35.21.333 - Chief of police or marshal -- Eligibility requirements.

Chief of police or marshal — Eligibility requirements.

(1) A person seeking appointment to the office of chief of police or marshal, of a city or town, including a code city, with a population in excess of one thousand, is ineligible unless that person:

     (a) Is a citizen of the United States of America;

     (b) Has obtained a high school diploma or general equivalency diploma;

     (c) Has not been convicted under the laws of this state, another state, or the United States of a felony;

     (d) Has not been convicted of a gross misdemeanor or any crime involving moral turpitude within five years of the date of application;

     (e) Has received at least a general discharge under honorable conditions from any branch of the armed services for any military service if the person was in the military service;

     (f) Has completed at least two years of regular, uninterrupted, full-time commissioned law enforcement employment involving enforcement responsibilities with a government law enforcement agency; and

     (g) The person has been certified as a regular and commissioned enforcement officer through compliance with this state's basic training requirement or equivalency.

     (2) A person seeking appointment to the office of chief of police or marshal, of a city or town, including a code city, with a population of one thousand or less, is ineligible unless that person conforms with the requirements of subsection (1) (a) through (e) of this section. A person so appointed as chief of police or marshal must successfully complete the state's basic training requirement or equivalency within nine months after such appointment, unless an extension has been granted by the criminal justice training commission.

     (3) A person seeking appointment to the office of chief of police or marshal shall provide a sworn statement under penalty of perjury to the appointing authority stating that the person meets the requirements of this section.

[1987 c 339 § 4.]

Notes: Intent -- 1987 c 339: "The intent of this act is to require certain qualifications for candidates for the office of chief of police or marshal, which position in whole or in part oversees law enforcement personnel or activities for a city or town.

     The legislature finds that over the past century the field of law enforcement has become increasingly complex and many new techniques and resources have evolved both socially and technically. In addition the ever-changing requirements of law, both constitutional and statutory provisions protecting the individual and imposing responsibilities and legal liabilities of law enforcement officers and the government of which they represent, require an increased level of training and experience in the field of law enforcement.

     The legislature, therefore finds that minimum requirements are reasonable and necessary to seek and hold the offices or office of chief of police or marshal, and that such requirements are in the public interest." [1987 c 339 § 3.]

Severability -- 1987 c 339: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1987 c 339 § 8.]

Effective date -- 1987 c 339: "This act is necessary for the immediate preservation of the public peace, health and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1987." [1987 c 339 § 9.]