reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 7.00 - Recertification › Section 7.06 - Evaluation of Recertification Standards

Current through Register 1525, July 5, 2024
Except as otherwise provided in 555 CMR 7.04, the Commission
				shall treat the statutory recertification standards as follows:
(1)
Attaining the Age of
			 21
. This standard shall be deemed satisfied if the officer
			 attained the age of 21 at any point in time before the reference date for the
			 officer. If the officer has not attained the age of 21 at any point in time
			 before the reference date for the officer, and if the reference date is prior
			 to July 1, 2024, the officer shall be conditionally recertified on the
			 condition that the officer shall attain the age of 21 by July 1,
			 2024.
(2)
Successful
			 Completion of a High School Education or Equivalent
. This standard
			 shall be deemed satisfied if the officer successfully completed a high school
			 education or equivalent at any point in time before the reference date for the
			 officer. If the officer has not successfully completed a high school education
			 or equivalent at any point in time before the reference date for the officer,
			 and if the reference date is prior to July 1, 2024, the officer shall be
			 conditionally recertified on the condition that the officer shall successfully
			 complete a high school education or obtain a General Educational Development
			 (GED) certification from an accredited program by July 1, 2024.
(3)
Successful Completion of
			 Basic Training Program
.
(a)
Regular Basic Training Other than Bridge Academy
			 Training
. This standard shall be deemed satisfied if the officer
			 successfully completed a regular basic training program (not bridge academy
			 training) at any point in time before the reference date for the officer. If
			 the officer has not successfully completed a regular basic training program
			 (not bridge academy training) at any point in time before the reference date
			 for the officer, the officer shall be conditionally recertified on the
			 condition that the officer shall successfully complete a regular basic training
			 program (not bridge academy training) within 90 calendar days or such other
			 time as is allowed by the MPTC.
(b)
Bridge Academy Training
. This standard shall be deemed
			 satisfied if the officer successfully completed bridge academy training at any
			 point in time before the reference date for the officer. If the officer has not
			 successfully completed bridge academy training due to a documented hardship
			 recognized under commission or MPTC policy, the officer shall be conditionally
			 recertified in accordance with commission policy. Where commission policy is
			 not applicable, the officer will be conditionally recertified on the condition
			 that the officer shall successfully complete bridge academy training by the
			 date stipulated by the MPTC for that officer.
Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 7.00 - Recertification › Section 7.07 - Issuance of Decision

Current through Register 1525, July 5, 2024
(1) The division
			 of certification shall review each officer's application for recertification
			 and provide written notification of a decision on the application for
			 recertification to the officer and the officer's employing agency and the head
			 of the officer's collective bargaining unit in accordance with commission
			 policy, or where there is no commission policy, a policy adopted by the
			 executive director.
(2) A decision
			 that does not provide for full recertification shall be distinct from
			 decertification and shall not implicate M.G.L. c. 6E, § 10.
(3) If the decision provides for anything
			 other than full recertification, the notification described in 555 CMR 7.07(1)
			 shall also inform the officer of the ability to seek review by the executive
			 director as provided for in 555 CMR 7.10(1) and a hearing as provided for in
			 555 CMR 1.10 and 555 CMR 7.10(2).
Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 7.00 - Recertification › Section 7.08 - Retroactivity of Recertification

Current through Register 1525, July 5, 2024
A decision to recertify an officer made after the reference
				date for the officer, notwithstanding 555 CMR 7.03, will apply retroactively to
				that date, regardless of whether the recertification is subject to any
				limitations, conditions, or restrictions.
Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 7.00 - Recertification › Section 7.09 - Restriction or Revocation of Certification

Current through Register 1525, July 5, 2024
The granting of a recertification shall not preclude the
				limiting, conditioning, restricting, suspending, or revoking of the
				certification in accordance with law, when warranted, including but not limited
				to circumstances where an officer has made a material misrepresentation to the
				commission or the officer's employing agency in connection with the
				recertification process.
Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 7.00 - Recertification › Section 7.10 - Possible Action Following Decision Declining to Grant Full Recertification

Current through Register 1525, July 5, 2024
(1)
Executive Director Review
.
(a) Within 21 days of a decision by the
			 division of certification declining to grant full recertification, an officer
			 may submit a written petition to the executive director requesting review of
			 the decision, a copy of which the officer shall provide to the officer's
			 employing agency.
(b) The executive
			 director, or that person's designee, may ask any entity or individual to
			 provide additional information, orally or in writing, or to appear at a meeting
			 concerning the matter.
(c) The
			 executive director, or that person's designee, shall provide the officer and
			 the officer's employing agency with a written decision on the petition within a
			 reasonable time.
Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 7.00 - Recertification › Section 7.11 - Final Determinations

Current through Register 1525, July 5, 2024
An officer's application shall not be deemed "finally
				determined," as that term is used in M.G.L. c. 30A, § 13, absent a final
				decision by the commission.
Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 8.00 - Databases and Dissemination of Information › Section 8.01 - Authority

