Meeting summary: The meeting began with approval of the November 22, 2022 meeting minutes. The Executive Director provided updates on officer suspensions, staffing developments, and regulatory progress. The Commission reviewed proposed draft regulations concerning regulatory actions and advisory opinions, and received hearing updates on the Regulations on Databases and Dissemination of Information (555 CMR 8.00) and the Specialized Certification of School Resource Officers (555 CMR 10.00). The General Counsel presented a proposed policy on the designation of hearing officers for adjudicatory hearings and discussed the definition of “conviction” under G.L. c. 6E, § 1, including the treatment of Continuances Without a Finding (CWOF). The meeting also addressed the process for evaluating the Executive Director.
POST Commission Publishes Officer Suspensions, Reviews Revised Public Database Regulations, and Delegates Authority on Administrative Suspensions
As of January 3, 2023, the Peace Officer Standards and Training (POST) Commission has published a list of 15 officer suspensions, with updates to follow regularly. Suspended officers receive notice and may request a hearing. POST may also issue administrative suspensions for failing to complete in-service training or report required information, notifying agencies first.
The Commission now posts lists of certified and suspended officers and plans to add non-certified individuals soon, with conditionally certified officers to follow.
Commissioners reviewed a revised draft of 555 CMR 8.00, covering databases and public information, incorporating public feedback and clarifying definitions. The updates allow the Commission to set database launch dates, expand disciplinary summaries, and provide more data-sharing options while refining rules on exclusions and protecting sensitive information. Commissioners debated how to balance transparency with fairness, the definition of a case’s “conclusion,” and whether some rules should be regulations or flexible policies. The Chair directed the legal team to revise the language for clarity and return with updates.
The Commission also approved delegating authority to the Executive Director to lift two types of non-punitive administrative suspensions—training and reporting failures—once an officer complies.
The final FY24 budget, expected to range from $9 million to $11 million, will be up for a vote at the February meeting.
POST Commission Advances Disciplinary Records Validation, Approves Database Publication Categories, and Adopts Regulations
Executive Director Enrique Zuniga updated the Commission on disciplinary records efforts, reporting that POST sent letters to Chiefs requesting validation and updates of sustained historical disciplinary records using a new submission template and clear instructions. POST plans to clarify the complaint resolution process and reporting timelines at the March meeting. After quality assurance, POST aims to publish disciplinary records in summer 2023 and launch a complaint submission portal in the fall.
The Commission approved publishing certain non-certified individuals’ records, including those who failed MPTC training or had disciplinary matters, while declining to publish records for those retired or resigned in good standing.
The Commission reviewed and approved revisions to regulations on Databases and Dissemination of Information (555 CMR 8.00) and Regulatory Action and Advisory Opinions (555 CMR 11.00).
The meeting concluded with the Commission voting to approve the FY24 budget request of $9.1 million.
POST Advances Recertification, Administrative Suspensions, Discusses Regulatory Updates
The Executive Director detailed plans for recertifying officers with last names I–P ahead of the June 30, 2023 deadline, noting revisions to Part 1 of the questionnaire while leaving Part 2 unchanged. Chiefs must submit attestations by May 1. POST will roll out a new Salesforce-based LEA portal in May, with certification notifications sent directly to officers starting July 31 after verification of MPTC training.
The Commission reviewed administrative suspensions, which the statute mandates for officers who fail to complete MPTC training by June 30. POST notified 300 noncompliant officers in December 2022; 46 remain out of compliance and will be suspended until they meet requirements.
The meeting also covered the approved $9.1 million budget, with POST set to testify before the Joint Ways and Means Committee on April 4.
A legal update highlighted progress on forms and procedures for reporting uses of force, officer-related injuries or deaths, and firearm discharges. Commissioners further examined proposed regulations (555 CMR 9.00) for certifying officers and constables, clarifying that constables seeking arrest powers must be certified, with penalties for making arrests without certification.
Meeting summary: The meeting began with approval of February 16, 2023 meeting minutes, followed by the Executive Director report, administrative update, finance update, and legal update on proposed regulations re: Initial Certification of Officers; and Initial or Renewed Certification of Independently Applying Officers, Including Constables (555 CMR 9.00), proposed regulations re: Specialized Certification for School Resource Officers (555 CMR 10.00), and draft guidance to Law Enforcement Agencies regarding certain aspects of 555 CMR 1.00: Procedural Rules.
Meeting summary: The meeting began with approval of March 16, 2023 and April 13, 2023 meeting minutes, followed by the Executive Director Report on administrative, disciplinary records, and certification updates. The Law Enforcement Agency (LEA Portal) was discussed, along with a legal division update on Maintenance, Reporting, and Auditing of Law Enforcement Records and Information.
Tuesday, June 6, 2023
10 a.m. – 12 p.m.
Notice of Public Hearing: 555 CMR 9.00: Initial Certification of Officers; and Initial or Renewed Certification of Independently Applying Officers, Including Constables
Under the authority of M.G.L. c. 6E, § 3(a)(28) and pursuant to M.G.L. c. 30A, the Massachusetts Peace Officer Standards and Training Commission (the “Commission”) will conduct a public hearing to gather comments, ideas, and information concerning a proposed set of regulations,
Summary of Proposed Regulations: The proposed regulations would establish requirements and procedures for any individual to be initially certified as a law enforcement officer and for any independently applying individual, including any constable, to be initially certified or recertified as a law enforcement officer. The regulations would also prescribe procedures for applicants to obtain review of adverse decisions and outline the implications of certification decisions. Additionally, the regulations would provide for constables to be supervised in specified ways by qualified individuals, and would address constables’ powers and duties.
Notice of Public Hearing: 555 CMR 11.00: Regulatory Action and Advisory Opinions
Under the authority of M.G.L. c. 6E, § 3(a)(28) and pursuant to M.G.L. c. 30A, the Massachusetts Peace Officer Standards and Training Commission (the “Commission”) will conduct a public hearing to gather comments, ideas, and information concerning a proposed set of regulations, 555 CMR 11.00: Regulatory Action and Advisory Opinions.
Summary of Proposed Regulations: The proposed regulations would establish procedures for members of the public to request that the Commission issue regulations or advisory opinions, and for the Commission to do so. They would outline a petitioning process, prescribe steps for Commission personnel to take in response to petitions, detail the effect that advisory opinions would have, and preserve the Commission’s ability to take action in the absence of a petition.
Public Hearing Notice: Proposed regulations 555 CMR 11.00: Regulatory Action and Advisory Opinions
Proposed regulations: 555 CMR 11.00: Regulatory Action and Advisory Opinions
Meeting summary: The meeting began with approval of the May 11, 2023 meeting minutes. Executive Director Enrique Zuniga provided a certification update, discussion of personal officer contact information, disciplinary records update and presented an FY24 budget and administrative update. The Legal team shared a draft of the Guidance to Law Enforcement Agencies and Prosecuting Offices regarding 555 CMR 1.00 and 6.00, and provided an overview of the public hearing on 555 CMR 9.00. The Commission also recognized outgoing Commissioners Kim West and Michael Wynn with certificates of appreciation.