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 Meeting Recording (YouTube)

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.

Meeting Materials (PDF)

Meeting Recording