“95% Correct Is Not Good Enough” – Chief Lester Baker Framingham Police
The Fallout from the recent decision by the Massachusetts POST commission to disclose thousands of disciplinary records of police officers in Massachusetts was very evident in the commissions monthly meeting held on September 14, 2023 on zoom. Executive Director Enrique Zuniga reported a 95% accuracy rate with regard to the police disciplinary records that were recently posted online on the commissions web site. Framingham Chief Lester Baker, who recently replaced Pittsfield Chief Wynn on the commission, made it very clear, that he was not satisfied with that result. Baker said: “when it comes to people’s reputations and careers, POST has to be 100% correct”.
Zuniga reported that he received pushback from the Mass State Police, the Major City Chiefs, MACLEA and the Fraternal Order of Police, who urged that the information be taken town until it is corrected. Zuniga said that the information will be corrected but it will not be taken down.
The Commission, staff and the Executive Director found themselves in a quandry due to a lack of a clear definition concerning discipline. Zuniga reported that the State Police complained that their use of “Letters of Counseling” should not be considered discipline, they are used for coaching and instruction. The Springfield Police said that officers assigned to retraining should not be considered discipline, and Commissioner Calderone added that many departments, Boston included, document verbal warnings or coachings. He asked the members how they would feel if every time their boss spoke them it was reported on line. The comments prompted commissioner Luna to suggest that the commission get a clear definition of what constitutes discipline.
In other business, the Commission rejected a proposal to issue identification cards to certified officers because of cost and duplication. A review of 555 CMR 1.0 regarding complaints was conducted. Attorney Randy Kravitz offered the following suggestions to the commission: extend the reporting period on complaints from 24hrs to 3 days to allow a determination of credibility. More work needs to be done on defining a credible complaint. Officers will be notified whenever a complaint is issued against them. A review of 555 CMR 6.0 police use of force was conducted. Attorney Kravitz said that clarifying language would be added to the section on de-escalation that references criminal summonses as a de-escalation tactic. He said that POST will clarify that criminal summonses are not being mandated, they are suggested and that officers retain full discretion as to whether to issue a summons or make an arrest.