A new area of the Law Enforcement Agency (LEA) portal is open for authorized agency users to submit and update disciplinary records, complaints, and incident reports directly to the Commission.
This LEA portal debuted in 2023 to streamline the submission of recertification applications. POST expects that the new expanded portal functionality will help agencies comply with the 90-day internal investigation requirement and better manage time extension requests, as outlined below.
REPORTS DUE TO POST:
Law Enforcement Agencies (LEA) are required to submit information to POST within two (2) business days of receipt of a credible complaint or incident alleging misconduct of an officer(s).
Complaints and incidents regarding misconduct can originate from any source. All complaints should have a presumption of credibility, and anonymous complaints are also required to be submitted and investigated if there is a basis for conducting an investigation. There is no statute of limitations. Reports to POST include allegations of unprofessional conduct and any incidents that may result in discipline, including any allegations of prohibited conduct per MGL Chapter 6E.
Reportable complaints and incidents fall into the following four categories:
- Complaints alleging bias based on race, ethnicity, sex, gender identity, sexual orientation, age, religion, mental or physical disability, immigration status, or socioeconomic or professional level;
- Complaints regarding use of force including excessive, prohibited, or deadly force;
- Actions that resulted in serious bodily injury or death including officer-involved shootings;
- Unprofessionalism or misconduct including policy or procedure violations or conformance to laws, conduct unbecoming, untruthfulness and prohibited conduct.
All complaints and incidents relating to the first three categories are reportable to POST without exception. Unprofessional conduct is the only category that includes an exception for minor matters.
Minor matters include discourtesy and basic work rule violations such as tardiness, inattention to detail, equipment violations, grooming violations, or comparable infractions. Under 555 CMR 1.01 (1)(c)3, “an agency shall forward any pattern of complaints alleging the misconduct of an officer to the commission." Agencies are required to maintain records of these minor complaints, refer them to an internal resolution process, and make them available to POST upon request.
Additional reporting guidance on complaints and incidents is found here.
USE OF FORCE REPORTING:
All complaints of excessive force, including force that resulted in serious bodily injury or death, should have a presumption of credibility and are required to be submitted.
All instances of use of force that triggers an internal affairs review are also reportable, even if the investigation eventually exonerates the officer.
As per Chapter 6E, POST and MPTC are required to formulate a use of force form for agencies to use. POST has initiated this process and will update agencies soon.
Chiefs should direct questions to the Division of Standards at POSTCReports@mass.gov or 617-701-8421. Division of Standards intake coordinators are available to help.
Additional Resources
Frequently Asked Questions
What happens if an officer resigns or retires during the internal investigation? The investigation and disciplinary process is required to continue. Please notify POST of the change in officer status and submit the entire historical record. Documentation should also include a recommendation by the agency head as to whether and how the Commission should impose disciplinary action.
Are police departments required to investigate a complaint about an officer who is no longer working for them? Yes, agencies are required to report these incidents to POST and investigate all credible complaints.
Are one-day suspensions reportable? Yes. Complaints and incident reports resulting in an officer suspension for any period are reportable.
An officer has been accused of feigning illness, which may be an abuse of sick leave. Is that reportable? Yes. Complaints or incidents that allege policy violations or untruthfulness are reportable, as they fall under the category of unprofessionalism, and are not considered a minor matter.
An officer was in a crash involving their police cruiser. Is that incident reportable? Yes, if the crash results in motor vehicle homicide, bodily injury or property damage and/or the matter triggers an internal affairs investigation.
A citizen reported our officer drove through a stop sign. Are civil motor vehicle infractions reportable? No, this is considered a minor matter. Agencies are required to maintain a log of minor complaints, which need not be submitted, but made available upon request. If an officer receives a complaint for a minor matter that results in discipline (written reprimand or above), the matter is reportable.
How do agencies handle additional complaints or charges discovered during an investigation? Allegations and additional officers can be added to the original complaint at any time.
Will agencies be notified when a citizen reports a complaint to POST? Intake coordinators will email the LEA when POST shares a complaint. If the agency subsequently opens an IA, report those findings through the portal. If POST and an LEA receive the same complaint, POST will link the two in the portal. Regarding complaints where an IA is not warranted, the department can provide context and upload any relevant files through the portal for POST to review. If after review, POST will request the LEA open an IA, or POST will close the complaint.
Does POST close complaints in the portal that were received by the Commission? If the LEA has opened an IA, POST will update the portal to reflect this and the LEA will be able to close the IA through the portal, just like a complaint that originated from the LEA. After an IA has concluded, POST will review all the information. If POST adopts the agency’s findings, the disposition will show under allegation(s) in the portal.
| Date published: | March 13, 2024 |
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| Last updated: | April 2, 2024 |