Additional in-service training from the current eight (8)-hour requirement to 24-hours annually will ensure SPOs are regularly informed and updated as to changes in laws and procedures.

The rulemaking requires at least forty (40) hours of firearms training and at least eight (8) hours of requalification training twice a year to ensure SPOs are meeting appropriate standards of responsible firearms use, storage, and maintenance. It also ensures SPOs are required to receive the same amount of annual firearms requalification as Metropolitan Police Department (MPD) officers.

To ensure these new standards are met, the rulemaking requires security agencies to pay for the costs of the training and maintain records of all training provided to their SPO and SO employees. This will allow all parties to be held accountable and to reduce the potential of employer liability concerns.

Under this rulemaking, there would be an additional sixty-four (64) hours of training added to the current SPO training requirements (seventy-two (72) hours of training for armed SPOs). The chart below provides a comparison of the current training requirements and the training requirements from this rulemaking.

 

	Current	Rulemaking proposal
Pre-assignment Training	40 hours total	80 hours total (required by May 31, 2018)
Part I	16 hours covering: • Arrest powers • Search and seizure • D.C. Official Code • Use of force	32 hours covering: • Arrest powers • Search and seizure • D.C. Official Code • Use of force, including:      • Carotid neck restraint techniques      • Knees in back      • Positional asphyxia
Part II	24 hours covering: • Terrorism awareness, including building evacuation, unattended packages, and unknown substances • Emergency procedure, including evacuation and first-aid; and • Customer service and interaction with tourists	48 hours, covering: • Terrorism awareness, including building evacuation, unattended packages, and unknown substances • Emergency procedures, including evacuation, cardio-pulmonary (CPR) and automated external defibrillator (AED) training, and a First Aid program • Cultural competency and individual rights, including the D.C. Human Rights Act and Bias-Related Crime Act • Active Shooter • Police interaction with persons with health or mental health crisis issues, including substance abuse • De-escalation procedures • Biased-based policing • MPD’s records and arrest management systems • Community policing (if there’s possibility of assignment at a park, recreation center, residential building or community)
On-the-Job Training	16 hours of on-the-job training within 90 working days	24 hours of on-the-job training within the first 80 hours of work and while paired with a special police officer who has at least one year of experience (required for any newly hired SPO no later than July 1, 2017)
Annual In-Service Training	Eight hours annually	24 hours annually (Commencing during the June 1, 2017 through May 31, 2018 licensing year and every licensing period thereafter)
Armed SPOs	40 hours initially and eight hours annually	40 hours initially Eight hours twice a year (Commencing during the June 1, 2017 through May 31, 2018 licensing year and every licensing period thereafter)

 

Outside Employment

To increase accountability, the rulemaking clarifies that SPOs cannot work for more than one security agency at a time. An SPO must be accountable to a single security agency and its policies and practices; this ensures that both the public and MPD can readily identify the agency that is responsible for the actions of an SPO.

Uniforms

The rulemaking specifies that SPO uniforms be consistent in appearance among all SPOs. This will present a level of professionalism and accountability so as to not confuse the public.

Physical/Psychological Fitness

In 2006, the regulations for SOs were amended to specify standards for physical and psychological fitness for duty. This rulemaking adopts the same clear standards for SPOs so as to ensure they perform effectively in a demanding position.

Material Misstatements

The rulemaking clarifies that any false statement or omission in an application for SPO commission or SO license application is a material misstatement and grounds for MPD denying the application or revoking the SPO commission or SO license. This clarification is needed due to several cases where the Office of Administrative Hearings overturned a commission or license denial or revocation by MPD and held that a person failing to disclose their arrest history in their commission or license application was not a material misstatement.

Approved Trainers

The rulemaking specifies that a qualified SPO instructor should have demonstrated relevant knowledge and experience. An instructor may meet that requirement as a resigned or retired full-duty status officer in good standing or having served as a special police officer for at least four (4) years. Alternatively, an instructor may have specific knowledge of the District demonstrated through two (2) years as in full-duty status resigned or retired or as a current member of the District of Columbia Bar. An instructor may hire a trainer who is certified by an outside authority to provide instruction in CPR, AED, or First Aid. Outside instructors for other courses may be approved on an individual basis as a part of the curriculum review process.

