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HOUSE DOCKET, NO. 2668         FILED ON: 1/18/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2138

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Geoff Diehl

_______________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
              Court assembled:

              The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act to further professionalize municipal police officers and their training.

_______________

PETITION OF:

 

Name:

District/Address:

Geoff Diehl

7th Plymouth

F. Jay Barrows

1st Bristol

Nicholas A. Boldyga

3rd Hampden

Christine E. Canavan

10th Plymouth

Cheryl A. Coakley-Rivera

10th Hampden

Thomas P. Conroy

13th Middlesex

Angelo L. D'Emilia

8th Plymouth

Stephen L. DiNatale

3rd Worcester

Diana DiZoglio

14th Essex

Peter J. Durant

6th Worcester

Paul K. Frost

7th Worcester

William C. Galvin

6th Norfolk

Anne M. Gobi

5th Worcester

Kenneth I. Gordon

21st Middlesex

Danielle W. Gregoire

4th Middlesex

Bradford Hill

4th Essex

Randy Hunt

5th Barnstable

Jason Lewis

 

George N. Peterson, Jr.

9th Worcester

John H. Rogers

12th Norfolk

Richard J. Ross

Norfolk, Bristol and Middlesex

Todd M. Smola

1st Hampden

Theodore C. Speliotis

13th Essex

Bruce E. Tarr

First Essex and Middlesex

Donald H. Wong

9th Essex

Angelo J. Puppolo, Jr.

12th Hampden

Michael J. Rodrigues

First Bristol and Plymouth

Thomas J. Calter

12th Plymouth

Michael R. Knapik

Second Hampden and Hampshire

Cleon H. Turner

1st Barnstable

Sarah K. Peake

4th Barnstable


HOUSE DOCKET, NO. 2668        FILED ON: 1/18/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2138

By Mr. Diehl of Whitman, a petition (accompanied by bill, House, No. 2138) of Geoff Diehl and others relative to the training and hiring standards for municipal police officers.  Public Safety and Homeland Security. 


The Commonwealth of Massachusetts
 

_______________

In the Year Two Thousand Thirteen

_______________

 

An Act to further professionalize municipal police officers and their training.
 

              Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

              Chapter 6: Section 116 of the General Laws is hereby amended by striking out the section in its entirety and inserting the following:-

Chapter 6: Section 116. Definitions of terms used in Sections 116 through 119
Section 116. The following words shall, whenever used in this section or in sections 116 through 119, inclusive, have the following meanings unless the context otherwise requires:
(1)              Commission: The Massachusetts Police Officer Standards and Training Commission (MPOST) or its agency staff acting on its behalf, where applicable, or both.
(2)              Executive Director: The executive director of the Massachusetts Police Officers Standards and Training Commission.
(3)              Full-time Police Officer:  A person who receives an appointment to a permanent full-time position in which he will exercise police powers as a municipal, University of Massachusetts, or environmental police officer.
(4)              Part-time Officer: Any police officer who works less than XXX hours per [timeframe], whether paid or unpaid.
(5)              Police Officer: A person empowered to exercise police powers in a fulltime, part-time, or volunteer capacity with a municipal, University of Massachusetts, or Massachusetts environmental police agency.
(6)              Recruit Training: All entry-level police academies and reserve intermittent training programs.
(7)              Reserve/Intermittent Police Officer:  A person who receives an appointment to a part-time position in which he will exercise police powers as municipal, University of Massachusetts, or environmental police officer, whether paid or unpaid.
(8)              Reserve/Intermittent Training Program:  An entry-level training program operated or approved by the Commission that has the prescribed course of study that a reserve/intermittent police officer must satisfactorily complete prior to exercising police powers in Massachusetts.

Chapter 6: Section 116A. Municipal police standards and training commission; members; chairperson; nomination of executive director
Section 116A. There shall be a Massachusetts police standards and training commission within the executive office of public safety. Members of said commission shall be as follows: 4 chiefs of police to be appointed by the governor from nominations submitted by the Massachusetts Chiefs of Police Association, 1 of whom shall be from the western Massachusetts region, 1 of whom shall be from the central Massachusetts region, 1 of whom shall be from the southeastern Massachusetts region, and 1 of whom shall be from the northeastern Massachusetts region, the chief of police of the Massachusetts Bay Transportation Authority Transit Police, 1 chief of police selected by the Massachusetts Chiefs of Police Association, 1 police officer to be appointed by the governor from nominations submitted by the Massachusetts Police Association executive board, the commissioner of police of the city of Boston, the colonel of state police, the attorney general, 1 person to be designated by the secretary of public safety, or their respective designees, a district attorney appointed  by the Massachusetts District Attorneys Association, and a college faculty member in public administration or a related field appointed by the governor. All such appointments shall be for terms of 3 years with their successors appointed in a like manner.  A member may be appointed for additional terms. 
The commission shall elect a chairperson annually and shall, as needed, provide nominations for the selection of an executive director to the secretary of public safety. The secretary shall select an executive director from the nominations submitted by the commission. The nominees shall have practical and academic knowledge in the field of policing, including substantial administrative experience and a degree or degrees in criminology, police administration, or other similar field or any equivalent combination of education and experience. The position of executive director shall be classified in accordance with section 45 of chapter 30 and the salary shall be determined in accordance with section 46C of said chapter 30.
Chapter 6: Section 116B. Massachusetts police standards and training commission; powers and duties
Section 116B: The commission shall establish minimum police officer hiring standards, including minimum age, physical and mental standards, citizenship, good moral character, experience, and other such matters as relate to the competence and reliability of persons to assume and discharge the responsibilities of their offices.

