Code of Massachusetts Regulations
555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION
Title 555 CMR 9.00 - Initial Certification of Officers; and Renewed Certification of Independently Applying Officers
Section 9.07 - Good Character and Fitness for Employment
Universal Citation: 555 MA Code of Regs 555.9
Current through Register 1531, September 27, 2024
(1) Any assessment of whether an applicant possesses good character and fitness for employment, by an endorsing law enforcement agency or by the Division:
(a)
Shall involve due consideration of:
1. The
results of a background check conducted in accordance with
555
CMR 9.05;
2. The applicant's responses to any
questionnaire that the Commission prescribed for use in such a certification
process;
3. Any available
information regarding the statements and conduct of the applicant in an oral
interview conducted in accordance with
555
CMR 9.06;
4. Commission records concerning the
individual, including:
a. Those related to any
prior certification applications filed on behalf of the individual; and
b. Those concerning any
disciplinary proceedings against the individual;
5. All other available information regarding
the applicant; and
6. The
applicant's on-duty and off-duty conduct;
(b) May also take into account:
1. Whether the applicant adheres to state and
federal law, acts consistently with recognized standards of ethics and conduct
as set forth in the October 1957 Law Enforcement Code of Ethics and July 2019
Standards of Conduct 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;
2.
Questionnaires, 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;
3. Information regarding the applicant that
has been obtained by:
a. Requesting that the
applicant provide names of or letters from professional references, in addition
to any who provided letters in connection with the application, and contacting
those professional references to discuss the applicant;
b. Posting a notice concerning the
application on a website, and inviting members of the public to provide comment
on the application within a reasonable period of time;
c. Affording the applicant further
opportunities to respond to any information or allegations that have surfaced;
or
d. Taking other reasonable
steps;
(c)
Shall not, unless there has been an allegation that an applicant has engaged in
multiple instances of similar or related misconduct, or protocols adopted by
the Commission provide otherwise, take into account an allegation of a
particular instance of misconduct, where:
1.
An authority has made a decision in the applicant's favor on the merits of a
complaint alleging such misconduct;
2. The alleged misconduct is currently the
subject of a pending investigation or adjudication by any authority;
3. The applicant 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 applicant has not
engaged in any similar conduct since the discipline or decision;
4. The alleged misconduct did not result in
either a disciplinary proceeding or court action, and the employer, if any, has
not offered a reasonable explanation as to why no such proceeding or action was
commenced; or
5. The allegation is
not specifically and credibly supported; and
(d) Shall otherwise conform to any protocols
developed by the Commission.
(2) After a law enforcement agency completes an assessment of whether an applicant possesses good character and fitness for employment:
(a) If the agency concludes that
the applicant possesses such character and fitness, the agency must execute an
attestation to that effect in a form prescribed by the Commission in order to
serve as an endorsing law enforcement agency for the applicant;
(b) If the agency does not conclude that the
applicant possesses such character and fitness, the agency may not serve as an
endorsing law enforcement agency for the applicant; and
(c) The agency shall provide documentation
concerning the applicant and the agency's assessment upon request by the
Commission.
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