
Draft With An Amendment is Accepted As Prelude To Public Hearing
The Massachusetts POST commission is moving forward on a set of draft regulations that will govern the way it will conduct various audits of police agency records, pursuant to their 9C authority. This shift toward auditing now places police administrators on notice, inserting them as key players in the slowly emerging matrix of state control over police operations. The procedures are intended to ensure compliance with the record keeping requirements of the POST statute. Repeated failures to comply with the record keeping requirements may result in administrative suspensions for those charged with their management until such compliance is achieved.
Audits may be triggered whenever POST has reason to believe that an agency is not forwarding required reports. POST Special Counsel Randy Ravitz walked the commission through a hypothetical audit scenario under the new draft guidelines. The scenario he selected was that of an agency that had failed to submit reports related to complaints made by non-police employees of departments against officers. The point of origin for all audits begins with the Executive Director, who determines on a case-by-case basis, the goals and objectives of the audit, its scope, and the complete universe of records that must be accessed. Deadlines for various phases of the audit will also be established.
An effort will be made to seek cooperation from the agency head. Points of contact will be identified. Commitments from the agency for internal support will be sought, and a notification to the department will be made. POST will retain the discretion to either conduct the audit of the agency by itself, or allow the agency to secure an outside auditor to come in and perform the review.
Once the audit begins key objectives will includedetermining; whether or not compliance with POST statutes or regulations was actually achieved, whether instances ofnoncompliance were identified and if so, was it due to error, improper training or suppression. Following the completion of the audit a formal report to include findings will be released to the Mayor, Select Board or City Council of the municipality involved. This report will specifically address whether there was evidence of suppression, whether training was an issue or whether bureaucratic issues obstructed the process. This latter concern was raised with regard to the fact that many smaller agencies utilize joint Human Resource services. Non-police affiliated employees in these departments may not be aware ofthe POST reporting requirements. The audit report will also list any positive aspects that were found. Attorney Ravitz identified the purpose of the audits as a “vehicle to ensure police departments are adhering to best practices.”
Commissioner Bluestone raised the concern that the draftdid not contain any appeal process for the agency that was the subject of the audit. Both Ravitz and Executive Director Zuniga indicated that none was included because all POST actions are subject to appeal either to the Executive Director or to the Commission as a whole. Bluestone was not satisfied and she pressed for the addition of an appeal provision in the draft. The Executive Director committed to make that addition. The Commission unanimously approved the draft regulations withthat condition. The regulations will now face public hearing, a date has yet to named.
(Report Filed by Dennis Galvin)
ASHLAND CHIEF WILL NOT FACE SANCTION BY THE POST COMMISSION
Clear and Convincing Evidence of Unprofessional Conduct Is Not Found
A state commission has ruled that Ashland Police Chief Cara Rossi will not be sanctioned for two separate incidents, one of which occurred when she was a Natick police lieutenant and the other after she became Ashland’s chief. The Peace Officers Standards and Training (POST) Commission conducted aninvestigation and held a hearing in connection with Rossi’s handling of a sexual assault investigation involving a Natick dispatcher and police sergeant, while she was a lieutenant in Natick. She was also investigated for an argument with a Natick sergeant about the POST investigation. The Commission concluded “there is no clear and convincing evidence that (Rossi) engaged in a pattern of unprofessional conduct that may escalate,” according to the finding. Additionally, the Commission did not find that (Rossi) would benefit in (her) job performance if retrained.’ Accordingly, the Commission has decided to terminate the matter without imposition of discipline.”
(This Article was reported in the May 23 2024 edition of Metro West News)
REMINDER: MAPLE GENERAL MEETING JUNE 5TH 2024
Chief Lester Baker, POST Commission To Speak: IL Forno’s Restaurant Littleton MA
This is a reminder that MAPLE will conduct its spring general membership meeting on Wednesday June 5th 2024 at Il Forno’s Restaurant in Littleton MA. Reception begins at 11A,
Lunch as 12P and Business meeting starts at 1P. Featured speaker is Chief Lester Baker of the POST Commission. If you plan to attend please RSVP to this email or to 978-846-2635.