Current through Register 1525, July 5, 2024
The Massachusetts Peace Officer Standards and Training
				Commission promulgates
				555 CMR
				8.00 pursuant to M.G.L. c. 6E, §§ 3(a) and
				4(j), and
				801
				CMR 3.01(2):
Applicability
.
Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 8.00 - Databases and Dissemination of Information › Section 8.02 - Scope

Current through Register 1525, July 5, 2024
(1)
								555 CMR
			 8.00 applies to:
(a)
			 Databases that the Commission must maintain pursuant to M.G.L c. 6E,
			 §§ 4(h), 4(j), 8(e), and 13(a);
(b) Other databases and electronic
			 recordkeeping systems maintained by the Commission; and
(c) Commission responses to requests for
			 records served upon it pursuant to M.G.L. c. 66, § 10.
Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 8.00 - Databases and Dissemination of Information › Section 8.04 - Submission of Information by Law Enforcement Agencies

Current through Register 1525, July 5, 2024
When a law enforcement agency supplies information concerning
				an officer to the Commission, the law enforcement agency:
(a) Must notify the officer that it has done
			 so in accordance with any other provision of 555 CMR that requires
			 notification; or
(b) In the absence
			 of any such provision, must notify the officer that it has done so within ten
			 calendar days, unless such notification would compromise an ongoing
			 investigation or the security of any person or entity, or would be precluded by
			 federal or Massachusetts law.
Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 8.00 - Databases and Dissemination of Information › Section 8.05 - Division Databases

Current through Register 1525, July 5, 2024
(1) The Division of
			 Police Certification, in consultation with the Division of Police Standards,
			 shall establish, by a date adopted by a vote of the Commissioners, and
			 thereafter shall maintain, a database containing records for each certified law
			 enforcement officer including, but not limited to:
(a) The date of initial
			 certification;
(b) The date of any
			 recertification;
(c) The records of
			 completion of all training and all in-service trainings, including the dates
			 and locations of said trainings, as provided by the MPTC and the Department of
			 State Police;
(d) The date of any
			 written reprimand and the reason for said reprimand;
(e) The date of any suspension and the reason
			 for said suspension;
(f) The date
			 of any arrest and the charge or charges leading to said arrest;
(g) The date of, and reason for, any internal
			 affairs complaint;
(h) The outcome
			 of an internal affairs investigation based on an internal affairs complaint;
(i) The date of any criminal
			 conviction and crime for said conviction;
(j) The date of any separation from
			 employment with a law enforcement agency and the nature of the separation
			 including, but not limited to, suspension, resignation, retirement or
			 termination;
(k) The reason for any
			 separation from employment including, but not limited to, whether the
			 separation was based on misconduct or whether the separation occurred while the
			 appointing law enforcement agency was conducting an investigation of the
			 certified individual for a violation of an appointing law enforcement agency's
			 rules, policies, procedures or for other misconduct or improper
			 action;
(l) The date of
			 decertification, if any, and the reason for said decertification;
(m) Any other information as may be required
			 by the Commission; and
(n) Any
			 other information expressly required by M.G.L. 6E, § 4(h).
Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 8.00 - Databases and Dissemination of Information › Section 8.07 - Maintenance and Security of Databases and Electronic Recordkeeping Systems Generally

Current through Register 1525, July 5, 2024
(1) When designing
			 or acquiring an electronic record keeping system or database, the Commission's
			 RAO and its Chief Technology Officer shall consult with each other, and with
			 the Commission's Executive Director, its Chief Financial and Administrative
			 Officer, or the Massachusetts Executive Office of Technology Services and
			 Security to ensure, to the extent feasible, that the system or database is
			 capable of providing data in a commonly available electronic, machine readable
			 format.
(2) Any database designs or
			 acquisitions shall allow for, to the extent feasible, information storage and
			 retrieval methods that permit the segregation and retrieval of public records
			 and redacting of exempt information in order to provide maximum public
			 access.
(3) The Commission shall
			 not enter into any contract for the storage of electronic records that:
(a) Prevents or unduly restricts the RAO from
			 providing public records in accordance with M.G.L. c. 66;
(b) Relieves the Commission of its
			 obligations under M.G.L. c. 66A or any governing regulations promulgated
			 thereunder; or
(c) Omits provisions
			 that are necessary to ensure compliance with M.G.L. c. 66A or any governing
			 regulations promulgated thereunder.
Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 8.00 - Databases and Dissemination of Information › Section 8.08 - Objections Concerning Data

