(1)
The Division shall develop, and shall make available on the Commission website,
the following:
(a) An application form for an
endorsed applicant, which shall, at a minimum:
1. Direct the endorsing law enforcement
agency to:
a. Conduct a background check in
accordance with
555
CMR 9.05;
b. Conduct an oral interview on behalf of the
Commission in accordance with
555
CMR 9.06; and
c. Assess whether the applicant possesses
good character and fitness for employment in accordance with
555
CMR 9.07;
2. Inform the agency that it may not serve as
an endorsing law enforcement agency for the applicant if it has not determined
that the applicant possesses such character and fitness;
3. Instruct the agency that, if it determines
that the applicant possesses such character and fitness, it must:
a. Complete a character and fitness
attestation form in accordance with
555
CMR 9.07;
b. Indicate whether the applicant satisfies
each other applicable standard set forth in
555
CMR 9.08(2);
c. Ensure that a representative affirms the
veracity of the information provided under the pains and penalties of perjury
and/or the risk of disciplinary action pursuant to M.G.L c. 6E, §§
3(a), 4(f)(4), 5(c), 8, 9, and/or 10; and
d. Maintain documentation concerning the
applicant;
4. Inform the
agency that such documentation may be requested by the Commission;
5. Request that the agency identify the head
of the applicant's collective bargaining unit, if any; and
6. Require the agency to provide an email
address that may be used for correspondence related to the certification
process for each of the following:
a. The
agency;
b. The applicant; and
c. The head of the applicant's
collective bargaining unit, if the unit head is identified by name in the
application;
(b) An application form for an independent
applicant, which shall, at a minimum:
1.
Direct the applicant to:
a. Submit, or cause
to be submitted, the information and materials identified in
555
CMR 9.04(5);
b. Affirm the veracity of the information
provided under the pains and penalties of perjury and/or the risk of
disciplinary action pursuant to M.G.L c. 6E, §§ 3(a), 4(f)(4), 8, 9,
and/or 10; and
c. Maintain
documentation relevant to the application;
2. Inform the applicant that such
documentation may be requested by the Commission;
3. Request that the applicant identify the
head of the applicant's collective bargaining unit, if any; and
4. Require the applicant to provide an email
address that may be used for correspondence related to the certification
process for each of the following:
a. The
applicant;
b. The applicant's
appointing authority, if any; and
c.
The head of the applicant's collective bargaining unit, if the unit head is
identified by name in the application.
(c) A character and fitness attestation form
for an endorsed applicant, which shall direct an endorsing law enforcement
agency to discuss its assessment of the applicant's good moral character and
fitness for employment in a specified manner;
(d) A professional reference form for an
independent applicant, which shall, at a minimum:
1. Recite the standards set forth in
555
CMR 9.08(2);
2. Request that the professional reference
discuss the extent to which the applicant possesses good character and fitness
for employment;
3. Request that the
professional reference maintain documentation concerning the applicant;
and
4. Inform the professional
reference that such documentation may be requested by the Commission;
and
(e) A background
check form for an independent applicant, by which the applicant may authorize a
background check by the Commission in accordance with
555
CMR 9.05.
(2) The Commission shall prescribe a fee for
the Commission to conduct its own background check concerning an applicant in
accordance with
555
CMR 9.05, pursuant to M.G.L. c. 6E, §
3(a)(22).
(3) The Executive
Director shall set a deadline by which an independent applicant who is
certified must submit an application in order to benefit from
555
CMR 9.03.
The Executive Director may extend the initial deadline or any
revised deadline for good cause, provided that no extension exceeds 30 calendar
days.
(4) An endorsed
applicant will be considered for certification only where the endorsing law
enforcement agency submits to the Division a completed application form that:
(a) Is accompanied by a completed character
and fitness attestation form in accordance with
555
CMR 9.07;
(b) Addresses whether the applicant satisfies
each other applicable standard set forth in
555
CMR 9.08(2);
(c) Is signed by a representative of the
agency under the pains and penalties of perjury and/or the risk of disciplinary
action pursuant to M.G.L c. 6E, §§ 3(a), 4(f)(4), 5(c), 8, 9, and/or
10; and
(d) An employment and
disciplinary record for the applicant that, at a minimum, includes information
on:
1. Each position in law enforcement in
which the applicant has served;
2.
Each complaint concerning the applicant's conduct while serving in law
enforcement; and
3. Each form of
discipline to which the applicant was subject while serving in law
enforcement.
(5) An independent applicant will be
considered for certification only where the applicant:
(a) Submits to the Division a completed
application form that:
1. Addresses whether
the applicant satisfies each standard set forth in
555
CMR 9.08(2); and
2. Is signed by the applicant under the pains
and penalties of perjury and/or the risk of disciplinary action pursuant to
M.G.L c. 6E, §§ 3(a), 4(f)(4), 8, 9, and/or 10;
(b) Causes the following to be submitted to
the Division:
1. Professional reference forms
completed by three professional references, at least one of which is a
certified law enforcement officer, that address whether the applicant possesses
good character and fitness for employment;
2. Either of the following:
a. All information generated by a background
check conducted by a law enforcement agency in accordance with
555
CMR 9.05; or
b. A completed background check form
providing authorization from the applicant for the Commission to conduct a
background check in accordance with
555
CMR 9.05, along with any prescribed
background check fee;
3.
An employment and disciplinary record for the applicant that, at a minimum,
includes information on:
a. Each position in
law enforcement in which the applicant has served;
b. Each complaint concerning the applicant's
conduct while serving in law enforcement; and
c. Each form of discipline to which the
applicant was subject while serving in law enforcement.