Amendment ID: S2800-54-R1

Redraft Amendment 54

Decertification Standards

Messrs. Moore, Brady, Pacheco, Tarr, O'Connor and Timilty move to amend the bill in section 6, in proposed subsection (c) of section 225 of chapter 6 of the General Laws, by adding the following 2 sentences:- “The regulations shall provide that if an officer notifies the committee that they wish to suspend decertification proceedings pending the final resolution of a complaint or grievance, including any appeal or arbitration, the committee shall suspend decertification proceedings; provided, however, that the suspension shall not exceed 1 year. Upon notification by the officer that the officer wishes to proceed and resolve the decertification proceedings or 1 year after the suspension was initiated, whichever occurs first, the committee shall resume proceedings and shall consider the results of any proceedings related to the complaint or grievance that occurred during the suspension but shall not be bound by the findings made in those proceedings.”; and

in said section 6, by striking out, in line 364, the words “a preponderance of the evidence” and inserting in place thereof the following words:- “clear and convincing evidence”; and

in said section 6, by striking out, in lines 367 to 370, inclusive, the words “or suspend a certification or issue a reprimand, upon a finding by a preponderance of the evidence, by majority vote of the hearing panel, of any grounds set forth in subsection (b) and there is good cause to revoke or suspend a certification or to issue a reprimand” and inserting in place thereof the following words:- “a certification, upon a finding by clear and convincing evidence, by a majority vote of the hearing panel, of any grounds set forth in subsection (b) and there is good cause to revoke the certification. The police officer standards and accreditation committee may suspend a certification or issue a reprimand, upon a finding by a preponderance of the evidence, by majority vote of the hearing panel, of any grounds set forth in subsection (b) and there is good cause to suspend the certification or to issue a reprimand”.