Current through Register 1531, September 27, 2024
(1)
General Standards Utilized by
Employing Agency and Commission. Any assessment of whether an
officer possesses good character and fitness for employment shall take into
account on-duty and off-duty conduct.
(2)
Submission by Employing
Agency.
(a) Each officer's
employing agency shall provide a submission to the commission concerning
whether an officer possesses good character and fitness for employment, in
accordance with commission policy.
In assessing good character and fitness for employment, an
employing agency may take into account whether an officer adheres to state and
federal law, acts consistently with recognized standards of ethics and conduct
adopted by the employing agency or as set forth in the Law Enforcement Code of
Ethics and Standards of Conduct most recently adopted by the International
Association of Chiefs of Police, and is worthy of the public trust and of the
authority given to law enforcement officers. In making such an assessment, the
agency also may rely on questionnaires, any guidance or forms approved by the
Commission, performance reviews, relevant education, specialized training,
professional awards, achievements, commendations by law enforcement agencies or
officials or others, instances of imposed discipline, patterns of misconduct,
and any other evidence of past performance. (b) If an employing agency
determines that an officer possesses good character and fitness for employment,
the agency shall provide, upon request by the commission, documentation
supporting such a determination.
(c) If an employing agency determines that it
cannot find that an officer possesses good character and fitness for
employment, the employing agency shall make a written report to the commission,
a copy of which shall be simultaneously provided to the officer and the head of
the officer's collective bargaining unit.
1.
The written report shall contain an explanation for the agency's determination
including, but not limited to, a description of specific conduct supporting the
agency's determination. The written report must be sufficient to permit the
commission to evaluate the basis for the employing agency's determination, and
to permit the commission to determine whether the officer possesses good
character and fitness for employment.
2. As to each instance of specific conduct
cited in the agency's report as evidence that the officer may lack good
character and fitness for employment, the employing agency shall address:
a. Any discipline imposed or decision issued
by an authority as a result of the conduct, or the reason(s) why there was no
discipline or decision;
b. The
extent to which the officer complied with any such discipline or
decision;
c. Any similar conduct
allegedly undertaken by the officer subsequent to any such discipline or
decision; and
d. The dates of each
instance of conduct, and imposition of discipline or issuance of a
decision.
(d)
Response by Officer. Within 14 calendar days of the
submission of the report to the commission, or a longer period of time allowed
by the commission upon a showing of good cause, the officer may submit a
written response to the commission, a copy of which shall be simultaneously
provided to the officer's employing agency.
(3)
Assessment and Determination
by Commission.
(a) The division
of certification shall render an initial determination as to whether an officer
possesses good character and fitness for employment, in accordance with any
protocols adopted by the commission, upon giving due consideration to all
information available to it including, but not limited to, the following:
1. An attestation that an officer possesses
good character and fitness for employment and accompanying
information;
2. Any report by an
employing agency of the type described in 555 CMR 7.05(2)(c); and
3. Any response by an officer of the type
described in 555 CMR 7.05(2)(d).
(b) The division of certification may, to the
extent reasonably possible, obtain additional information that may prove
helpful in determining whether an officer possesses good character and fitness
for employment.
(4)
Consideration of Particular Matters. In rendering a
determination regarding an officer's good character and fitness for employment,
unless there have been allegations that an officer has engaged in multiple
instances of similar or related misconduct or protocols adopted by the
commission provide otherwise, neither the employing agency nor the division of
certification shall consider an allegation of a particular instance of
misconduct, where:
(a) An authority has made a
decision in the officer's favor on the merits of a complaint alleging such
misconduct;
(b) The alleged
misconduct is currently the subject of a pending investigation or adjudication
by any authority;
(c) The officer
has complied, or is in the process of complying, with any disciplinary action
or other adverse decision by an authority, in relation to the alleged
misconduct, and the officer has not engaged in any similar conduct since the
discipline or decision;
(d) The
alleged misconduct did not result in either a disciplinary proceeding or court
action, and the employing agency has not offered a reasonable explanation as to
why no such proceeding or action was commenced; or
(e) The allegation is not specifically and
credibly supported.