Pursuant to D.C. Official Code § 5-129.02(c), this rulemaking shall be submitted to the Council of the District of Columbia for a forty-five (45)-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess.

Chapter 11, SPECIAL POLICE, of Title 6-A DCMR, POLICE PERSONNEL, is amended as follows:

Section 1100, APPOINTMENT: GENERAL PROVISIONS, is amended as follows:

Subsection 1100.7 is amended to read as follows:

1100.7             No person shall be appointed as a special police officer under D.C. Official Code §§ 5-129.02 or 5-129.03 unless he or she meets the following requirements:

(a)        Have reached the age of twenty-one (21) years;

(b)        Be a citizen of the United States;

(c)        Be of good moral character;

(d)       Be approved for appointment by the Chief of Police; possess a high school diploma or a general equivalency diploma or one (1) year of experience as a special police officer in the District of Columbia; be able to read, write, and speak English; and be certified by a licensed physician as physically and psychologically fit to perform the duties of a special police officer in compliance with § 1111;

(e)        Shall not have been dishonorably discharged from the U.S. armed forces;

(f)        Satisfactorily complete the following pre-assignment training prescribed and approved by the Mayor, on-the-job training, and in-service training programs covering emerging issues or issues specific to the industry in which the licensee is providing security:

(1)        No later than May 31, 2018, pre-assignment training shall include at least thirty-two (32) hours of training on arrest powers, search and seizure laws, the District of Columbia Official Code, and the use of force, including carotid neck restraint techniques, knees in back, and positional asphyxia. Pre-assignment training shall include an additional forty-eight (48) hours of training generally relating to the special police officer’s duties and specifically including:

(A)       Terrorism awareness, including building evacuation, unattended packages, and unknown substances;

(B)       Emergency procedures, including evacuation, cardio-pulmonary (CPR) and automated external defibrillator (AED) training, and a First Aid program;

(C)       Cultural competency and individual rights, including the Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; D.C. Official Code §§ 2-1401.01 et seq.), and the Bias-Related Crime Act 1989, effective May 8, 1990 (D.C. Law 8-121; D.C. Official Code §§ 22-3701 et seq.);

(D)       Active shooter;

(E)       Individuals in health and mental health crisis;

(F)       De-escalation procedures;

(G)       Biased-based policing; and

(H)       Community policing, if there is the possibility of being assigned to a park, recreation center, residential building or community.

(2)        No later than July 1, 2017, a newly hired special police officer shall satisfactorily complete, within eighty (80) working hours following employment and before being assigned to a post by themselves, twenty-four (24) hours of on-the-job training with a special police officer who has at least one (1) year experience.

(3)        During the June 1, 2017 through May 31, 2018 licensing year, and for each subsequent licensing year that commences June 1 and ends May 31, a special police officer must satisfactorily complete twenty-four (24) hours in annual in-service training courses.         

(4)        After completing at least forty (40) hours of initial firearms training, a special police officer shall satisfactorily complete, beginning June 1, 2017 through May 31, 2018 and each licensing year thereafter, at least eight (8) hours of requalification training twice a year, representing sixteen (16) total hours.

 (5)       Special police officers shall complete all additional initial and re-qualification training standards for other equipment, as applicable.

(g)        Nothing herein shall be construed to prohibit a security agency from voluntarily providing training programs and courses which exceed the minimum requirements of this chapter, or that reflect higher standards for security in a particular industry. Upon satisfactory completion of a required training course, a special police officer shall receive from his or her employer a signed certificate of completion, including the date completed and course title(s). A security agency must also maintain records of all training provided to its special police officer employees.

New Subsections 1100.8, 1100.9, and 1100.10 are added to read as follows:

1100.8             In order to provide the training required by § 1100.7, an instructor must obtain certification from the Department of Consumer and Regulatory Affairs.

