Code of Massachusetts Regulations
555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION
Title 555 CMR 1.00 - Procedural Rules
Section 1.01 - Review of Complaints by Agency
Universal Citation: 555 MA Code of Regs 555.1
Current through Register 1531, September 27, 2024
(1) Transmittal of Complaint by Agency to Commission. The head of an agency shall, within two days of their receipt of a complaint, which is any credible report, written or oral, evidencing or alleging the misconduct of an officer from a member of the public, personnel at the agency, or any other source, do the following:
(a) if the
complaint is related to minor matters, a category that includes discourtesy and
basic work rule violations such as tardiness, inattention to detail, equipment
violations, grooming violations, or comparable infractions and the complaint
does not involve evidence or an allegation of: bias on the basis of race,
ethnicity, sex, gender identity, sexual orientation, age, religion, mental or
physical disability, immigration status, or socioeconomic or professional
level; excessive, prohibited, or deadly force; or an action which resulted in
serious bodily injury or death;
1. refer the
complaint for resolution under the agency's internal resolution policy, which
shall comply with any minimum requirements established by the commission; if
the agency does not have an internal resolution policy, if the agency's
internal resolution policy is not in compliance with the minimum requirements
established by the commission, or if the matter cannot be resolved under
555
CMR 1.01(1)(a)1. for any
other reason;
2. the agency shall
maintain any documentation of the complaint, the name and commission
certification identification number of the subject officer, a brief summary of
the nature of the conduct that is the subject of the complaint, and any other
documentation that the agency deems material to an understanding of the
complaint and the agency's handling of the complaint or that the commission
directs the agency to maintain; and
3. make any such complaint available to the
commission upon request, or under any policy that may be established by the
commission.
(b) if the
complaint does not relate to minor matters as described in
555
CMR 1.01(1)(a), transmit a
description of the complaint, whether or not the complaint was written, and a
copy of any documentation of the complaint to the division of standards, and
provide the following information, if known, in a form to be prescribed by the
commission:
1. the name and commission
certification identification number of the subject officer;
2. the date and location of the incident
giving rise to the complaint;
3.
the identity of the alleged victim of the misconduct described in the
complaint;
4. the alleged victim's
race, ethnicity, sex, gender identity, sexual orientation, age, religion,
mental or physical disability, immigration status, socioeconomic or
professional level, and any other relevant demographic information if the
victim volunteered such information, provided that nothing herein should be
construed to require that such information be elicited from the alleged victim
or complainant; and
5. whether the
complainant alleges that the officer's conduct:
a. was biased on the basis of race,
ethnicity, sex, gender identity, sexual orientation, age, religion, mental or
physical disability, immigration status or socioeconomic or professional
level;
b. was
unprofessional;
c. involved
excessive, prohibited or deadly force; or
d. resulted in serious bodily injury or
death.
(c)
notwithstanding the foregoing:
1. Anonymous
complaints that do not provide an adequate basis for investigation need not be
forwarded to the commission.
2. An
agency need not forward to the commission any investigatory materials that were
necessarily compiled out of the public view by law enforcement or other
investigatory officials, the disclosure of which materials to the commission
would prejudice the possibility of effective law enforcement to the extent that
such disclosure would not be in the public interest.
3. An agency shall forward any pattern of
complaints alleging the misconduct of an officer to the commission.
4. An agency may forward any complaint other
than those set out in
555
CMR 1.01(1)(b) at the
agency's discretion.
(2) Minimum Standards for Internal Investigation by Agency.
(a) The agency shall commence, as soon as
practicable, but in any case within 14 days of the receipt of the complaint by
the agency, an internal investigation of the subject matter of any complaint
forwarded to the division of standards under
555
CMR 1.01(1)(b). If the
agency anticipates that the investigation cannot be commenced within 14 days
due to investigatory efforts by another governmental body, the agency shall
promptly request an extension of time from the division of standards and
provide in the request a proposed schedule for commencing the investigation and
the reasons for the need for additional time to commence the investigation,
prior to the expiration of the 14 days.
(b) The internal investigation may, but in
the case of a complaint alleging an officer-involved injury or death, improper
use of force, or biased behavior shall, be assigned to an investigator employed
by the agency or to an outside investigator retained by the agency. The
investigator shall be free from conflict of interest, bias, prejudice, or
selfinterest, and shall report, for the purpose of the investigation, directly
to the head of the agency, or to a designated official immediately subordinate
to the head of the agency, unless the head of the agency or immediate
subordinate is the subject of, or implicated by, the complaint, or is otherwise
unable to supervise the investigator due to conflicts of interest, or the
potential for bias, prejudice, or self-interest whether apparent or
perceived.
