Commission Advances Use of Force Standard, Reviews Overdue Agency Reports and FY24 Spending

At its latest meeting, the POST Commission approved the draft Use of Force standard for inclusion in the certification regulations for law enforcement agencies. The draft includes clarifications on key principles, updates on de-escalation requirements, and guidance to help agencies develop compliant policies.

The Commission also received an informational presentation on the Use of Force Reporting standard, which outlined reporting requirements for use of force incidents, excessive force allegations, public complaints, investigative procedures, record and evidence maintenance, and training.

As part of its ongoing oversight, the Commission identified three categories of records that require agency updates through the LEA portal: open complaints and incident reports overdue by more than 90 days, internal affairs reports closed but pending disciplinary action, and public complaints forwarded to POST that are awaiting agency responses. Currently, 84 agencies have at least one outstanding report, with Massachusetts State Police, Boston Police Department, Springfield Police Department, and Lawrence Police Department each having more than 10 records to update.

The legal team introduced a revised draft of 555 CMR 12.00, governing the maintenance, reporting, and auditing of law enforcement records. The updated version incorporates feedback from public comments and stakeholders.

In financial news, the Commission reported final FY24 spending at $7.6 million—90% of the allocated budget. For FY25, the largest anticipated expenses include payroll, information technology, and office space.

Meeting Materials (PDF)

Watch Recording

Commission Holds Brief Public Session Before Entering Executive Session

The Commission opened the meeting with a brief public session before entering executive session to discuss confidential matters.

Meeting Agenda (PDF)

Watch Recording

Commission Approves Key Policy Updates, Reviews Complaints and Recertification Standards

The POST Commission approved several major updates and reviewed ongoing initiatives related to officer certification, complaint trends, and fitness standards.

In its semiannual report, the Division of Standards reported receiving an average of 30 public complaints and more than 10 agency-submitted complaints per week between January 11 and September 30, 2024. Additionally, the Division updated the Commission on active preliminary inquiries, suspensions, and decertifications.

The legal team presented revisions to the 555 CMR 12.00 regulations, reflecting stakeholder input and feedback from a public hearing. The Commission approved the updated draft with further changes based on that engagement.

Recommendations from the Subcommittee on Certification Policy were presented following seven public meetings held from February to October 2024. The discussions focused on the upcoming 2025 recertification cycle and covered topics including draft recertification regulations 555 CMR 7.00, the structure and timing of recertification, physical and psychological fitness, in-service training, oral interviews, examinations, and performance reviews.

The Commission updated the definition of “conditional certification” to require it in cases where an applicant cannot obtain full certification due to hardship, approved leave, or unmet training requirements. However, they prohibited conditional certification in cases involving more serious failures, such as a failed background check, felony conviction, or lack of character and fitness.

The legal team also outlined the regulatory requirement that officers demonstrate good moral character and fitness for employment. The Commission discussed the handling of “unsubstantiated” versus “credible” complaints, with some members cautioning against dismissing patterns of allegations that may not have been substantiated but could signal larger issues. Others emphasized fairness to officers and the risk of over-relying on unproven complaints. The Commission agreed to seek further clarification before holding a vote.

The legal team raised a policy question to the Commission about whether appointing authorities should be required to submit a written explanation for an officer’s positive attestation. Under current rules, only negative attestations require written justification. Commissioners discussed whether extending this requirement to submit positive written attestations may create an undue administrative burden, particularly for larger agencies. The Commission will continue this policy discussion in future meetings.

The legal team presented an updated use of force draft standard revised with feedback from the MPTC. The Commission asked to further review feedback for future discussion.

To support future policy development, the Commission approved a new survey on officer physical and psychological fitness to be distributed to agencies with a one-month response window. Results will be reviewed at a future meeting. In addition, a panel discussion featuring six experts on officer fitness standards will take place on October 18, available both in person and virtually.

The Commission also received an update on FY26 budget development. The team is preparing a maintenance budget due to the Administration and Finance Office by October 22, ahead of the Governor’s budget filing on January 22, 2025.

Meeting Agenda (PDF)

Meeting Materials (PDF)

Watch Recording