1100.9             To be considered for approval as an instructor who can provide training pursuant to § 1100.7, a person shall:

(a)        Have reached the age of twenty-one (21) years;

(b)        Be a citizen of the United States;

(c)        Be of good moral character;

(d)       Possess a high school diploma or a general equivalency diploma and be able to read, write, and speak English;

(e)        Not have been dishonorably discharged from the U.S. Armed Forces;

(f)        Undergo a criminal background check pursuant to the standards and procedures set forth in § 1102.1;

(g)        Possess at least four (4) years of experience within the last seven (7) years in at least one of the following positions:

(1)        Served in a full-duty status with a full-service police department in a municipality or state or served in a federal or military agency and have resigned or retired in good standing; or

(2)        Served as a special police officer continuously employed by a Licensed security agency; and

(h)        Possess demonstrated knowledge of District laws pertaining to law enforcement through either:

(1)        At least twenty-four (24) months of service as a police officer or special police officer in the District of Columbia with the experience described in 6-A DCMR § 1100.9(g)(1) or (g)(2);  or

(2)        As a current member of the District of Columbia Bar with at least three (3) years of significant experience in law enforcement or criminal justice.

1100.10           An approved instructor may hire a trainer with demonstrated expertise in a specific topic to provide instruction in:

(a)        Cardiopulmonary resuscitation (CPR), automated external defibrillator (AED), and First Aid pursuant to § 1100.7(f)(1)(B) if the trainer has satisfactorily demonstrated to the instructor that the trainer is certified by an outside authority, such as the Red Cross or the American Heart Association; and

(b)        Other courses as requested and submitted with the curriculum description, so long as at least seventy-five percent (75%) of required courses are taught by a District certified instructor.

1100.11           Notwithstanding § 1100.9, instructors providing firearms training shall meet the Firearms Training Instructor Certification requirements pursuant to § 2347 of Title 24 (Public Space and Safety) DCMR.

Section 1101, APPOINTMENTS, is amended as follows:

Subsection 1101.4 is amended to read as follows: 

1101.4             The name of the agency shall be specified upon the face of the commission issued to those special police officers.

Subsection 1101.7 is amended to read as follows: 

1101.7             The property which any special police officer shall be appointed to protect pursuant to § 1101.5 shall be located within the geographical limits of the District of Columbia.

Subsection 1101.14 is amended to read as follows: 

1101.14           No special police officer may, at the same time, hold a special police officer commission under more than one (1) security agency located in the District of Columbia.

Section 1102, CRIMINAL HISTORY, is amended to read as follows:

1102.1             No person shall be commissioned or employed as a special police officer, nor shall an existing special police officer have a commission renewed, until the Mayor has conducted a criminal history check of the applicant through the record systems of the Federal Bureau of Investigation and the Metropolitan Police Department.

1102.2             An applicant shall be ineligible to be commissioned as a special police officer if that applicant has ever been convicted of, pled guilty or nolo contendere to, or been given probation before judgment for any offense in any jurisdiction that would be a crime of violence, as defined in D.C. Official Code § 23-1331(4), if committed in the District of Columbia.

1102.3             If an applicant has ever been convicted of, pled guilty or nolo contendere to, or been given probation before judgment for any offense, other than a crime of violence, as defined in D.C. Official Code § 23-1331(4), in any jurisdiction that would be a felony if committed in the District of Columbia, the applicant shall be ineligible to be commissioned as a special police officer for ten (10) years following the applicant’s release from incarceration and the conclusion of any court-ordered parole, probation, or supervision relating to that offense.

1102.4             If an applicant has ever been convicted of, pled guilty or nolo contendere to, or been given probation before judgment for any offense, other than a crime of violence, as defined in D.C. Official Code § 23-1331(4), or traffic offense, in any jurisdiction that would be a misdemeanor if committed in the District of Columbia, the applicant shall be ineligible to be commissioned as a special police officer for five (5) years following the applicant’s release from incarceration and the conclusion of any court-ordered parole, probation, or supervision relating to that offense.

1102.5             If an applicant has ever been convicted of, pled guilty or nolo contendere to, or been given probation before judgment for any offense, in any jurisdiction that would be a misdemeanor sexual abuse if committed in the District of Columbia, the applicant shall be ineligible to be commissioned as a special police officer for ten (10) years following the applicant’s release from incarceration and the conclusion of any court-ordered parole, probation, or supervision relating to that offense.