Current through Register 1525, July 5, 2024
(1)
			 An individual who is identified in data maintained by the Commission, or the
			 individual's representative, may raise objections related to the accuracy,
			 completeness, pertinence, timeliness, relevance, or dissemination of the data,
			 or the denial of access to such data by filing a written petition for relief
			 with the Executive Director, in a form prescribed by the Commission, at any
			 time.
(2) Upon receiving a petition
			 filed pursuant to
			 555
			 CMR 8.08(1), the Executive
			 Director shall promptly evaluate the petition, including by obtaining relevant
			 information.
(3) If the Executive
			 Director determines that the relief requested in a petition filed pursuant to
			 555
			 CMR 8.08(1)  is warranted,
			 the Executive Director shall promptly:
(a)
			 Take appropriate steps to grant such relief, or comparable relief;
(b) Make information concerning the action
			 taken available to the Commissioners;
(c) Notify the petitioner of the status of
			 the petition.
Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 8.00 - Databases and Dissemination of Information › Section 8.09 - Privileged Information

Current through Register 1525, July 5, 2024
(1) Where
			 information is protected by a privilege against disclosure recognized by law:
(a) If the Commission is the holder of the
			 privilege, the privilege may be waived only through a vote of the
			 Commissioners; and
(b) If a person
			 or entity other than the Commission is the holder of the privilege and the
			 Commission is aware of the protection provided by the privilege, the Commission
			 shall not disclose the information without first taking the following steps,
			 unless the law requires otherwise:
1.
			 Notifying the holder regarding its request; and
2. Making reasonable efforts to give the
			 holder the opportunity to protect the information.
Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 8.00 - Databases and Dissemination of Information › Section 8.10 - Compulsory Legal Process

Current through Register 1525, July 5, 2024
(1) Except as
			 provided in
			 555
			 CMR 8.10(2) or (3), when any
			 person or entity seeks personal data maintained by the Commission through
			 compulsory legal process, the Commission:
(a)
			 Shall notify the individual to whom the personal data refers in reasonable time
			 that the individual may seek to have the process quashed; and
(b) If appearing or filing any paper in court
			 related to the process, shall notify the court of the requirement of M.G.L. c.
			 66A, § 2(k).
Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 9.00 - Initial Certification of Officers; and Renewed Certification of Independently Applying Officers › Section 9.01 - Scope

Current through Register 1525, July 5, 2024
(1)
								555 CMR
			 9.00 governs:
(a) The
			 initial certification of an endorsed applicant;
(b) The initial certification of an
			 independent applicant; and
(c) The
			 recertification of an independent applicant, in which case
			 555 CMR
			 9.00 supersedes
			 555 CMR
			 7.00:
Recertification
, except where
			 555 CMR
			 9.00 expressly incorporates
			 555 CMR
			 7.00.
Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 9.00 - Initial Certification of Officers; and Renewed Certification of Independently Applying Officers › Section 9.03 - Continuation of a Certification Period

Current through Register 1525, July 5, 2024
(1) Pursuant to M.G.L. c. 30A, § 13, the
			 certification period for an applicant who is certified at the time of
			 submitting an application shall continue after the reference date for the
			 applicant, if a document that substantially satisfies the requirements of
			 555
			 CMR 9.04 or is otherwise deemed by the
			 Commission to be a sufficient application for purposes of
			 555
			 CMR 9.03 is submitted:
(a) In advance of the reference date for the
			 applicant;
(b) In advance of any
			 applicable deadline established by the Commission; and
(c) In accordance with any procedures
			 established by the Commission.
Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 9.00 - Initial Certification of Officers; and Renewed Certification of Independently Applying Officers › Section 9.04 - Application for Certification

Current through Register 1525, July 5, 2024
(1)
			 The Division shall develop, and shall make available on the Commission website,
			 the following:
(a) An application form for an
			 endorsed applicant, which shall, at a minimum:
1. Direct the endorsing law enforcement
			 agency to:
a. Conduct a background check in
			 accordance with
			 555
			 CMR 9.05;
b. Conduct an oral interview on behalf of the
			 Commission in accordance with
			 555
			 CMR 9.06; and
c. Assess whether the applicant possesses
			 good character and fitness for employment in accordance with
			 555
			 CMR 9.07;
Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 9.00 - Initial Certification of Officers; and Renewed Certification of Independently Applying Officers › Section 9.05 - Background Check

Current through Register 1525, July 5, 2024
(1) To be
			 sufficient for evaluation under
			 555 CMR
			 9.00, any background check must at least include the
			 following, consistent with M.G.L. c. 6E, §§ 4(f)(1)(v) and 4(f)(2):
(a) A state and national check of the
			 applicant's background;
(b)
			 Fingerprinting;
(c) A full
			 employment history;
(d) An
			 evaluation of the applicant's full employment record, including complaints and
			 discipline, if the applicant has been previously employed in law enforcement in
			 any state or United States territory or by the federal government;
			 and
(e) A determination of whether
			 the applicant has been convicted of a felony.
Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 9.00 - Initial Certification of Officers; and Renewed Certification of Independently Applying Officers › Section 9.06 - Oral Interview

