The Sisyphus Comments

Sanctions for Non-Compliance with Academy Membership Law

In 2000, the Virginia General Assembly amended §15.2 – 1747 (C) and (D) of the Code of Virginia to establish a procedure for joining and withdrawing from a regional criminal justice academy effective 2001. The aforementioned paragraphs state the following:

§ 15.2-1747. Creation of academies.

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.

These amendments were introduced following a report by the Joint Legislative Audit and Review Commission entitled, “Alternatives to Stabilize Regional Criminal Justice Training Academy Membership (Senate Document No. 7, 2000). Although, the language in the amendment clearly reflects the desire of the General Assembly to stabilize academy membership, they failed to attach any sanctions for non-compliance. Prior to the passage of these amendments, the procedures for joining or withdrawing from an academy were addressed by Department of Criminal Justice Servicess guidelines. These guidelines may no longer be applicable since they refer to a procedure that is no longer in compliance with the procedures specified under §15.2 – 1747. Even when the procedures were applicable, their enforceability was questionable since they were merely guidelines and not regulations.

I firmly believe that academies throughout the state are enjoying many benefits that we would probably not be experiencing had the amendments to §15.2 – 1747 not been adopted. There has been an unprecedented amount of resource sharing and cooperative training initiatives that would not have occurred in the past when academies felt compelled to compete for agency membership. In addition, agency administrators tend to work harder toward resolving issues whereas they might have simply moved to another academy in the past. These changes are having a positive impact on the delivery and quality of criminal justice training throughout Virginia.

Unfortunately, some agency administrators mistakenly believe that they are free to withdraw from their present academy this year since October 2006 is the “every fifth year thereafter” mentioned in §15.2 – 1747 (D). Although we can explain that the code does not grant them the privilege to withdraw and move to another academy, an administrator may ask the obvious question, “What happens if I don’t comply with the law?” For now , the answer may be – nothing. As such, I recommend that the Criminal Justice Services Board or the Committee on Training take whatever steps are necessary to adopt the following regulations:

1. The Department of Criminal Justice Services shall only accept a Criminal Justice Training Roster (DCJS Form 41) from the listed students’ academy of record except for an entry level training course or an initial instructor training course.

2. The Department of Criminal Justice Services shall not accept a Criminal Justice Training Roster (DCJS Form 41) from any training academy that contains the names of students from any agency that is not in compliance with §15.2 – 1747.

3. Prior to accepting any agency as a member, a criminal justice training academy must receive written confirmation from the director of the Department of Criminal Justice Services, or his designee, that the applying agency, and any agency that intends to affiliate with the new academy, is in compliance with §15.2 – 1747. The academy certification of any criminal justice training academy that fails to comply with this section shall be suspended and all grant funds withheld until the academy complies with all applicable regulations.

Another issue that needs to be addressed is the formation of new criminal justice training academies. The state budget contains the following statement:

The Board of Criminal Justice Services, consistent with §9.1 – 102, Code of Virginia, and §6VAC-20-20-61 or the Administrative Code, shall not approve or provide funding for the establishment of any new criminal justice training academy from July 1, 2006, through June 30, 2007.

This statement has been carried over as part of the appropriations act for several years and I believe it should remain in the act. However, since the statement could be removed from the bill in the future, I recommend that a procedure for establishing a new academy be included in the regulations. I recommend that the Criminal Justice Services Board or the Committee on Training take whatever steps are necessary to adopt the following regulations:

1. The governing body of the governmental unit seeking to establish a new criminal justice training academy shall signify its desire by resolution or ordinance.

2. The administrator of the governmental unit shall signify its desire to establish a new criminal justice training academy in writing to the chairman of the Criminal Justice Services Board.

3. The chairman of the Criminal Justice Services Board shall take the steps necessary to initiate a study to be conducted by the Joint Legislative Audit and Review Commission (JLARC) to determine the necessity of establishing a new criminal justice training academy. The JLARC study should consider the following factors:

a. Availability of training through existing criminal justice training academies;
b. Availability of acceptable classrooms, ranges and other training facilities;
c. Geographical issues such as lengthy travel distances;
d. Impact on existing criminal justice training academies including economic, facilities and instructional issues;
e. Impact on regional homeland security readiness issues.

4. The Criminal Justice Services Board shall not approve any request to establish a new criminal justice training academy if the establishment of the new academy would result in redundant services within a small geographical area or a negative economic impact on the members of an existing criminal justice training academy.

5. The Criminal Justice Services Board shall not approve any request to establish a new criminal justice training academy if the governmental unit is not in compliance with §15.2 – 1747.

I believe that the addition of these recommended regulations will stabilize academy membership and foster continued cooperation between the criminal justice training academies and their member agencies. I also believe that emergency passage of these regulations is necessary to insure that governmental units throughout Virginia adhere to both the letter and spirit of the law that was properly enacted by the General Assembly.