1102.6             In evaluating an application for a special police officer commission, the Mayor shall also consider:

(a)        An applicant’s arrest history;

(b)        An applicant’s conviction history;

(c)        Any court finding of an applicant’s mental incompetence that has not been removed or expunged;

(d)       An applicant’s history of criminal traffic offenses;

(e)        The bearing, if any, the criminal offense for which the person was previously convicted will have on his or her fitness or ability to perform one or more duties or responsibilities of a special police officer;

(f)        The time that has elapsed since the occurrence of the criminal offense or court finding of mental incompetence;

(g)        The age of the applicant at the time of the occurrence of the criminal offense or court finding of mental incompetence;

(h)        The frequency and seriousness of the criminal offense;

(i)         Any information produced by the applicant, or produced on his or her behalf, in regard to his or her rehabilitation and good conduct since the occurrence of the criminal offense or court finding of mental incompetence; and

(j)         Any material misstatement, including, but not limited to, a false statement or omission in the commission application. A commission shall be subject to denial, suspension, or revocation for any such material misstatement.

1102.7             If a special police officer is arrested, the special police officer shall report the arrest to the Mayor within two (2) business days. The commission of such special police officer shall be suspended immediately, and the security agency shall be notified of such suspension immediately, pending further disposition. If a special police officer fails to report an arrest as required, the special police officer’s commission shall be summarily revoked.

1102.8             The Mayor shall conduct random criminal history checks of special police officers through the record systems of the Metropolitan Police Department. The commission of any special police officer whose record indicates an unreported arrest or conviction shall be summarily revoked, and the security agency shall be notified of such revocation immediately. The commission of any special police officer whose record indicates an outstanding warrant shall be suspended immediately, and the security agency shall be notified of such suspension immediately, pending further disposition.

1102. 9            Notwithstanding any other law or regulation, the information obtained from criminal history checks conducted pursuant to this chapter and considered by the Mayor shall not be limited by the date of the offense nor shall the information obtained and considered be limited to arrests resulting in conviction.

1102.10           Nothing in this section shall be construed as prohibiting a security agency that provides security services and works closely with minors or vulnerable adult populations as defined in 6-B DCMR § 499 from making permanently ineligible any person seeking an SPO commission who has pled guilty or nolo contendere, or been given probation in their criminal history.

Subsection 1105.3 of Section 1105, APPLICATIONS, is amended to read as follows: 

1105.3             Each application shall be accompanied by eighty-four dollars ($84), which includes sixty-five dollars ($65) for the application and nineteen dollars ($19) for licensing. Additionally, an applicant must pay a thirty-five dollar ($35) fee for fingerprints. The eighty-four dollar ($84) fee is refundable in the event of a final denial.

Section 1106, SECURITY AGENCY RESPONSIBILITIES, is amended as follows:

New Subsections 1106.9, 1106.10, 1106.11, and 1106.12 are added to read as follows:

1106.9             A special police officer shall not work, in his or her capacity as a special police officer, for more than one (1) security agency at any time located in the District of Columbia.

1106.10           In reviewing an employment application for a special police officer previously employed by another security agency and who received that other security agency’s pre-assignment training, a security agency shall review and certify that the previously received pre-assignment training meets the requirements of § 1100.7(f).

1106.11           A security agency shall maintain records of all training certification documents.

1106.12           A security agency shall pay the costs of the pre-assignment training, on-the-job and in-service training, including any required firearms requalification training, required by § 1100.7(f).

Subsection 1109.1 of Section 1109, UNIFORMS, is amended to read as follows:

1109.1                 Special police officers shall, while on duty, wear distinctive uniforms. Uniform waivers for armed special police officers are prohibited.

A new Section 1111, ELIGIBILITY REQUIREMENTS – HEALTH, is added to read as follows:

1111.1             Each applicant for commission shall be required to submit a physician’s certificate stating, to the best of the physician’s knowledge after examining the applicant, the following:

(a)        The applicant is not presently addicted to drugs or alcohol;

(b)        The applicant is not suffering from any debilitating mental defect or disorder; and

(c)        The applicant is not suffering from serious heart disease, severe epilepsy, or other physical defect which might cause substantial loss of control in situations of severe stress.