Current through Register 1525, July 5, 2024
(1)
			 Any oral interview of an endorsed applicant shall be administered by the
			 Division and conducted:
(a) By a supervisory
			 officer in the endorsing law enforcement agency; and
(b) In accordance with Commission guidelines,
			 which may provide:
1. A set of questions to be
			 asked;
2. A set of topics to be
			 discussed; and/or
3. A written
			 questionnaire to be completed in advance by the applicant and discussed in the
			 interview.
Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 9.00 - Initial Certification of Officers; and Renewed Certification of Independently Applying Officers › Section 9.07 - Good Character and Fitness for Employment

Current through Register 1525, July 5, 2024
(1) Any assessment of whether an applicant
			 possesses good character and fitness for employment, by an endorsing law
			 enforcement agency or by the Division:
(a)
			 Shall involve due consideration of:
1. The
			 results of a background check conducted in accordance with
			 555
			 CMR 9.05;
2. The applicant's responses to any
			 questionnaire that the Commission prescribed for use in such a certification
			 process;
3. Any available
			 information regarding the statements and conduct of the applicant in an oral
			 interview conducted in accordance with
			 555
			 CMR 9.06;
4. Commission records concerning the
			 individual, including:
a. Those related to any
			 prior certification applications filed on behalf of the individual; and
b. Those concerning any
			 disciplinary proceedings against the individual;
5. All other available information regarding
			 the applicant; and
6. The
			 applicant's on-duty and off-duty conduct;
Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 9.00 - Initial Certification of Officers; and Renewed Certification of Independently Applying Officers › Section 9.08 - Division Evaluation of an Application

Current through Register 1525, July 5, 2024
(1)
			 Except as otherwise provided in
			 555
			 CMR 9.08(2), the Division
			 may:
(a) Evaluate an application against the
			 certification standards set forth in
			 555
			 CMR 9.08(2)  in any order
			 that the Division considers expedient; and
(b) Refrain from evaluating any standard upon
			 determining that an applicant's failure to satisfy any other standard is
			 sufficient to warrant denial of the application.
Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 9.00 - Initial Certification of Officers; and Renewed Certification of Independently Applying Officers › Section 9.09 - Conditional Certification

Current through Register 1525, July 5, 2024
(1)
			 If the Division determines that an applicant has not satisfied any
			 certification standard set forth in
			 555
			 CMR 9.08(2), the Division
			 may conditionally certify the applicant where:
(a) The applicant has been unable to meet
			 such a certification standard solely due to circumstances that are beyond the
			 applicant's control and that are attributable to a current or former employer
			 of the applicant, to the MPTC, or to the Commission; and
(b) A conditional certification is warranted
			 by other appropriate circumstances, including, but not limited to, where:
1. The application is substantially complete
			 and does not reveal any basis for denying certification, but certain additional
			 details need to be supplied or certain information needs to be
			 verified;
2. The applicant has been
			 unable to satisfy a certification standard because the applicant was on
			 approved leave during the relevant time or because of another valid
			 reason;
3. The applicant has
			 experienced a demonstrable hardship which has interfered directly with the
			 applicant's ability to meet a certification standard; or
4. The applicant has taken all required steps
			 in connection with the certification process, but circumstances beyond the
			 applicant's control have delayed a final decision on the application.
Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 9.00 - Initial Certification of Officers; and Renewed Certification of Independently Applying Officers › Section 9.10 - Issuance of a Certification Decision

Current through Register 1525, July 5, 2024
(1) The Division shall issue a decision on an
			 application within a reasonable time.
(2) As a decision declining to grant full
			 certification is distinct from decertification, the procedures prescribed by
			 M.G.L. c. 6E, § 10 need not be followed before such a decision is
			 issued.
(3) The Division shall
			 provide written notification of a decision on an application by email to:
(a) The applicant;
(b) The applicant's endorsing law enforcement
			 agency, if any; and
(c) The head of
			 the applicant's collective bargaining unit, if named in the
			 application.
Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 9.00 - Initial Certification of Officers; and Renewed Certification of Independently Applying Officers › Section 9.11 - Possible Action Following a Decision Declining to Grant Full Certification

Current through Register 1525, July 5, 2024
(1) An applicant
			 who receives a decision from the Division declining to grant a full
			 certification may seek review by the Executive Director as follows.
(a) Within 21 days of service by email of the
			 Division's decision, the applicant or an endorsing law enforcement agency may
			 submit a written petition to the Executive Director requesting review of the
			 decision.
1. If an endorsed applicant files
			 the petition, the applicant shall provide a copy of the petition to any
			 endorsing law enforcement agency at the time of its filing.
2. If an endorsing law enforcement agency
			 files the petition, the agency shall provide a copy of the petition to the
			 endorsed applicant at the time of its filing.
Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 9.00 - Initial Certification of Officers; and Renewed Certification of Independently Applying Officers › Section 9.12 - Certification Status

