The Sisyphus Comments

Legal Issues – Academy Membership

Several agency administrators have indicated to me that they are confused about the procedures for joining or leaving their academy of record. I have prepared this memorandum in an effort to explain the procedures as I understand them.

Mr. Ronald E. Bessent, the Program Director for the Division of Standards and Training of the Department of Criminal Justice Services (DCJS) sent out a memorandum on March 16, 2006 entitled Important Training Notice: Academy Re-Assignments. In his memorandum, Mr. Bessent wrote:

In 2001, the General Assembly enacted legislation to stabilize regional academy membership. Section 15.2 – 1747 of the Code of Virginia required agency membership terms of five (5) years with their designated regional academy. The initial five year-term expires this year and an open membership period will exist during 2006. The Code section specifically spells out the requirements for establishing or transferring membership with a regional academy.

Local agencies may change their designated regional academy membership this year by notifying their respective academy by October 1, 2006, and complying with the Criminal Justice Services Board’s policy for regional academies.

Notices must be given to the Department of Criminal Justice Services and the academies prior to October 1st to take effect July 1, 2007. Regional academy membership as October 1, 2006 will remain in effect for a five-year period in accordance with Section 15.2 – 1747 of the Code of Virginia…

Although this information is factually correct, it fails to explain the complete procedure and the obligations of local agencies under § 15.2 – 1747. The General Assembly amended § 15.2 – 1747 in 2000 in an effort to stabilize regional academy membership in response to a report of the Joint Legislative Audit and Review Commission entitled Alternatives to Stabilize Regional Criminal Justice Training Academy Membership (Senate Document No.7, 2000). The amendments were as follows:

C. Any governmental unit not a party to an original agreement creating an academy under this section or § 15.2-1300 may join the academy only by two-thirds vote of the board of directors of the academy. The governing body of the governmental unit seeking to join the academy shall request membership by resolution or ordinance. The board of directors shall provide for the addition of the joining governmental unit to the academy and the number, terms of office, and voting rights of members of the board of directors, if any, to be appointed by the joining governmental unit.

D. A governmental unit may withdraw from an academy created under this section or § 15.2-1300 only by two-thirds vote of the board of directors of the academy. The governing body of the governmental unit seeking to withdraw from the academy shall signify its desire by resolution or ordinance. The board of directors shall consider requests to withdraw in October 2001, and in October of every fifth year thereafter. No requests to withdraw shall be considered at any other time, unless agreed to unanimously. Any withdrawal approved by the board of directors shall be effective on June 30 of the following year. The board of directors shall provide for the conditions of withdrawal.

Section 15.2 – 1747, Paragraph C establishes the procedure by which an agency that was not a party to an original agreement to form an academy can become a member. It should be noted that the language of this section does not specify a “regional” academy. In fact, it specifically mentions academies created under § 15.2-1300 Joint Exercise of Powers By Political Subdivisions, which may also include independent academies where two or more political subdivisions have entered into an agreement to provide training services.

Section 15.2 – 1747, Paragraph D establishes the procedure by which a governmental unit may withdraw from an academy. Part of the confusion was caused by the statement in Mr. Bessent’s memorandum that this section:

“…required agency membership terms of five (5) years with their designated regional academy. The initial five year-term expires this year and an open membership period will exist during 2006.”

This section does not specify any “agency membership term” at all. Instead, it specifies that in order for a governmental unit to withdraw from an academy, they must receive permission from at least two-thirds of the board of directors of the academy. It goes on to specify that the board of directors shall only consider requests to withdraw in October 2001, and in October of every fifth year thereafter. In fact, it goes on to state that, “No requests to withdraw shall be considered at any other time, unless agreed to unanimously.”

Contrary to Mr. Bessent’s assertion that, “Local agencies may change their designated regional academy membership this year by notifying their respective academy by October 1, 2006, and complying with the Criminal Justice Services Board’s policy for regional academies…”, under § 15.2 – 1747 local agencies may only change academies after receiving permission to do so from at least two-thirds of the board of directors of the academy.

Any local governmental unit that desires to change its academy affiliation must first signal its desire to do so by resolution or ordinance. The board of directors of the academy can only consider the request during the month of October 2006 unless the members agree unanimously to consider the request at some other time. Two-thirds of the board of directors must agree to release the governmental unit from its membership obligations before the requesting government unit can terminate its academy membership. Provided that the governmental unit receives the necessary votes, they may petition to join any other academy provided that two-thirds or more of the receiving academy’s board of directors vote to permit the governmental unit to join.

Unfortunately, the Department of Criminal Justice Services has not amended its regulations or guidelines pertaining to this issue so the Criminal Justice Training Reference Manual does not provide any guidance. The Criminal Justice Services Board’s Committee On Training and DCJS are currently reviewing the regulations and revisions can be expected in the future.

I hope the information contained in this memorandum clarifies the procedures that must be followed in order to comply with § 15.2 – 1747, Code of Virginia. Please do not hesitate to contact me at 540.375.3095 or rschumaker@cardinalacademy.org if you require any additional information.