SENATE . . . . . . . . . . . . . . No. 2469
Senate, January 21, 2020 -- Message from His Excellency the Governor recommending legislation advancing reform within the Massachusetts State Police |
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-First General Court
(2019-2020)
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An Act advancing reform within the Massachusetts State Police.
Whereas, The deferred operation of this act would tend to defeat its purpose, which is to support the continuing reform and modernization of the Massachusetts State Police, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public safety and convenience.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Section 3 of chapter 22C of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out, in lines 6 and 7, the word “he” and inserting in place thereof, in each instance, the following words:- the colonel.
SECTION 2. Said section 3 of said chapter 22C, as so appearing, is hereby further amended by striking out the second paragraph and inserting in place thereof the following paragraph:-
The colonel shall be appointed by the governor, upon the recommendation of the secretary of public safety and security, and shall be a person qualified by training and experience to direct the work of the department. At the time of appointment, the colonel shall have not less than 10 years of full-time experience as a sworn law enforcement officer and not less than 5 years of full-time experience in a senior administrative or supervisory position in a police force or a military body with law enforcement responsibilities. Such appointment shall constitute appointment as a uniformed member of the department and shall qualify the colonel to exercise all powers granted to a uniformed member under this chapter. The colonel shall serve at the pleasure of the governor and shall devote his or her full time during business hours to the duties of the office.
SECTION 3. Section 10 of said chapter 22C, as so appearing, is hereby amended by striking out, in line 27, the words “reached his twenty-first birthday” and inserting in place thereof the following words:- attained the age of 21.
SECTION 4. Said section 10 of said chapter 22C, as so appearing, is hereby further amended by striking out, in said line 30, the words “he has reached his thirty-fifth birthday” and inserting in place thereof the following words:- the person has attained the age of 35.
SECTION 5. Said section 10 of said chapter 22C, as so appearing, is hereby further amended by striking out the third paragraph and inserting in place thereof the following paragraph:-
No person shall be enlisted as a uniformed member of the state police except in accordance with the provisions of this section and section 11; provided further that, other than for an appointment made pursuant to section 3, no person employed as a police officer for an agency other than the department of state police, including but not limited to, any agency of the commonwealth or any of its political subdivisions, shall be allowed to transfer into a position as a uniformed member of the state police.
SECTION 6. Said section 10 of said chapter 22C, as so appearing, is hereby further amended by striking out, in lines 52, 54, 61, 63, and 65, the word “he” and inserting in place thereof, in each instance, the following words:- such officer.
SECTION 7. Said section 10 of said chapter 22C, as so appearing, is hereby further amended by striking out, in lines 66 and 71, the word “his” and inserting in place thereof, in each instance, the following words:- such officer’s.
SECTION 8. Said chapter 22C, as so appearing, is hereby further amended by inserting after section 10 the following section:-
Section 10A. The colonel may establish a cadet program within the department and may admit as a state police cadet, for a period of full-time “on the job” training, any citizen resident in the commonwealth who:
(i) is not less than 19 nor more than 25 years of age;
(ii) would otherwise be found suitable for appointment for initial enlistment as a uniformed member of the state police pursuant to sections 10, 11, and 14, with the exception of the physical fitness standards;
(iii) has passed a qualifying physical fitness examination, as determined by the colonel; and
(iv) has passed a qualifying examination, as determined by the colonel.
Such qualifying examination shall be conducted under the direction of the colonel, after consultation with the personnel administrator, who shall determine its form, method and subject matter, and such qualifying examination shall fairly test the knowledge, skills, and abilities which can be fairly and reliably measured and which are actually required to perform the primary or dominant duties of the position of state police cadet.
Any person who has attained the age of 19 on or before the final date for the filing of applications for the state police cadet program shall be eligible to take the qualifying examination for the state police cadet program. No person who has attained the age of 26 on or before the final date for the filing of applications for the state police cadet program shall be eligible to take the qualifying examination for the state police cadet program.