Current through Register 1525, July 5, 2024
(1) An
			 application process shall be deemed ongoing and not "finally determined," as
			 that term is used in M.G.L. c. 30A, § 13, absent a final
			 decision.
(2) When an application
			 is granted pursuant to
			 555 CMR
			 9.00, the new certification shall be deemed to have
			 been issued on, and the three-year period prescribed by M.G.L. c. 6E, §
			 4(f)(3) shall be deemed to commence on:
(a)
			 The reference date for the officer, if the applicant was certified at the time
			 of applying and is lawfully serving as a law enforcement officer with a law
			 enforcement agency when the application is granted; and
(b) In all other instances, the later of:
1. The date upon which the application is
			 granted; or
2. The date upon which
			 the applicant lawfully becomes a law enforcement officer with a law enforcement
			 agency.
Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 10.00 - Massachusetts Comprehensive Fire Safety Code › Section 10.01 - Authority

Current through Register 1525, July 5, 2024
The Commission promulgates
				555 CMR
				10.00 pursuant to M.G.L. c. 6E, §§ 3(a) and
				3(b).
Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 10.00 - Massachusetts Comprehensive Fire Safety Code › Section 10.02 - Scope

Current through Register 1525, July 5, 2024
(1)
								555 CMR
			 10.00 governs SRO certification pursuant to M.G.L. c.
			 6E, §§ 3(a) and 3(b).
(2)
								555 CMR
			 10.00 amends any initial certification process
			 concerning SRO certification, and otherwise supersedes any policy or protocol
			 concerning SRO certification, that was previously adopted by the Commission,
			 other than as provided in
			 555
			 CMR 10.09(3), except
			 555 CMR
			 10.00 does not negate any grant of SRO certification
			 for an individual, or any effective dates of such a certification, that were
			 previously approved by the Commission.
(3)
								555 CMR
			 10.00 does not govern the suspension or revocation of
			 SRO certification, except as provided in
			 555
			 CMR 10.09 and
			 10.10.
(4) Nothing in
			 555 CMR
			 10.00 is intended to:
(a) Establish a standard of care or create
			 any independent private right, entitlement, remedy, or cause of action on the
			 part of any person or entity on account of any action the Commission takes or
			 fails to take;
(b) Otherwise waive
			 any power, right, privilege, protection, or immunity that may be available to
			 the Commission; or
(c) Preclude the
			 limiting, conditioning, restricting, suspending, or revoking of any
			 certification in accordance with law.
Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 10.00 - Massachusetts Comprehensive Fire Safety Code › Section 10.04 - SRO Certification Requirement

Current through Register 1525, July 5, 2024
(1) An
			 individual must possess an SRO certification that has not been suspended or
			 restricted in order for:
(a) The individual,
			 an agency, or an officer to represent that the individual is an SRO;
			 or
(b) The individual to serve as
			 an officer appointed by the chief of police who is specially charged with
			 performing all the following duties:
1.
			 Providing law enforcement;
2.
			 Promoting school safety and security services to elementary and secondary
			 public schools; and
3. Maintaining
			 a positive school climate for all students, families, and
			 staff.
Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 10.00 - Massachusetts Comprehensive Fire Safety Code › Section 10.05 - Application for SRO Certification

Current through Register 1525, July 5, 2024
(1) The
			 Division shall develop, and shall make available on the Commission website, an
			 application form by which an officer or an officer's chief of police may apply
			 for SRO certification for the officer, which form shall, in part:
(a) Direct the applicant to ensure that the
			 information and materials identified in
			 555
			 CMR 10.05(3)  are submitted
			 to the Division;
(b) Require the
			 officer to agree that, when acting as an SRO, the officer will not: serve as a
			 school disciplinarian, an enforcer of school regulations or in place of
			 licensed school psychologists, psychiatrists or counselors; or use police
			 powers to address traditional school discipline issues, including non-violent
			 disruptive behavior;
(c) Require
			 the applicant to make any assertions in the application under the pains and
			 penalties of perjury;
(d) Request
			 that the applicant identify the head of the applicant's collective bargaining
			 unit, if any; and
(e) Require the
			 applicant to provide an email address that may be used for correspondence
			 related to the SRO certification process for each of the following:
1. The applicant;
2. The individual for whom SRO certification
			 is sought;
3. The individual's
			 chief of police; and
4. The head of
			 the individual's collective bargaining unit, if the unit head is identified by
			 name in the application.
Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 10.00 - Massachusetts Comprehensive Fire Safety Code › Section 10.06 - Division Evaluation of SRO Certification Application

Current through Register 1525, July 5, 2024
(1) In evaluating an application for SRO
			 certification for an individual:
(a) The
			 Division shall evaluate Commission records concerning the individual,
			 including:
1. Those related to any prior
			 certification applications filed on behalf of the individual;
2. Those concerning any disciplinary
			 proceedings against the individual; and
3. Others contained in Commission
			 databases.
Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 10.00 - Massachusetts Comprehensive Fire Safety Code › Section 10.07 - Conditional SRO Certification

