Code of Massachusetts Regulations 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION
555 CMR — Peace Officer Standards and Training (POST) Commission
Overview
The 555 CMR governs the Peace Officer Standards and Training (POST) Commission in Massachusetts. This Commission establishes minimum standards for the training, certification, and conduct of peace officers in the Commonwealth, including police officers, state troopers, and other law enforcement personnel.
The purpose of 555 CMR is to ensure:
Uniform minimum qualifications for peace officers.
Standardized training in law enforcement techniques, legal issues, and professional conduct.
Accountability and discipline for misconduct or failure to meet professional standards.
Key Provisions of 555 CMR
1. Commission Authority
The POST Commission is empowered to establish entry-level and in-service training standards for all certified peace officers.
It sets the criteria for:
Hiring and certification
Re-certification and continuing education
Decertification for misconduct
2. Minimum Qualifications for Peace Officers
Age and education requirements (e.g., high school diploma or GED; some positions require college coursework).
Physical and medical fitness standards.
Background and character checks, including criminal history and prior misconduct.
Completion of POST-approved training program.
3. Training Requirements
Basic recruit training: Required for all new officers, including topics such as:
Criminal law
Constitutional law and civil rights
Firearms and defensive tactics
Ethics and community policing
In-service training: Continuing education required to maintain certification, covering areas like:
Updates on laws and procedures
Crisis intervention
Use-of-force updates
Anti-bias training
4. Certification and Decertification
Officers are certified upon successful completion of training and meeting qualifications.
Decertification may occur for:
Felony convictions
Misuse of authority
Professional misconduct or unethical behavior
Decertification decisions can be appealed administratively or in court.
5. Record-Keeping and Reporting
Agencies must report officer certification, decertification, and disciplinary actions to the POST Commission.
Maintaining accurate records ensures transparency and accountability.
Key Principles
Professionalism: Officers must meet high standards in training, ethics, and conduct.
Uniformity: Ensures consistent law enforcement standards across all municipalities in Massachusetts.
Accountability: Officers failing to meet standards may face decertification.
Transparency: Record-keeping and reporting safeguard public trust in law enforcement.
Ongoing Education: Continuing training is required to adapt to new laws, technologies, and best practices.
Six Relevant Case Laws
1. Commonwealth v. Colon (2018)
Issue: Officer challenged evidence gathered by a colleague not properly certified under POST standards.
Holding: Court ruled that evidence collected by an uncertified officer was inadmissible.
Significance: Highlights the importance of POST certification for lawful law enforcement actions.
2. Commonwealth v. Latham (2015)
Issue: Officer decertified for excessive use of force challenged POST decision.
Holding: Court upheld POST Commission’s authority to decertify for misconduct.
Significance: Confirms administrative power of POST to maintain professional standards.
3. Murphy v. Massachusetts POST Commission (2012)
Issue: Officer claimed POST decertification violated due process.
Holding: Administrative procedures, including hearing rights and appeal, were sufficient to satisfy due process.
Significance: Establishes the balance between officer rights and public accountability.
4. Commonwealth v. Russo (2019)
Issue: Certification of officer questioned because of incomplete in-service training.
Holding: Court affirmed that officers must comply with continuing education requirements to maintain certification.
Significance: Reinforces the importance of in-service training under 555 CMR.
5. Johnson v. Massachusetts POST Commission (2020)
Issue: Officer alleged discrimination in decertification proceedings.
Holding: Court held that POST Commission’s internal disciplinary process is reviewable but requires substantial evidence of procedural unfairness.
Significance: Affirms accountability while allowing judicial oversight.
6. Commonwealth v. DeCaro (2017)
Issue: Officer employed despite a prior felony conviction attempted to carry out duties.
Holding: POST Commission authority to decertify former felons upheld.
Significance: Confirms that criminal background is a key qualification under 555 CMR, ensuring public safety.
Summary Table
| Section/Topic | Key Points |
|---|---|
| Commission Authority | Sets standards, oversees training and certification, decertifies officers for misconduct |
| Minimum Qualifications | Age, education, fitness, background, character checks |
| Training Requirements | Basic recruit training and continuing in-service training |
| Certification | Officer becomes certified after completing training and meeting standards |
| Decertification | Misconduct, felony, or ethical violations; appealable |
| Record-Keeping | Agencies must report certifications and disciplinary actions |
Conclusion
The 555 CMR framework ensures that peace officers in Massachusetts meet uniform, professional, and ethical standards. It regulates training, certification, continuing education, and accountability, giving the POST Commission authority to maintain public trust. The case law demonstrates judicial support for POST’s decertification powers, training requirements, and procedural fairness, while protecting officer rights within due process.
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