PURPOSE:
The intent of the agency assessment process is to ensure that recognized law enforcement agencies comply with the selection, training, and employment standards of law enforcement officers in Michigan so that communities can trust that all Michigan agencies meet the established standards.
PROCEDURE:
The MCOLES administration and management will select at least ten percent of the current law enforcement agencies for annual assessment based on the following criteria. Randomly selected agencies, including the license transactions and LED records, from the active list in MITN. Selected agencies, whether active or inactive, based on issues with annual registration reporting, potential issues with selection and hiring processes, or unique issues regarding compliance with any MCOLES statutorily authorized administered function.
PRIMARY AREAS OF FOCUS:
Agency Representatives focus heavily on providing guidance towards completing a comprehensive background investigation and the requirements of Public Act 128. A comprehensive background investigation will help shield agencies from making poor hiring decisions. The PA 128 process will help prevent agencies from hiring officers who have struggled with integrity issues while employed as a law enforcement officer in Michigan.
Outlined below are the four Agency Assessment Categories. Each section describes the assessment category and the criteria used to assess the category.
An MCOLES Agency Representative will contact the agencies assigned to them and notify the agency head of the selection for an Agency Assessment. A standardized email will be sent describing the review's authority and intent. MCOLES staff will include necessary forms to assist the agency staff in preparing for the assessment. An online meeting will be scheduled to provide an overview of the process to agency heads or designees. Before the on-site evaluation, MCOLES staff will provide the agency with the names of the officers whose records will be reviewed. MCOLES staff assigned to conduct agency assessments are generally expected to meet with the agency staff at the agency location. It is desirable to ensure that all local agency personnel overseeing the required documents are available during the scheduled meeting day. Additionally, the agency should be prepared to have all the necessary supporting documentation available on the day of the assessment.
AGENCY ASSESSMENT PROCESS:
MCOLES Agency Representatives will document findings for Areas of Focus I-IV, from the Agency Assessment, with respect to licensing and reporting. They will clarify any identified deficiencies and outline corrective measures required to prevent recurrence. Agencies must address correctable deficiencies by a specified deadline. For issues that cannot be rectified, such as when an employee is no longer employed, the representative will document the discussion and the agency’s proactive measures to prevent future occurrences. Upon completion of the Agency Assessment and resolution of any deficiencies, the MCOLES staff member will finalize the Agency Assessment Report, detailing all findings and resolutions. The results will be communicated to the agency head.
AGENCY ASSESSMENT RATING SCALE:
An agency can meet one of three possible ratings on the Agency Assessment Report:
The following rating only applies within Section II: Comprehensive Background Investigation.
MCOLES Agency Representatives will discuss the requirements of PA 128 with Agency Heads and Representatives. During the assessment preparation and the review of the identified employee history records, the MCOLES Agency Representative will identify instances where the requirements of Public Act 128 apply. Missing Public Act 128 documents must either be obtained or created.
The Act requires the agency hiring a Current or Previously Licensed Law Enforcement Officer to request and review the reasons for and circumstances under which an applicant left employment with a previous law enforcement agency. This record is required to be maintained in the Employment History Record.
DUTIES OF AN AGENCY SEEKING TO EMPLOY A CURRENT OR PREVIOUSLY LICENSED OFFICER:
The hiring agency shall not employ an officer unless the agency has received the record regarding the reasons for and circumstances surrounding the separation from all previous law enforcement agencies. The hiring agency must acknowledge receipt of the circumstances surrounding the individual’s separation from employment on the MITN License Activation or New Hire Report. The authorization to release information must still be forwarded to MCOLES with the License Activation or New Hire documents.
DUTIES AND IMMUNITIES OF THE SEPARATING AGENCY:
Requires an agency receiving such a request to disclose the information. The Act provides Liability Protection from such disclosures for the former agency and allows an applicant due process to object to the information with an explanation.
