MA Gen L ch 6e § 10 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title II - Executive and Administrative Officers of the Commonwealth|Chapter 6e - Massachusetts Peace Officer Standards and Training Commission|Section 10 - Revocation of Officer Certification

[Text of section added by 2020, 253, Sec. 30 effective July 1, 2021. See 2020, 253, Sec. 122.]  Section 10. (a) The commission shall, after a hearing, revoke an officer's certification if the commission finds by clear and convincing evidence that:  (i) the officer is convicted of a felony;  (ii) the certification was issued as a result of administrative error;  (iii) the certification was obtained through misrepresentation or fraud;  (iv) the officer falsified any document in order to obtain or renew certification;  (v) the officer has had a certification or other authorization revoked by another jurisdiction;  (vi) the officer is terminated by their appointing agency, and any appeal of said termination is completed, based upon intentional conduct performed under the color of office to: obtain false confessions; make a false arrest; create or use falsified evidence, including false testimony or destroying evidence to create a false impression; engage in conduct that would constitute a hate crime, as defined in section 32 of chapter 22C; or directly or indirectly receive a reward, gift or gratuity on account of their official services;  (vii) the officer has been convicted of submitting false timesheets in violation of section 85BB of chapter 231;  (viii) the officer knowingly files a written police report containing a false statement or commits perjury, as defined in section 1 of chapter 268;  (ix) the officer tampers with a record for use in an official proceeding, as defined in section 13E of chapter 268;  (x) the officer used force in violation of section 14;  (xi) the officer used excessive use of force resulting in death or serious bodily injury;  (xii) the officer used a chokehold in violation of said section 14;  (xiii) the officer engaged in conduct that would constitute a hate crime, as defined in section 32 of chapter 22C;  (xiv) the officer engaged in the intimidation of a witness, as defined in section 13B of chapter 268;  (xv) the officer failed to intervene, or attempt to intervene, to prevent another officer from engaging in prohibited conduct or behavior, including, but not limited to, excessive or prohibited force in violation of section 15;  (xvi) the officer is not fit for duty as an officer and the officer is dangerous to the public, as determined by the commission.  (b) The commission may, after a hearing, suspend or revoke an officer's certification if the commission finds by clear and convincing evidence that the officer:  (i) has been convicted of any misdemeanor;  (ii) was biased on the basis of race, ethnicity, sex, gender identity, sexual orientation, religion, mental or physical disability, immigration status or socioeconomic or professional level in their conduct;  (iii) has a pattern of unprofessional police conduct that commission believes may escalate;  (iv) was suspended or terminated by their appointing agency for disciplinary reasons, and any appeal of said suspension or termination is completed; or  (v) has repeated sustained internal affairs complaints, for the same or different offenses.  (c) The commission may reinstate the certificate of an officer suspended pursuant to subsection (b) at the expiration of the suspension, if the commission finds that all conditions of the suspension were met.  (d) The commission may, after a hearing, order retraining for any officer if the commission finds substantial evidence that the officer:  (i) failed to comply with this chapter or commission regulations, reporting requirements or training requirements;  (ii) was biased on the basis of race, ethnicity, sex, gender identity, sexual orientation, religion, mental or physical disability, immigration status or socioeconomic or professional level in their conduct;  (iii) used excessive force;  (iv) failed to respond an incident according to established procedure;  (v) has a pattern of unprofessional police conduct;  (vi) was untruthful, except for a statement or action that mandates revocation pursuant to subsection (a);  (vii) was suspended or terminated by their appointing agency for disciplinary reasons, except those reasons which mandate revocation pursuant to said subsection (a);  (viii) fails to intervene to prevent another officer from engaging in prohibited conduct or behavior, except a failure to intervene in conduct that mandates revocation pursuant to said subsection (a); or  (ix) would benefit in their job performance if retrained.  (e) The commission shall immediately notify the officer and the head of the appointing agency of the officer who is decertified, suspended or ordered to undergo retraining of the order.  (f) The commission shall conduct preliminary inquiries, revocation and suspension proceedings and hearings, and promulgate regulations for such proceedings and hearings, pursuant to sections 1, 8 and 10 to 14, inclusive, of chapter 30A. Any decision of the commission relative to a preliminary inquiry, revocation and suspension proceeding shall be appealable pursuant to chapter 30A. No adverse action taken against a certification by the commission pursuant to this section shall be appealable to the civil service commission established under chapter 31. No employment action taken by an appointing authority that results from a revocation by the commission pursuant to subsection (a) shall be appealable to the civil service commission established under chapter 31.  (g) The commission shall publish any revocation order and findings. The commission shall provide all revocation information to the national decertification index. No officer may apply for certification after that officer's certification has been revoked pursuant to this section.  (h) An appointing agency shall complete an internal affairs investigation into officer misconduct and issue a final disposition within one year of receiving a complaint or notice from the commission of the complaint being filed. The commission may, upon a showing of good cause, extend the time to complete the investigation. The commission shall not institute a revocation or suspension hearing pursuant to this section until the officer's appointing agency has issued a final disposition or 1 year has elapsed since the incident was reported to the commission, whichever is sooner. If the officer notifies the commission that the officer wishes to suspend such hearing pending an appeal or arbitration of the appointing agency's final disposition, the commission shall suspend the hearing. Any such suspension of the hearing shall not exceed 1 year from the officer's notice to the commission; provided, however, that at any time during which the hearing is so suspended and upon a showing of good cause by the officer, the commission shall further suspend the hearing for a period of not less than 6 months and not more than the commission determines is reasonable; provided, however, that any delay in instituting a revocation or suspension hearing shall not exceed 1 year from the officer's request. If the officer notifies the commission that the officer wishes to suspend such hearing pending the resolution of criminal charges, the commission shall suspend the hearing; provided, however, that the officer's certification shall be suspended during the pendency of any delay in such hearing. This subsection shall not impact the commission's authority to suspend a certification pursuant to section 9.