Admission as a state police cadet shall not be subject to the civil service law or rules; nor shall a state police cadet be entitled to any benefits of such law or rules. The colonel shall report in writing forthwith to the secretary of public safety and the personnel administrator any such admission as a state police cadet made under the provisions of this section. Such admission shall be for a term of service of not less than 12 months as determined by the department and may be terminated at any time, and shall be terminated whenever a state police cadet fails to maintain a passing grade in any course of study the colonel determines the state police cadet should undertake. A state police cadet shall be required to meet the physical fitness standards required for appointment for initial enlistment as a uniformed member of the state police within 12 months of the state police cadet’s admission to the state police cadet program. A state police cadet shall be an at-will employee. A state police cadet shall receive such compensation and such leave with pay as the colonel shall determine in consultation with the personnel administrator. The colonel shall establish requirements for successful completion of the state police cadet program.
The colonel shall determine the duties and responsibilities of state police cadets. A state police cadet shall not carry arms, nor shall a state police cadet have any power of arrest other than that of an ordinary citizen. A state police cadet shall be considered an employee of the commonwealth for the purposes of workers’ compensation.
A state police cadet shall not be subject to or entitled to the benefits of any retirement or pension law nor shall any deduction be made from a state police cadet’s compensation for the purpose thereof; but a state police cadet who successfully completes the state police cadet program and is appointed to the department of state police pursuant to section 11 of this chapter shall have their state police cadet service considered as creditable service, as defined in section 1 of chapter 32, for purposes of retirement, provided the state police cadet pays into the annuity savings fund of the retirement system such amount as the retirement board determines equal to that which the state police cadet would have paid had the state police cadet been a member of said retirement system during the period of training as a state police cadet.
SECTION 9. Section 11 of said chapter 22C, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Appointments for initial enlistment as a uniformed member of the state police shall be made from a list established as the result of a competitive examination conducted under the direction of the colonel, after consultation with the personnel administrator, who shall determine its form, method, and subject matter.
SECTION 10. Said section 11 of said chapter 22C, as so appearing, is hereby further amended by inserting, in lines 19 and 20, after the word “his”, in each instance, the following words:- or her.
SECTION 11. Said section 11 of said chapter 22C, as so appearing, is hereby further amended by inserting after the third paragraph the following paragraph:-
Notwithstanding the preceding 3 paragraphs, the colonel may appoint for initial enlistment as a uniformed member of the state police any person who has successfully completed the state police cadet program pursuant to section 10A and is willing to accept such appointment. Any such appointment for initial enlistment as a uniformed member of the state police shall terminate that person’s admission as a state police cadet. Not more than one-third of the total number of appointments to the state police in any single recruit training troop shall be made under the provisions of this paragraph. The colonel shall report in writing forthwith to the personnel administrator any appointment made under the provisions of this paragraph.
SECTION 12. Section 13 of said chapter 22C, as so appearing, is hereby amended by striking out, in line 1, the word “Any” and inserting in place thereof the following words:- (a) Discipline by Trial. Any.
SECTION 13. Said section 13 of said chapter 22C, as so appearing, is hereby further amended by inserting, in line 10, after the word “him” the following words:- or her.
SECTION 14. Said section 13 of said chapter 22C, as so appearing, is hereby further amended by adding the following two subsections:-
(b) Administrative Suspension Without Pay. Notwithstanding the provisions of subsection (a), the colonel may administratively suspend without pay a uniformed member who has served for 1 year or more where: a criminal complaint or indictment has issued against the uniformed member; the uniformed member has been referred by the department to any prosecutorial agency for review for prosecution; or there are reasonable grounds to believe that the uniformed member has engaged in misconduct in the performance of that member’s duties that violates the public trust. Prior to such administrative suspension, the department shall provide the uniformed member notice of and the underlying factual basis for such administrative suspension. After such notice, the colonel or the colonel’s designee shall hold a departmental hearing at which the uniformed member shall have an opportunity to respond to the allegations. Following the departmental hearing and upon a finding that there are reasonable grounds for such administrative suspension without pay, the colonel may administratively suspend without pay such uniformed member forthwith. A uniformed member may not appeal such administrative suspension without pay under sections 41 to 45, inclusive of chapter 31, but may appeal such administrative suspension without pay as provided in section 43 of this chapter.