Authority to Conduct annual inspections of recognized law enforcement agencies that employ and activate law enforcement officer licenses and/or receive Michigan Justice Training Funds is granted under Public Act 203 of 1965 and under Public Act 302 of 1982.
The authority directing MCOLES to conduct inspections of PA 203 employment documentation and PA 302 financial documentation can be found in administrative rules 28.14502 and 18.14904, respectively.
The selection and employment standard that requires a Comprehensive Background Investigation can be found in administrative rule 28.14203.
Administrative rules 28.14504 and 28.14502 require the maintenance of standards compliance documentation (Employee History Records).
WEST AREA REPRESENTATIVE:
Contact: Pete Ackerly
Email: AckerlyP1@michigan.gov
Cell: 517-881-5517
EAST AREA REPRESENTATIVE:
Contact: Joel Allen
Email: Allenj59@michigan.gov
Cell: 517-855-1783
NORTH AREA REPRESENTATIVE:
Contact: Rob LaMarche
Email: LaMarcheR@michigan.gov
Cell: 517-224-6934
Per Administrative Rules 28.14502 and 28.14504, recognized law enforcement agencies are required to maintain an employment history record for each law enforcement officer employed, subject to inspection by MCOLES. Documents held in an officer’s employment history record will demonstrate that the officer meets the minimum standards requirements and that the required license activation steps were completed. The type of license activation will determine which documents are required.
As of March 2024, the MCOLES Personal History Statement and Affidavit is required to be completed by all new hires. The completed PHQ is a document to be held in each officer’s employment history record.
The completed Comprehensive Background Investigation narrative report is also required to be held in each officer's employment history record.
One of the MCOLES Agency Representatives will host a pre-assessment online meeting. During this meeting, law enforcement agency heads and representatives will provide an overview of the agency assessment process. An agency assessment process introduction and overview email will be sent to the agency heads and representatives. Copies of the agency assessment report and other resources used to conduct and prepare for the agency assessment will be sent via email. The email will include the names of the officers whose records have been selected for review.
Agency representatives and heads will agree upon a date for the on-site assessment. The on-site assessments are typically scheduled within two to three weeks of the pre-assessment online meeting. On the on-site agency assessment date, agency heads will have the identified employee history records available for review. The agency representatives will review the selected employee history records and verify the required standards compliance and license activation documentation in the record. PA 128 documentation, if required, will also be verified. This documentation must be held within an employed officer’s employment history record.
Per Administrative Rule 28.14203 Rule 203, a person selected to be a law enforcement officer under the MCOLES Act shall possess good moral character as determined by a favorable comprehensive background investigation covering school and employment records, home environment, and personal traits and integrity. Consideration shall be given to a history of, and the circumstances pertaining to, having been a respondent to a restraining or personal protection order. Consideration shall also be given to all law violations, including traffic and conservation law convictions, as indicating a lack of good moral character.
During the onsite assessment, the Agency Representative will review the selected officer’s completed background investigations and verify that the minimum requirements in Administrative Rule 28.14203- Rule 203 have been met. The narrative report and supporting documentation will be reviewed, and the Agency Assessment Comprehensive Background Investigation Report will be used to document the contents of the background investigation and the steps taken to determine the moral character of the officer. The MCOLES Background Investigation Assessment Rubric will be used to assign a qualitative score for each background investigation that has been reviewed. The Agency Representative’s assessment of each reviewed background investigation will be shared with the agency heads and contacts.
LICENSING STANDARDS VERIFICATION:
A comprehensive and effective background investigation not only verifies the information provided by the applicant in the personal history statement but also uncovers any fraud, false statement(s), and/or failure(s) to disclose requested/required information. As an agency head, you must attest under oath that a candidate meets or exceeds all applicable state standards for licensure as a law enforcement officer. To make that attestation, you must have articulated factual information.
LICENSING STANDARDS MINIMUM QUALIFICATIONS:
Mandatory reporting regarding compliance with the MCOLES Active-Duty Firearms Standard began on January 1, 2010, as a part of the MCOLES Annual Registration process. Agency operators completing the annual registration process through the MCOLES Information and Tracking Network (MITN) will be asked to assure compliance on behalf of the agency for every officer appearing on the agency roster.