Current through Register 1525, July 5, 2024
(1) If an
			 officer has satisfied all requirements listed in
			 555
			 CMR 10.06(3)  except the
			 training requirements referenced in
			 555
			 CMR 10.06(3)(e) or (f):
(a) The Division may grant the officer a
			 conditional SRO certification in circumstances that the Division finds
			 appropriate, including, but not limited to, where:
1. Certain details need to be supplied or
			 certain information needs to be verified;
2. The officer was unable to satisfy a
			 training requirement because the officer was on approved leave, experienced a
			 demonstrable hardship, or had another valid reason; or 3. The officer has taken
			 all required steps in connection with the SRO certification process, but
			 circumstances beyond the officer's control have delayed a final decision on the
			 application; and
Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 10.00 - Massachusetts Comprehensive Fire Safety Code › Section 10.08 - Possible Action Following Decision Declining to Grant Full SRO Certification

Current through Register 1525, July 5, 2024
(1) An applicant that
			 receives a decision from the Division declining to grant a full SRO
			 certification for an individual may seek review by the Executive Director as
			 follows.
(a) Within 21 days of the Division's
			 service by email of its decision, an applicant may submit a written petition to
			 the Executive Director requesting review of the decision.
(b) If the petition will be submitted by the
			 individual alone, the individual shall serve a copy of the petition upon the
			 chief of police by email or first-class mail prior to submitting the petition
			 to the Executive Director, and the petition shall include a certificate of
			 service stating the date of service, the method of service, and the address
			 used for service.
(c) If the
			 petition will be submitted by the chief of police alone, the chief of police
			 shall serve a copy of the petition upon the individual by email or first-class
			 mail prior to submitting the petition to the Executive Director, and the
			 petition shall include a certificate of service stating the date of service,
			 the method of service, and the address used for service. (d) The Executive
			 Director may ask any entity or individual to provide additional information,
			 orally or in writing, or to appear at a meeting concerning the matter.
At any such meeting, the Executive Director shall have
				discretion to determine the extent to which an individual who does not have a
				right to appear may attend and participate.
(e) The Executive Director shall provide the
			 individual and the chief of police with a written decision on the petition
			 within a reasonable time.
Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 10.00 - Massachusetts Comprehensive Fire Safety Code › Section 10.09 - SRO Certification Status

Current through Register 1525, July 5, 2024
(1) An SRO
			 application process shall be deemed ongoing and not "finally determined", as
			 that term is used in M.G.L. c. 30A, § 13, absent a final
			 decision.
(2) The granting of an
			 SRO certification shall not preclude the limiting, conditioning, restricting,
			 suspending, or revoking of the SRO certification in accordance with law, when
			 warranted.
(3) An SRO certification
			 may be made retroactive where such action is consistent with policies or
			 protocols approved by the Commission either prior to or subsequent to the
			 promulgation of
			 555 CMR
			 10.00.
(4)
			 Unless the Commission provides otherwise, an SRO certification granted pursuant
			 to 555 CMR 10.05 through
			 10.09 shall expire three
			 calendar years after the effective date recognized by the Commission.
(5) SRO certification does not expand the
			 scope of authority of an officer beyond that which is otherwise provided to
			 SROs by law.
(6) The Commission may
			 reconsider, and revise or vacate, a decision on an application for
			 certification, when such action is warranted.
(7) If a decision to grant an SRO
			 certification to an individual is vacated, the individual shall be deemed to
			 have possessed an SRO certification during the period of time between the
			 decision to certify and the decision to vacate.
(8) A decision regarding an individual's
			 application for SRO certification shall not, by itself, affect an individual's
			 officer certification.
(9) If an
			 individual's officer certification is suspended, the individual's SRO
			 certification shall be automatically deemed suspended.
(10) If an individual's officer certification
			 is revoked, the individual's SRO certification shall be automatically deemed
			 revoked.
(11) The Division shall
			 terminate an SRO certification upon receiving a written request for such
			 termination from the certified individual.
(12) An officer who possesses an SRO
			 certification must promptly notify the Commission of any change in:
(a) Contact information for the officer that
			 has been provided to the Commission;
(b) The officer's place of employment;
			 or
(c) The officer's work status,
			 including on-leave status.
Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 10.00 - Massachusetts Comprehensive Fire Safety Code › Section 10.10 - In-service SRO Training

