Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 7.00 - Recertification › Section 7.05 - Determination of Good Character and Fitness for Employment

Current through Register 1525, July 5, 2024
(1)
General Standards Utilized by
			 Employing Agency and Commission
. Any assessment of whether an
			 officer possesses good character and fitness for employment shall take into
			 account on-duty and off-duty conduct.
(2)
Submission by Employing
			 Agency
.
(a) Each officer's
			 employing agency shall provide a submission to the commission concerning
			 whether an officer possesses good character and fitness for employment, in
			 accordance with commission policy.
In assessing good character and fitness for employment, an
				employing agency may take into account whether an officer adheres to state and
				federal law, acts consistently with recognized standards of ethics and conduct
				adopted by the employing agency or as set forth in the Law Enforcement Code of
				Ethics and Standards of Conduct most recently 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. In making such an assessment, the
				agency also may rely on questionnaires, any guidance or forms approved by the
				Commission, 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. (b) If an employing agency
				determines that an officer possesses good character and fitness for employment,
				the agency shall provide, upon request by the commission, documentation
				supporting such a determination.
(c) If an employing agency determines that it
			 cannot find that an officer possesses good character and fitness for
			 employment, the employing agency shall make a written report to the commission,
			 a copy of which shall be simultaneously provided to the officer and the head of
			 the officer's collective bargaining unit.
1.
			 The written report shall contain an explanation for the agency's determination
			 including, but not limited to, a description of specific conduct supporting the
			 agency's determination. The written report must be sufficient to permit the
			 commission to evaluate the basis for the employing agency's determination, and
			 to permit the commission to determine whether the officer possesses good
			 character and fitness for employment.
2. As to each instance of specific conduct
			 cited in the agency's report as evidence that the officer may lack good
			 character and fitness for employment, the employing agency shall address:
a. Any discipline imposed or decision issued
			 by an authority as a result of the conduct, or the reason(s) why there was no
			 discipline or decision;
b. The
			 extent to which the officer complied with any such discipline or
			 decision;
c. Any similar conduct
			 allegedly undertaken by the officer subsequent to any such discipline or
			 decision; and
d. The dates of each
			 instance of conduct, and imposition of discipline or issuance of a
			 decision.
(d)
Response by Officer
. Within 14 calendar days of the
			 submission of the report to the commission, or a longer period of time allowed
			 by the commission upon a showing of good cause, the officer may submit a
			 written response to the commission, a copy of which shall be simultaneously
			 provided to the officer's employing agency.