The commission shall establish standards for licensure and training of municipal police officers, candidates for appointment as municipal police officers, environmental law enforcement officers and the University of Massachusetts police officers in accordance with applicable laws and regulations, including requirements concerning courses of study, attendance, equipment and facilities for police officer training; basic recruit training requirements for police officers appointed on a fulltime basis; basic recruit training requirements for part-time or reserve/intermittent police officers; and categories or classifications of advanced in service training programs and minimum courses of study and attendance requirements with respect to the categories or classifications. 

The commission may grant licensure for police officers who comply with this [act] and suspend said license for failure to comply with this [act] or the rules of the commission. Said license may also be suspended for police officers who knowingly falsified or omitted material information on an application for training or licensure to the commission; who have been convicted at any time of a felony offense under the laws of this state or has been convicted of a federal or out-of-state offense comparable to a felony under the laws of this state; or whose license was previously issued by administrative error on the part of the commission
The commission shall review and recommend to the secretary an annual appropriation for the administration of the commission, as well as for the operations of a headquarters and regional training centers, and for the delivery of standardized training at the centers.
Chapter 6: Section 116C. Executive director; powers and duties
Section 116C: The executive director shall be responsible for the implementation of the commission’s training standards, the maintenance of related training records, and the supervision of staff, facilities, and day-to-day operations and shall provide the commission with a monthly report regarding staff activities and police training.  In addition, the executive director shall oversee the development of curricula; the setting of standards for instructor certification and course completion; the establishment of processes for the implementation of commission training standards and for meeting other police training needs as identified by staff and the commission; the inspection of the sites, records, and training for approved training programs to assure compliance; and such other duties as are necessary and appropriate to carry out the purposes of this section.  The executive director is authorized to withhold licensure from any officer not meeting the standards established by the commission, to establish reasonable fees for services as permitted by law to help defray the costs of training, to enter into contracts and leases, and to apply for and accept grants on behalf of the Massachusetts police training commission for purposes of police training.

Chapter 6: Section 116F. Harbormaster training council [Someone caught the duplication and this is now 116F in the current MGLs.]

Chapter 6: Section 117. Meetings; compensation of members
Section 117. The commission shall meet monthly and at other times when ordered by the governor, secretary or chairman or upon the written request of 3 members. A majority of commission members shall constitute a quorum for the transaction of commission business.  Commission members shall serve without compensation but may be reimbursed for their necessary expenses incurred in the discharge of their official commission duties. 

Chapter 6: Section 118. Municipal police training schools; approval; rules and regulations relative to schools
Section 118. The Massachusetts police training commission shall approve or disapprove municipal, University of Massachusetts, and environmental police recruit training schools and shall make rules and regulations subject to the approval of the governor and council, for such schools, relating to courses of study, attendance requirements, equipment and facilities and qualifications of instructors and such other rules and regulations related to police training standards as may be necessary.  The commission is authorized to conduct site visits and inspect the records of approved schools for purposes of assuring compliance with training requirements.  Regulations adopted by the Commission shall apply to all agencies and local governments in Massachusetts that employ persons as municipal, University of Massachusetts or Massachusetts environmental police officers.