A uniformed member who is administratively suspended without pay pursuant to this section may seek a review by the colonel or the colonel’s designee of such administrative suspension without pay after 1 year from the date of such suspension, and every year thereafter, or sooner if the uniformed member can demonstrate a material change in circumstances. The decision of the colonel or the colonel’s designee after such review may not be appealed under sections 41 to 45, inclusive of chapter 31, but may be appealed as provided in section 43 of this chapter.
(c) Administrative Discipline. Notwithstanding the provisions of subsection (a), the colonel may impose on a uniformed member who has served for 1 year or more any permanent discipline that does not involve a suspension of pay, loss of accrued vacation time, loss of rank or seniority, or termination without provision for a trial by board. Prior to imposing such discipline, the department shall provide the uniformed member notice of and the underlying factual basis for such discipline. After such notice, the colonel or the colonel’s designee shall hold a departmental hearing at which the uniformed member shall have an opportunity to respond to the allegations. Following the departmental hearing and upon a finding that there are reasonable grounds for such discipline, the colonel may impose such discipline forthwith.
A uniformed member may not appeal an order imposing discipline pursuant to this subsection under sections 41 to 45, inclusive of chapter 31, but such an order may be appealed as provided in section 43 of this chapter.
SECTION 15. Section 20 of said chapter 22C, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence: - The colonel shall prescribe a training program for persons who shall be enlisted for the first time in the department such that no person, with the exception of the colonel, shall exercise police powers as such a uniformed member until he or she shall have been assigned to and satisfactorily completed such training program.
SECTION 16. Section 23 of said chapter 22C, as so appearing, is hereby amended by inserting, in line 8, after the word “All” the following words:- admissions,
SECTION 17. Said section 23 of said chapter 22C, as so appearing, is hereby further amended by inserting, in line 10, after the words “positions of” the following words:- cadets,.
SECTION 18. Said chapter 22C is hereby further amended by striking out section 26, as so appearing, and inserting in place thereof the following section:-
Section 26. The colonel may promote uniformed members of the state police who are deemed eligible for promotion by the colonel to the title of noncommissioned officer, lieutenant or captain. All promotions shall be based upon a uniformed member’s total promotional score. Such total promotional score shall be based on the sum of scores earned on a competitive promotional examination and from longevity.
(1) Competitive promotional examination:
(i) A member’s competitive promotional examination score shall be calculated as follows:
the number of points awarded to the member for correct answers on such examination divided by the total number of possible points to be earned on the examination, multiplied by 100, multiplied by 0.75.
(ii) For a member who is a veteran, a member’s competitive promotional examination score shall be calculated as follows:
the number of points awarded to the member for correct answers on such examination divided by the total number of possible points to be earned on the examination, multiplied by 100, plus 2, multiplied by 0.75.
(iii) No member shall be eligible for promotion unless the member has attained a mark of at least 70 percent on the competitive promotional examination.
(iv) Promotional examinations for each of the following titles shall be open to all members as follows:
Noncommissioned officer: such examination shall be open to all members who have completed at least 5 years of service as a uniformed member immediately before the final date for the filing of applications for such examination, and have completed, in the immediately preceding year, 1 full year of service in the next lower rank, or title.
Lieutenant: such examination shall be open to all members who have completed at least 1 year of service in the next lower rank, or title, immediately before the final date for the filing of applications for such examination, and have completed at least 8 years of service as a uniformed member prior to the final date for filing applications for such examination.