(c) The investigator
shall:
1. begin the investigation by taking
all reasonable steps necessary to preserve, and consider, all potentially
relevant evidence including, but not limited to, documents, e-mails, text
messages, photographs, audio and video recordings, and the like;
2. after taking all reasonable steps
necessary to preserve all potentially relevant evidence as described in
555
CMR 1.01(2)(c)1., as soon as
reasonably possible, to the extent it will not prejudice the internal
investigation, notify the officer and the head of their collective bargaining
unit that an internal investigation is being conducted; and
3. conduct, to the extent feasible,
interviews of relevant witnesses, including but not limited to the complainant,
the alleged victim if different from the complainant, the officer implicated by
the complaint, and all other officers and individuals who were present at or
witnessed the incident. Such interviews should be audio recorded if feasible.
Officers and other interviewees shall have the right to be represented by
counsel, union representatives, or other representatives, to the same extent
they would under their Agency's policies or other applicable authority. The
agency shall, at its expense, provide translation services where necessary to
conduct an interview.
(d) The investigation shall be conducted
confidentially to the extent permitted by law.
(e) The investigation shall be completed as
soon as practicable, but in any case, within 90 days of the agency's receipt of
the complaint. If the agency anticipates that the investigation will take
longer than 90 days, the agency shall promptly request an extension of time
from the division of standards and provide in the request a proposed schedule
for completion of the investigation and the reasons for the need for additional
time to complete the investigation, prior to the expiration of the 90
days.
(3) Internal Investigation Reports. Upon completion of the internal investigation, the head of the agency shall immediately transmit an investigation report signed by the investigator to the division of standards, in a form to be prescribed by the division of standards, which shall include:
(a) a statement of the evidence or allegation
of the complaint;
(b) a description
of the investigation and disposition of the complaint, including any
disciplinary action recommended by the investigator or a supervising officer to
the head of the agency and any disciplinary action imposed by the head of the
agency;
(c) a list of any witnesses
interviewed, whether each interview was recorded and if not, the reasons for
not recording the interview, and a description of all evidence
collected;
(d) whether any witness
or evidence was inaccessible and a description of the circumstances evidencing
the unavailability of said witness, and whether any relevant evidence was
destroyed or lost and a description of the circumstances of such a destruction
or loss;
(e) the facts found by the
investigator;
(f) a determination
by the investigator of whether the facts sufficiently reflect conduct
proscribed by law or standards applicable to officers;
(g) the reasons for any delay in completion
of the investigation report beyond the 90 days set forth in
555
CMR 1.01(2)(e);
(h) if any disciplinary action recommended by
the investigator or a supervising officer, or imposed by the head of the agency
included retraining, suspension, or termination, a recommendation by the head
of the agency as to whether and how the commission should impose the
recommended disciplinary action including, but not limited to, retraining,
suspension, or revocation of the officer's certification; and
(i) whether the officer is represented by
counsel or other authorized representative.
(4) Final Disposition of Internal Investigations by an Agency. Upon determining the final disposition of the complaint and final discipline to be imposed by the agency, if any, the head of the agency shall immediately transmit to the division of standards a final report in a form to be prescribed by the commission, which shall include:
(a) a description of the
adjudicatory process;
(b) any
disciplinary action initially recommended by the investigator or a supervising
officer;
(c) any discipline imposed
by the head of the agency;
(d) if
the disciplinary action recommended by the investigator or a supervising
officer, or imposed by the head of the agency included retraining, suspension,
or termination, a recommendation by the head of the agency with supporting
facts based on the investigation report and other relevant information as to
whether and how the commission should impose the recommended disciplinary
action including, but not limited to, retraining, suspension, or revocation of
the officer's certification; and
(e) whether the officer is represented by
counsel or other authorized representative.
(5) Notice of Officer Resignation Pending Agency Internal Investigation or Discipline. If an officer resigns prior to the conclusion of an internal investigation by the agency or prior to the imposition of agency discipline:
(a) The head of the agency shall immediately
transmit to the division of standards a report in a form to be prescribed by
the commission, which at a minimum shall include:
1. the officer's full employment history,
including dates of hire, resignation, retirement, any promotions and
assignments; a chronology of any complaints, internal investigations,
reprimands, discipline imposed, retraining, or other applicable sanctions; and
any commendations and awards received by the officer related to his or her duty
as an officer.
2. a description of
the circumstances, events or complaints surrounding the officer's
resignation;
3. the status or
results of any investigation as of the date of the transmission of the report
to the commission regarding those events or complaints; and
4. a recommendation by the head of the agency
as to whether and how the commission should impose disciplinary action by the
commission, including suspension or revocation of the officer's certification,
or the conditions the officer must meet prior to applying for any reinstatement
or certification, if such reinstatement or certification is
appropriate.
(b) The
agency shall, nonetheless, complete the investigation regardless of the
officer's resignation, and, once the investigation is completed, transmit a
report that conforms to
555
CMR 1.01(3) to the division
of standards.
Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