1111.2             When testing for epilepsy or other physical defects which might involve substantial costs to determine, the doctor may rely upon the sworn statement of the applicant, under oath. The doctor must give his or her affirmation to the same effect.

1111.3             In cases where commission is requested concurrent with or as a condition of employment with a security agency or an employer, the security agency or employer shall certify the health of the applicant.

1111.4             Each applicant shall be required to pass a drug screening administered by the security agency or employer upon initial application and upon application for commission renewal.

1111.5             Special police officers shall be subject to reasonable suspicion drug and alcohol testing by the security agency or employer. For the purposes of this subsection, the term “reasonable suspicion” means the officer is impaired while on duty.

1111.6             Security agencies or employers shall immediately notify the Mayor of any unexplained positive tests.

1111.7             The certification of a special police officer who fails a reasonable suspicion drug or alcohol test shall be summarily revoked. For the purposes of this section, the term “fails” means:

(a)        The officer’s blood contained more than .03%, by weight, of alcohol, or the officer’s urine contained more than .04%, by weight, of alcohol, or that at the time of the test more than .14 micrograms of alcohol were contained in one (1) milliliter of his or her breath, consisting of substantially alveolar air; or

(b)        The drug test detected the presence of a controlled substance in the officer’s blood or urine.

Chapter 21, SECURITY OFFICERS AND SECURITY AGENCIES, of Title 17 DCMR, BUSINESS, OCCUPATIONS, AND PROFESSIONALS, is amended as follows:

Section 2101, DUTY OF SECURITY AGENCY OR EMPLOYER, is amended as follows:

New Subsections 2101.5 and 2101.6 are added to read as follows:

2101.5             A security agency shall use an instructor approved by the Department of Consumer and Regulatory Affairs to provide the training required by § 2108.4 and 6-A DCMR § 1100.7(f).

2101.6             A security agency shall pay the costs of the pre-assignment training, on-the-job and in-service training, including any required firearms requalification training, required by 6-A DCMR § 1100.7(f).

Subsection 2104.1 of Section 2104, Eligibility Requirements – Criminal Convictions, is amended to read as follows:

2104.1    

(a)        A person who is in any of the following categories shall not be eligible for certification as a security officer unless he or she meets the burden of proving to the Office of Administrative Hearings that he or she is not a significant safety risk to the community and meets all other requirements for certification:

(1)        A person who has been released from incarceration for a felony conviction in any jurisdiction in the United States within two (2) years prior to the date of filing an application for certification; or

(2)        A person who has been released from incarceration for a misdemeanor conviction in any jurisdiction in the United States involving larceny or involving the illegal use, carrying, or concealment of a dangerous weapon within one (1) year prior to the date of filing an application for certification.

(3)        A person who has been released from incarceration for a misdemeanor conviction in any jurisdiction in the United States involving sexual abuse within two (2) years prior to the date of filing an application for certification.

(b)        The provisions of this section do not preclude a security company from imposing stricter standards or from requiring a longer period of ineligibility for a felony or misdemeanor.

Section 2108, EXAMINATION AND TRAINING, is amended as follows:

Subsection 2108.4 is amended to read as follows:

2108.4             To qualify for certification as a security officer, an individual shall meet the eligibility and training requirements established in this chapter and be an employee or an applicant for employment with a security firm.

Subsection 2108.7 is amended to read as follows:

2108.7             Security officers shall be required to satisfactorily complete pre-assignment, on-the-job, and in-service training programs that meet the requirements of this chapter.

Subsection 2108.8 is amended to read as follows:

2108.8             Pre-assignment training shall include at least twenty-four (24) hours of training generally relating to the security officer's duties and specifically including:

(a)        Terrorism awareness, including building evacuation, unattended packages, and unknown substances;

(b)        Emergency procedures, including evacuation, cardio-pulmonary (CPR) and automated external defibrillator (AED) training, and a First Aid program;

(c)        Cultural competency and individual rights, including the Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; D.C. Official Code §§ 2-1401.01 et seq.), and the Bias-Related Crime Act 1989, effective May 8, 1990 (D.C. Law 8-121; D.C. Official Code §§ 22-3701 et seq.);

(d)       Active shooter;

(e)        Individuals in health and mental health crisis;

(f)        De-escalation procedures;

(g)        Biased-based policing; and

(h)        Community policing, if there is the possibility of being assigned to a park, recreation center, residential building or community.

