Case No. 2024-020
Pre-Hearing Conference In the Matter of Stanley Clerge
via Zoom
Hearing Officer: Hon. Judith A. Cowin (Ret.)
Respondent’s Counsel: Kevin B. Coyle, Esq.
Enforcement Counsel: Timothy D. Hartnett, Esq.
Case No. 2024-010
Pre-Hearing Conference In the Matter of Jason Arruda
via Zoom
Hearing Officer: Hon. Kenneth J. Fishman (Ret.)
Respondent Attorney: Jason Arruda, pro se
Enforcement Counsel: William P. Aiello, Esq.
In the Matter of Robert Devine
Case No. 2024-003 Pre-Hearing Conference (via Zoom)
Hearing Officer: Hon. Kenneth J. Fishman (Ret.)
Respondent’s Counsel: Robert Stowe, Esq.
Enforcement Counsel: Shaun Martinez, Esq.
In the Matter of Matthew Hubbard
Case No. 2023-015 Pre-Hearing Conference
Hearing Officer: Hon. Charles J. Hely (Ret.)
Respondent’s Counsel: Kevin B. Coyle, Esq.
Enforcement Counsel: Timothy D. Hartnett, Esq.
Commission Reports Progress on Complaint Resolution, Hears Updates on Key Policy Terms
At its recent meeting, the POST Commission highlighted ongoing progress in closing overdue complaints. Executive Director Enrique Zuniga reported that only 14 agencies still had outstanding complaints, with 11 of them having just one pending case—a significant improvement since the last update. He also announced a new project to collect and publish data on officer commendation letters.
The Commission hosted an in-person panel on October 18, 2024, focused on officer physical health and fitness. Key takeaways included evidence that officers typically enter the profession in better shape than the general population but often leave less physically fit. Lower fitness levels were also linked to increased likelihood of using disproportionate force.
The legal team presented several regulatory updates. The Commission corrected an error in the 555 CMR 1.01 regulations governing procedural rules, and voted to adopt 555 CMR 12.00, covering the maintenance, reporting, and audits of law enforcement records. These regulations were published in the Massachusetts Register and took effect on November 8, 2024.
The Commission addressed two key policy questions. First, it voted in favor of using the term “credible allegations” rather than “substantiated allegations” when evaluating an officer’s character and fitness. Second, it considered whether to require appointing authorities to provide written explanations for positive attestations. After discussion, the Commission voted not to endorse that requirement at this time.
The POST Commission also reviewed two additional key policy questions. First, Commissioners considered whether to continue using the same approach as the initial recertification cycle. Second, they discussed whether physical fitness and behavioral health requirements for recertification should differ from those for initial certification. After deliberation, the Commission agreed to gather more information before taking a vote.
In the Matter of William Chu
Case No. 2024-040 Suspension Hearing Before the Full Commission (via Zoom)
Respondent’s Counsel: Daniel O’Malley, Esq.
Enforcement Counsel: Tara L. Chisholm, Esq.
This scheduled proceeding has been postponed.
Pre-Hearing Conference In the Matter of Stanley Clerge
Case No. 2024-020
Via Zoom
Presiding Officer: Hon. Judith A. Cowin (Ret.)
Respondent’s Counsel: Kevin B. Coyle, Esq.
Enforcement Counsel: Timothy D. Hartnett, Esq.
Pre-Hearing Conference In the Matter of Thomas Heller
Case No. 2024-045
Via Zoom
Presiding Officer: Hon. Charles J. Hely (Ret.)
Respondent’s Counsel: Robert D’Auria, Esq.
Enforcement Counsel: Timothy D. Hartnett, Esq.
Hearing In the Matter of Stanley Clerge
Case No. 2024-020
Via Zoom or in person* at the POST Commission, Ellison Conference Room, 84 State Street, Suite 200, Boston, MA 02109
Presiding Officer: Hon. Judith A. Cowin (Ret.)
Respondent’s Counsel: Kevin B. Coyle, Esq.
Enforcement Counsel: Timothy D. Hartnett, Esq.
Portions of the hearing will be temporarily closed to the public, pursuant to 555 CMR 1.10(4)(a)2. to protect the privacy interests of minors, and in accordance with a protective order signed by the Hearing Officer on September 16, 2024.
* Members of the public can attend this hearing in person or remotely. All in-person attendees must adhere to the Commission’s policy prohibiting weapons in Commission offices and designated facilities.
Meeting Summary:
Approval of minutes from the Oct. 1 , 2024 and Dec. 19, 2024 meetings.