Scope of Certification

Scope of Certification The requirement for MSCB certification applies to Mississippi fire personnel employed after January 1, 1991 in a full-time or less than full time capacity by a local governmental fire-fighting unit and working in a cumulative time of two thousand eight hundred (2800) compensated hours. The term fire personnel shall be applied to any employee whose primary job function involves the delivery of fire suppression and rescue services. This definition does not include employees whose principle fire service duties involve the driving and operation of apparatus, supervision of other personnel, training, or department administration. A local governmental fire-fighting unit shall be defined as any organization established or contracted by a city, county, or state political authority to provide fire suppression and rescue services within a specific jurisdiction, district, or other legally recognized geographic boundary. Miss. Code § 45-11-203 provides an exclusion or “grandfather clause” for fire personnel employed with a local fire-fighting unit prior to January 1, 1991. Such personnel are not required to meet the requirements of the MSCB. As the sole qualifying factor, this act does not provide for any exemption based on prior years of service. The local firefighting unit may request grandfather status for fire personnel employed prior to January 1, 1991, who worked a minimum of two thousand eight hundred (2800) compensated hours per year, for state certification equivalent to the appropriate level of NFPA Professional Qualification Standard. Grandfather status is not applicable to personnel employed after January 1, 1991. The exclusion offered through the grandfather clause is valid so long as the eligible person does not have a break in service with a fire service agency for more than two (2) years. If a grandfathered or previously MSCB certified person leaves the fire service and does not serve with a fire service agency within two (2) years but no more than five (5) years, the person must successfully complete the Mississippi Trainee Agility Test (MSTAT) program and the MSCB approved certification examination. If a grandfathered or previously MSCB certified person leaves the fire service and does not serve with a fire service agency within five (5) years, the person will be considered a new entry and must successfully complete the entire minimum standards training and certification process. Mississippi fire personnel who serve in a non-paid capacity may choose to voluntarily meet the MSCB certification requirements through the same procedures established for compensated fire personnel. All Mississippi fire personnel meeting the minimum standard certification requirements shall be certified by the Board provided they have not been convicted of a felony. However, a felon may petition the Board for certification by providing evidence to demonstrate that such illegal act(s) are no longer detrimental to the public trust nor create an impairment or adverse perception of the fire fighter’s ability to perform his or her sworn duties, and are otherwise not specifically and directly related to the duties and responsibilities for the performance of fire-fighting and rescue services. After receipt of complete and appropriate documentation related to the felony conviction, to be provided by the petitioner, the Board shall make a determination whether certification of the individual would be detrimental to the public trust or create an impairment or adverse perception of the fire fighter’s ability to perform his or her sworn duties. The Board shall use the “clear and convincing standard of proof” in examining the following factors: (a) The nature and seriousness of the crime for which the individual was convicted; (b) The passage of time since the commission of the crime; (c) The relationship of the crime to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of the occupation of fire-fighting and rescue services; and (d) Any evidence of rehabilitation or treatment undertaken by the individual that might mitigate against a direct relationship to the occupation of fire-fighting and rescue services. Documentation for the felony criminal conviction(s) which must be provided to the Board by the petitioner should normally include, at a minimum, a copy of the felony indictment, order of conviction and sentencing, and evidence showing the successful completion of the sentence including any terms of probation or parole.