Current through Register 1525, July 5, 2024
(1) Any officer
			 who is serving as an SRO or possesses an SRO certification is required to
			 complete all SRO training that the MPTC requires pursuant to M.G.L. c. 6,
			 § 116H or otherwise.
(2) If an
			 officer fails to complete the SRO training referenced in
			 555
			 CMR 10.10(1)  within 90 days
			 of any deadline or as soon as reasonably possible thereafter, the Division may
			 administratively suspend the officer's SRO certification.
(3) The Division shall reinstate the SRO
			 certification of an officer who was administratively suspended pursuant to
			 555
			 CMR 10.10(2)  upon the
			 officer's completion of all required SRO training.
(4) An officer's failure to complete the SRO
			 training referenced in
			 555
			 CMR 10.10(1)  shall not, by
			 itself, constitute grounds for administrative suspension of an officer's
			 officer certification pursuant to M.G.L. c. 6E, § 9(b).
Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 10.00 - Massachusetts Comprehensive Fire Safety Code › Section 10.11 - Number of SROs

Current through Register 1525, July 5, 2024
(1) The Commission may
			 prescribe the number of SROs that a given municipality must ordinarily
			 maintain.
(2) Agencies are
			 encouraged to seek SRO certification and SRO training for more officers than
			 are needed to staff participating schools at a given time, and to designate an
			 SRO as an alternate who may serve in place of a regularly assigned SRO when
			 needed.
Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 10.00 - Massachusetts Comprehensive Fire Safety Code › Section 10.12 - Sub-specialties

Current through Register 1525, July 5, 2024
The Division may grant an officer who has received an SRO
				certification an additional certification in a sub-specialty, or a specific
				aspect, of SRO service, pursuant to procedures that are substantially similar
				to those prescribed for SRO certification in
				555
				CMR 10.10.
Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 10.00 - Massachusetts Comprehensive Fire Safety Code › Section 10.13 - Restricted Status

Current through Register 1525, July 5, 2024
(1) Upon receiving
			 a report that an individual with an SRO certification is serving as an SRO
			 without being subject to both a sufficient MOU and sufficient Operating
			 Procedures, the Division shall investigate the matter.
(2) If the Division determines that such
			 individual is serving as an SRO without being subject to both a sufficient MOU
			 and sufficient Operating Procedures, the Division may place the individual's
			 SRO certification on restricted status.
(a)
			 Any such determination shall be based on a comparison between the provisions of
			 M.G.L. c. 71, § 37P and any terms governing the individual's work as an
			 SRO.
(b) In deciding whether to
			 place the individual's SRO certification on restricted status, the Division
			 shall take into account all available information and circumstances known to
			 it, including the impact on the individual's appointing agency and any school
			 in which the individual has been serving.
Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 11.00 - Regulatory Action and Advisory Opinions › Section 11.01 - Scope

Current through Register 1525, July 5, 2024
(1)
								555 CMR
			 11.00 governs:
(a)
			 The submission, consideration and disposition of a petition requesting
			 regulatory action, pursuant to M.G.L. c. 30A, § 4;
(b) Regulatory action by the Commission other
			 than in response to a petition, pursuant to M.G.L. c. 6E and c. 30A;
(c) The submission, consideration, and
			 disposition of a petition requesting the issuance of an advisory opinion,
			 pursuant to M.G.L. c. 30A, § 8; and
(d) The issuance of an advisory opinion by
			 the Commission other than in response to a petition, pursuant to M.G.L. c. 6E,
			 § 3(a).
Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 11.00 - Regulatory Action and Advisory Opinions › Section 11.02 - Definitions

Current through Register 1525, July 5, 2024
(1)
								555 CMR
			 11.00 incorporates all definitions and rules of
			 construction set forth in
			 555
			 CMR 2.02:
Definitions
and
			 555
			 CMR 2.03:
Construction
,
			 except those definitions of terms that are defined in
			 555
			 CMR 11.02(2).
(2) For the purposes of
			 555 CMR
			 11.00, the following terms have the following
			 meanings, unless the context requires otherwise:
Advisory Opinion
. An advisory ruling
				with respect to the applicability to any person, property, or state of facts of
				any statute or regulation enforced or administered by the Commission, under
				M.G.L. c. 30A, § 8, or any other opinion that relates to the Commission's
				authority or responsibilities and is formally issued in writing by the
				Commission.
Agency
. An "agency" as defined in
				M.G.L. c. 30A, § 1.
Commission
. The Massachusetts Peace
				Officer Standards and Training Commission established under M.G.L c. 6E, §
				2 as an agency, including its Commissioners and its staff.
Executive Director
. The Executive
				Director of the Commission appointed pursuant to M.G.L. c. 6E, § 2(g), or
				that person's designee for relevant purposes.
Law Enforcement Agency
. A "law
				enforcement agency" as defined in M.G.L. c. 6E, § 1.
Officer
. A "law enforcement officer"
				as defined in M.G.L. c. 6E, § 1.
Petition.
A request for regulatory
				action or the issuance of an advisory opinion submitted to the
				Commission.
Petitioner
. A person or entity who
				submits a request for regulatory action or the issuance of an advisory opinion
				to the Commission.
Regulation
. A "regulation" as defined
				in M.G.L. c. 30A, § 1.
Regulatory Action
. The adoption,
				amendment, or repeal of a regulation.
Vote of the Commissioners
. A vote
				sufficient to satisfy the requirements of M.G.L. c. 6E, §
				2(e).
Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 11.00 - Regulatory Action and Advisory Opinions › Section 11.03 - Petition for Regulatory Action or an Advisory Opinion

