The POST Commission briefly reviewed their suspension authority under MGL Chapter 6E Section 9. The Commission has the right under the statute to “immediately” suspend the certification of any officer, who is arrested or indicted for a felony. The Commission can also suspend, if after a review of a case through a “adjudicatory proceeding” they find there is a “preponderance of evidence” to establish that an officer has engaged in conduct that constitutes a felony. The commission also has the right to suspend certification in cases of misdemeanors, where they determine by a “preponderance of evidence” that the crime “affects the fitness” of the officer. Additionally, an officer’s certification may be suspended if after a review of facts the Commission concludes that such suspension is in the best interest of the “health, safety or welfare” of the public. All suspension orders issued by the commission shall remain in effect until the issuance of a final decision or until revoked by the commission. Officers who fail to attend required in-service training can have their certifications suspended until such time as they complete such training, which must done within 90 days of the notice of suspension. The commission can issue exemptions to this requirement for injury or physical disability, leaves of absence and other documented hardships. Officers will be immediately re-instated following compliance with the in-service training requirement. If an officer is suspended by the commission, he or she is entitled to a hearing within 15 days. The terms of an officer’s employment is also subject to MGL Chapter 31 and any applicable collective bargaining agreement to which the officer is a beneficiary.
( Cautionary Note: The information reported above was gleaned from monitoring the discussions that occur at the POST Commission meeting of March 16, 2023. This information should not be relied upon as the definitive position of the POST Commission. Any actions or planned actions taken or anticipated by officers and administrators should not be based solely upon this information but should be independently confirmed through the POST Commission )