MCOLES Agency Representatives will review the agency’s firearms training records for the current and previous training cycles to ensure that licensed law enforcement officers have completed the required training and that a training plan is in place.
A review of the training curriculum or a discussion with firearms trainers will be completed to determine if the required knowledge and skills performance standards are being met.
Section IV covers the following topic areas:
1. CONTINUING PROFESSIONAL EDUCATION:
On January 31, 2023, Public Act 1 of 2023 appropriated funds to support the implementation of required annual in-service training standards for all licensed law enforcement officers in accordance with rules promulgated under 11(2) of the MCOLES Act (1965 PA 203, MCL 28.611). Accordingly, the Commission is now promulgating rules with respect to in-service training programs, courses of study, and attendance requirements for licensed law enforcement officers.
The recently implemented Commission-required annual in-service training standards shall hereafter be referred to as Continuing Professional Education (CPE). The CPE requirements ensure that all licensed law enforcement officers maintain a level of knowledge, skill, and ability necessary to enhance proficiency and professionalism throughout their careers and appropriately serve the people of Michigan.
MCOLES Agency Representatives will review the agency’s CPE training records and training plans. They will compare the agency's records, which document the training completed by its officers, with the information captured in MITN. If necessary, efforts will be made to reconcile the information. The agency’s training plans will be reviewed to ensure that officers who have yet to complete this training will be trained within the required training cycle.
2. DOMESTIC VIOLENCE POLICY REQUIREMENTS:
Law Enforcement Agencies are required to have a policy or policies for responding to domestic violence calls. The policy includes criminal investigation procedures, with standards for misdemeanor and felony arrests prescribed in MCL 776.22.
MCOLES Agency Representatives will review the Agency’s policies and procedures to ensure that the required arrest procedures, personal protection order procedures, training, and discipline for non-compliance have been covered. The MCOLES Assessment Summary Report for Response to Domestic Violence will be used to document the findings of the Agency Representative.
3. ACTIVE VIOLENCE RESPONSE TRAINING RECORDS:
MCOLES Agency Representatives will review the agency’s active violence response training records and training plans. They will compare the agency's records, which document the training completed by its officers, with the information captured in MITN. If necessary, efforts will be made to reconcile the information. The agency’s training plans will be reviewed to ensure that officers who have yet to complete this training will be trained within the current or upcoming training cycle.
Per PA 203 of 1965 28.609e:
(1) Beginning January 1, 2020, an individual seeking to become licensed under sections 9, 9b, 9c, or 9d shall complete active violence response training that emphasizes coordinated tactical response to rapidly developing incidents in which intentional physical injury or death to a specific population occurs through the use of conventional or unconventional weapons and tactics.
(2) The commission shall promulgate rules establishing the minimum standards for the active violence response training required under subsection (1).
(3) Beginning January 1, 2020, an individual who is licensed under sections 9, 9b, 9c, or 9d shall complete the active violence response training described under subsection (1).
4. AUDIOVISUAL RECORDING EQUIPMENT FOR CUSTODIAL INTERROGATIONS:
Per PA 479, MCL 763.8, law enforcement agencies need to “make a time-stamped, audiovisual recording” of custodial interrogations for certain felonies. A field survey was conducted, and all Michigan law enforcement agencies were invited to participate. Based on the completed analysis, staff recommended six standards for the audiovisual recording of certain felonies as defined by the Act.
On September 18, 2013, the Commission accepted the standards as follows:
(1) Agency Representatives will review the agency’s policy and procedure for conducting in-custody suspect interviews. As necessary, they will share suggestions and best practices for policy development and implementation.
(2) A visual assessment of the agency’s interview room will be conducted to ensure the recommended standards are met. Agencies that do not have their own interview room will be required to obtain a written agreement to use a local agency’s interview room.