Captain: such examination shall be open to all members who have completed at least 1 year of service in the next lower rank, or title, immediately before the final date for the filing of applications for such examination, and have completed at least 12 years of service as a uniformed member prior to the final date for filing applications for such examination.
(2) Longevity: for promotion to each of the positions listed below, a member’s longevity score shall be calculated as follows:
Noncommissioned officer: a member shall be granted 1 longevity point for each full month of service since appointment to the department, up to a maximum of 120 months, computed as of the final date for the filing of applications for such promotion. A member’s longevity score shall be the total longevity points granted divided by 120, multiplied by 25.
Lieutenant: a member shall be granted 1 longevity point for each full month of service since appointment to the department, up to a maximum of 180 months, computed as of the final date for the filing of applications for such promotion. A member’s longevity score shall be the total longevity points granted divided by 180, multiplied by 25.
Captain: a member shall be granted 1 longevity point for each full month of service since appointment to the department, up to a maximum of 240 months, computed as of the final date for the filing of applications for such promotion. A member’s longevity score shall be the total longevity points granted divided by 240, multiplied by 25.
Prior to making any promotions in accordance with the provisions of this section, the colonel shall publish and distribute in the orders of the department for each title in the department a list of the members who are eligible for promotion to each such title in the order in which each member shall be considered for such promotion; provided that such order shall be based upon the final determination by the colonel in accordance with the provisions of clauses (1) and (2) of the first paragraph. Each such eligible list for promotion shall be used by the colonel from which to fill vacancies for a period of 2 years from the initial date of said publication; provided, however, if a new eligible list shall not have been established after such 2 year period, each such eligible list shall continue to be used by said colonel for promotions until a new eligible list shall have been established. Any promotion to a vacancy occurring in any title for which an examination is conducted in accordance with the provisions of this section shall be made from the first 3 members on such list who is eligible for such promotion and is willing to accept such promotion.
SECTION 19. Chapter 231 of the General Laws is hereby amended by inserting after section 85AA, as so appearing, the following section:-
Section 85BB. (a) For purposes of this section, a “police officer” shall mean a police officer employed by a state agency or state authority, as those terms are defined in section 1 of chapter 29, or by a city or town.
(b) Any police officer who: (i) knowingly submits to a state agency, state authority, city or town a false or fraudulent claim of hours worked for payment and receives payment therefor; or (ii) knowingly makes, uses or causes to be made or used a false record or statement material to such a false or fraudulent claim of hours worked for payment that results in any police officer receiving payment therefor; or any person who conspires to commit a violation of this section, shall be liable to that state agency, state authority, city or town for a civil penalty of 3 times the amount of damages that the state agency, state authority, city or town sustains because of such violation.
(c) A civil action for damages under this section may be brought in the superior court.
(d) A civil action for damages under this section may not be brought (i) more than 4 years after the date on which the violation occurred; or (ii) more than 4 years after the date when facts material to the right of action are known or reasonably should have been known by an official of the state agency, state authority, city or town who is authorized to approve the initiation of an action for damages, but in no event more than 6 years after the date on which the violation is committed, whichever occurs last. A civil action for damages under this section may be brought for acts that occurred prior to the effective date of this section, subject to the limitations period set forth in this section.
(e) Notwithstanding any other general or special law, rule of procedure or rule of evidence to the contrary, a final judgment rendered in favor of the commonwealth in a criminal proceeding charging fraud or false statements, whether upon a verdict after trial, or upon a plea of guilty, or a continuance without a finding following the defendant’s admission to sufficient facts to support a conviction, shall estop the defendant from denying the essential elements of the offense in any action which involves the same act, transaction or occurrence as in the criminal proceedings and which is brought under this section.
(f) In any action brought pursuant to this section, the party bringing the action shall be required to prove all essential elements of the cause of action, including damages, by a preponderance of the evidence.
SECTION 20. This act shall take effect upon its passage.