Current through Register 1525, July 5, 2024
(1) Any person or entity may submit to the
			 Commission a petition requesting the adoption, amendment, or repeal of a
			 regulation, or the issuance of an advisory opinion, concerning a matter related
			 to the Commission's authority and responsibilities.
(2) A petitioner should:
(a) Submit a written petition containing the
			 following:
1. The petitioner's name;
2. The petitioner's certification number, if
			 the petitioner has been certified as a law enforcement officer by the
			 Commission;
3. The name, an
			 address, a telephone number, and an email address of an attorney at law who is
			 representing the petitioner in relation to the matter, if the petitioner is so
			 represented;
4. An address, a
			 telephone number, and an email address of the petitioner, if the petitioner is
			 not represented by an attorney at law in relation to the matter;
5. The name of each organization on behalf of
			 which the petitioner is submitting the petition, and any title or role that the
			 petitioner has with each such organization, if the petitioner is submitting the
			 petition on behalf an organization;
6. A clear indication at the outset of the
			 petition whether the petitioner is requesting regulatory action or the issuance
			 of an advisory opinion;
7. A
			 precise description of the action being requested;
8. A clear and concise statement of any facts
			 relevant to the petition, which statement may be relied on by the Commission in
			 rendering any opinion;
9. Citations
			 to applicable sources of law that could be identified with reasonable
			 effort;
10. A listing of any other
			 governmental regulations or advisory opinions concerning the same subject
			 matter that have been issued or requested and could be identified with
			 reasonable effort;
11. The
			 signature of the petitioner or any attorney at law representing the petitioner
			 in relation to the matter, which shall constitute a certification that the
			 signer has read the petition and that any facts recited therein are true to the
			 best of the signer's belief; and
12.
			 A certificate of service, stating the name and contact information of each
			 person and entity upon which a copy of the petition was served pursuant to
			 555
			 CMR
			 11.04(2)(c);
Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 11.00 - Regulatory Action and Advisory Opinions › Section 11.04 - Initial Processing of a Petition

Current through Register 1525, July 5, 2024
(1) Where a
			 petitioner has taken all steps listed in
			 555
			 CMR 11.03(2)(a) through (c):
(a) The Commission staff shall, with
			 reasonable promptness, acknowledge to the petitioner that the petition was
			 received;
(b) The Commission staff
			 shall ensure that the petition is provided to the Commissioners and the
			 Executive Director;
(c) At the
			 direction of the Chair or the request of four Commissioners, the subject of the
			 petition shall be placed on the agenda of a Commission meeting to be held in
			 accordance with M.G.L. c. 6E, § 2(e) and c. 30A; and
(d) If the subject of the petition is placed
			 on the agenda for a public Commission meeting, the Commission shall provide
			 notice to the petitioner of that fact with reasonable promptness, and in no
			 event less than two business days before the meeting.
Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 11.00 - Regulatory Action and Advisory Opinions › Section 11.05 - Regulatory Action

Current through Register 1525, July 5, 2024
(1) The Commission
			 may take or decline to take any regulatory action, whether or not such action
			 is requested by a petitioner, provided the action is allowed by law.
(2) In pursuing any regulatory action, the
			 Commission shall proceed in accordance with M.G.L. c. 30A and
			 950 CMR
			 20.00:
Preparing and Filing
			 Regulations
.
(3) If the
			 Commission schedules any public hearing or commences any other public comment
			 process related to proposed regulatory action in response to a petition, the
			 Commission shall provide notice of the public hearing or other public comment
			 process to:
(a) The petitioner, or where there
			 are multiple petitioners, to any one of the petitioners; and
(b) Each person or entity referenced in any
			 certificate of service that accompanied the petition, unless such a step would
			 be impracticable.
Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 11.00 - Regulatory Action and Advisory Opinions › Section 11.06 - Issuance of an Advisory Opinion

Current through Register 1525, July 5, 2024
(1)
			 The Commission may issue or decline to issue any advisory opinion, whether or
			 not such action is requested by a petitioner, provided the action is allowed by
			 law.
(2) The Commission shall issue
			 an advisory opinion only if its issuance and its general substance are approved
			 by a vote of the Commissioners, either before or after the development of a
			 draft advisory opinion.
(3) Any
			 advisory opinion:
(a) Shall be in
			 writing;
(b) Shall be issued in the
			 name of the Commission;
(c) Shall
			 include a statement of reasons supporting any conclusion reached; and
(d) May be signed by an individual on behalf
			 of the Commission.