Chapter 6: Section 118A.  Legislative intent.
Section 118A.  It is the intent of the General Court in creating the Massachusetts Police Standards and Training Commission to provide for the coordination of standards and training programs for municipal, University of Massachusetts or Massachusetts environmental police officers.
Chapter 6: Section119. Domestic violence complaints; basic training course; enforcement guidelines
Chapter 6: Section 119A. Hate crimes; police instruction

[REPEAL THIS SECTION – antiquated]

Chapter 6: Section 119B. Protection, care and custody of minors upon arrest of parents or guardians; police instruction

Chapter 6: Section 119C. Bicycle safety enforcement training

Chapter 41: Section 96B. Police training schools; supervisory training; attendance by persons exercising police powers; wages and expenses; exceptions; removal for failure to attend
Section 96B. Every person who receives an appointment to a position on a full-time basis in which he will exercise police powers in the police department of any city or town, the University of Massachusetts or the Massachusetts environmental police, shall, prior to exercising police powers, be assigned to and satisfactorily complete a prescribed course of study approved by the Massachusetts police standards and training commission. The provisions of chapter thirty-one and any collective bargaining agreement notwithstanding, any person so attending such a school shall be deemed to be a student officer and shall be exempted from the provisions of chapter thirty-one and any collective bargaining agreement for that period during which he is assigned to a police basic recruit training school, provided that such person shall be paid the regular wages provided for the position to which he was appointed and such reasonable expenses as may be determined by the appointing authority and be subject to the provisions of chapter one hundred and fifty-two.
Every police officer on a full-time basis in any such municipal, University of Massachusetts, or the Massachusetts environmental police department, shall be assigned to and shall attend a prescribed course of study approved by the Massachusetts police standards and training commission for in-service officers training and continuing education at such intervals and for such periods as said commission may determine. Any such police officer who receives an appointment to a position of higher rank shall, in addition, complete such other courses of supervisory training as said commission may determine. While attending such school or completing such courses, such persons shall be paid his regular wages as a police officer and shall receive such reasonable expenses as may be determined by the appointing authority.
Each person appointed as a reserve or intermittent police officer in a city or town, at the University of Massachusetts, or in the Massachusetts environmental police shall, prior to exercising police powers, satisfactorily complete a course of study prescribed by said commission. Any such officer shall also be assigned to and shall attend a prescribed course of study approved by the Massachusetts police standards and training commission for in-service officers training and continuing education at such intervals and for such periods as said commission may determine. Any such police officer who receives an appointment to a position of higher rank shall, in addition, complete such other courses of supervisory training as said commission may determine.
Upon petition to the Massachusetts police standards and training commission by the appointing authority, a person appointed to a position on a full-time, reserve, or intermittent basis in which he will exercise police powers in the police department of any city or town, at the University of Massachusetts, or in the Massachusetts environmental police may be exempted by said commission, in whole or in part, from the provisions of this section prior to his exercising police powers. The requirement that training be completed prior to exercising any police powers may be waived by said commission.
Failure of an appointed person to satisfactorily meet the standards set by the commission and to complete all prescribed courses of study may result in the commission withdrawing or withholding the appointed person’s license. Upon the commission withdrawing or withholding the appointed person’s license, the appointing authority shall remove the appointed person from his position as a police officer until such time as the license is reinstated. 
Chapter 41: Section 96C. Police officer minimum qualifications
Section 96C. No agency or any other person authorized by law to appoint municipal, University of Massachusetts or Massachusetts environmental police officers in this state shall appoint any person as a police officer who does not meet the following qualifications. The person shall:
(1)              Be a United States citizen;
(2)              Be at least 18 years of age;
(3)              Be fingerprinted. Local, state and national fingerprint files shall be searched to determine if the applicant has a criminal record;
(4)              Not have been convicted of a crime for which he could have been imprisoned in a federal penitentiary or state prison;
(5)              Hold a high school diploma or evidence of an equivalent achievement;
(6)              Have good moral character as determined by a background investigation. The hiring agency shall complete a background investigation as defined by the commission of any applicant for employment as a police officer before the applicant may be employed or begin training as a police officer;
(7)              Be free of any physical, emotional or mental conditions which might adversely affect his performance of duty as a police officer. Emotional and mental conditions shall be evaluated by a licensed psychologist or psychiatrist; and
(8)              Pass an oral interview examination by the hiring agency.

A person who is convicted of a felony after his appointment as a police officer is ineligible for continued employment as a police officer.  If the person has been licensed by the Massachusetts police standards and training commission, his licensure shall be automatically revoked on the date of his conviction.  The executive director shall notify the person and the person's employing agency upon revocation of licensure under this subsection.

Chapter 147: Section 31. Names and status of police officers sent to Massachusetts police training commission; failure to send names
The chief of police, commissioner, or chief executive of any municipal, University of Massachusetts, and Massachusetts environmental police department and the clerk of each town in which no chief of police or city marshal is appointed shall, within fifteen days after such appointment, notify the executive director of the Massachusetts police standards and training commission of the name of any person appointed to a fulltime, reserve, or intermittent police officer position and shall, within fifteen days after such actions, send to the executive director of the Massachusetts police training commission the names of all the police officers, including fulltime, part-time, reserve, and intermittent officers, who have resigned, retired, been terminated, died, or otherwise had a change of status using forms prescribed by the commission. If he neglects or refuses so to do, he shall be punished by a fine of fifty dollars.

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