Subsection 2108.9 is amended to read as follows:

2108.9             Security officers shall satisfactorily complete a sixteen- (16-) hour, on-the-job training course within thirty (30) working days following employment, and an eight- (8-) hour annual in-service training course.

Subsection 2108.12 is amended to read as follows:

2108.12           The training requirements in § 2108.8 and § 2108.9 shall apply as of May 1, 2018.

A new Subsection 2108.13 is added to read as follows:

2108.13           A security agency shall maintain records of all training provided to its security officer employees.

A new Subsection 2108.14 is added to read as follows:

2108.14           To be considered for approval as an instructor to provide training pursuant to § 2108.4, a person shall:

(a)        Possess a valid security officer’s license;

(b)        Possess a high school diploma or its equivalent;

(c)        Undergo a criminal background check pursuant to the procedures set forth in 6-A DCMR § 1102;

(d)       Possess at least thirty-six (36) months of experience, at least eighteen (18) of which is in the District of Columbia, as any combination of the following:

(1)        A full-duty status with a full-service police department in a municipality or state or served in a federal or military agency and have resigned or retired in good standing;

(2)        A security officer employed by a licensed security agency or a series of security agencies;

(3)        A trainer employed by a licensed security agency or series of security agencies to train security officers; or

(4)        The owner or manager of a security agency.

A new Subsection 2108.15 is added to read as follows:

2108.15           An approved instructor may hire a trainer to provide instruction in:

(a)        Cardiopulmonary resuscitation (CPR), automated external defibrillator (AED), and First Aid pursuant to § 2108.8(b) if the trainer has satisfactorily demonstrated to the instructor that the trainer is certified by an outside authority, such as the Red Cross or the American Heart Association; and

(b)        Other courses as requested and submitted with the curriculum description, so long as at least seventy-five percent (75%) of required courses are taught by a District certified instructor with demonstrated expertise in a specific topic.

A new Subsection 2108.15 is added to read as follows:

2108.15           The Department of Consumer and Regulatory Affairs shall publish on its website a regularly updated list of the instructors approved under this section.

Section 2120, DENIAL, SUSPENSION, AND REVOCATION OF CERTIFICATION, is amended to read as follows:

2120.1             Certification of a security officer shall be subject to denial, suspension, or revocation for any of the following reasons:

(a)        Any material misstatement, including but not limited to a false statement or omission, in the license application;

(b)        Violation of requirements pertaining to identifications cards, uniforms, badges, advertising, and displays as set forth in §§ 2110, 2111, 2112, and 2113;

(c)        Failure or refusal to comply with any statute or regulation governing security officers, or the willful and fraudulent circumvention of any statute or regulation;

(d)       Conviction of a felony while employed as a security officer; provided, that denial, suspension, or revocation for this reason shall not prevent a person from reapplying for certification;

(e)        Conviction for a misdemeanor involving theft, fraudulent conduct, assault, or false arrest or imprisonment;

(f)        Conviction of any offense arising out of or based on employment as a security officer which involved a breach of trust or an invasion of privacy; or

(g)        Carrying a deadly weapon, handcuffs, or an aerosol chemical dispenser in the course of employment. This does not prohibit the carrying of a night stick constructed solely of wood.

 

All persons interested in commenting on this proposed rulemaking action may submit comments in writing to Kelly O’Meara, Strategic Change Division, Metropolitan Police Department, 300 Indiana Avenue, N.W., Suite 5117, Washington, D.C. 20001, or via email at [e-mail]. Comments must be received no later than thirty (30) days after publication of this notice in the D.C. Register. Copies of the proposed rules can be obtained from the address listed above. Copies of this proposal may be obtained, at cost, by writing to the above address.