Police amend physical agility test requirements for certain certified applicants

FORT SMITH — The Police Department will allow job applicants to be exempt from the physical agility test, as long as they have been certified and employed by a law enforcement agency within the last three years.

The relaxed requirements are a part of the department’s efforts to fill vacancies when, nationally, the field is seeing a highly competitive job market.

A June study from the Police Executive Research Forum found that of the agencies that responded, fewer new officers were hired, and resignations and retirements increased roughly 18% in the 2020-2021 period as compared to the previous year. It also saw a 5% decrease in the overall hiring rate, with smaller agencies seeing a minimal increase in hiring, while larger departments experienced dramatic reductions.

Police Chief Danny Baker told that Civil Service Commission on Thursday highly qualified applicants at other agencies often fail the department’s physical agility test or refuse to apply because of the requirement. He said the exemption should at least moderately increase the number of qualified applicants the department receives. He noted two certified candidates working for other police departments both recently failed their physical agility tests by a couple seconds.

“It’s my belief that an officer holding a current law enforcement certification has already demonstrated the ability to perform the tests of a police officer, and that’s required by state standards,” he said.

Any characteristics making a certified candidate unsuitable for employment at the Fort Smith department would be discovered during the background investigation phase of the hiring process, Baker said.

Commission member Matthew Garner asked why the department has a physical agility test at all if currently employed officers couldn’t pass it, and he questioned whether there should be one at all.

Colby Roe, a lawyer at Daily and Woods, the firm that represents the city, said regulations requiring a physical examination for applicants are under state statute, but can be amended.

“My opinion is even though the statute says we’ve got to have an examination for physical condition, it’s not unreasonable to have a rule that says we don’t have to do that for people who already have a current certification because those individuals have already gone through the process and are certified officers. That’s why I think this rule is OK,” he said.

“I do think we’ve got to have a component in our rules for entry-level applicants who have no background in law enforcement. They have to have some sort of physical examination, some sort of physical agility test,” he said.

Commission member Chris Chaney requested the exemption be removed once the department’s vacancies decrease. Baker agreed the commission can review reinstating a physical agility test requirement for all applicants in a couple years.

“But I can’t stress enough how highly competitive this market is for police officers right now. I will try to do everything I can to make us more competitive with what I have available to me, without reducing standards that we just cannot waiver on,” he said.

It’s more important to find officers who will fit in with the culture he’s creating at the department than candidates who can pass the agility test, Baker said.

Garner asked if applicants could be scored on their test results instead of passed or failed.

“My understanding of this process is that a physical agility test is not a good indicator of whether or not that person is going to be a successful officer,” he said.

Baker said establishing and approving a grading process would prolong the hiring process.

The commission unanimously approved the exemption for certified officers within that three-year time span.

Baker said the city’s police officer salaries are roughly $38,000 a year. He said the city is looking to significantly increase Fire and Police Department salaries after the next budget cycle as another way to stay competitive.

“We are such a highly competitive market right now that for the pay to really be the attracting factor for somebody to pick up their family and move to Fort Smith, Ark., it would have to be a significant pay increase” he said.