555 CMR, § 9.07 - Good Character and Fitness for Employment

(1) Any assessment of whether an applicant possesses good character and fitness for employment, by an endorsing law enforcement agency or by the Division:

(a) Shall involve due consideration of:

1. The results of a background check conducted in accordance with 555 CMR 9.05;

2. The applicant's responses to any questionnaire that the Commission prescribed for use in such a certification process;

3. Any available information regarding the statements and conduct of the applicant in an oral interview conducted in accordance with 555 CMR 9.06;

4. Commission records concerning the individual, including:

a. Those related to any prior certification applications filed on behalf of the individual; and

b. Those concerning any disciplinary proceedings against the individual;

5. All other available information regarding the applicant; and

6. The applicant's on-duty and off-duty conduct;

(b) May also take into account:

1. Whether the applicant adheres to state and federal law, acts consistently with recognized standards of ethics and conduct as set forth in the October 1957 Law Enforcement Code of Ethics and July 2019 Standards of Conduct adopted by the International Association of Chiefs of Police, and is worthy of the public trust and of the authority given to law enforcement officers;

2. Questionnaires, performance reviews, relevant education, specialized training, professional awards, achievements, commendations by law enforcement agencies or officials or others, instances of imposed discipline, patterns of misconduct, and any other evidence of past performance;

3. Information regarding the applicant that has been obtained by:

a. Requesting that the applicant provide names of or letters from professional references, in addition to any who provided letters in connection with the application, and contacting those professional references to discuss the applicant;

b. Posting a notice concerning the application on a website, and inviting members of the public to provide comment on the application within a reasonable period of time;

c. Affording the applicant further opportunities to respond to any information or allegations that have surfaced; or

d. Taking other reasonable steps;

(c) Shall not, unless there has been an allegation that an applicant has engaged in multiple instances of similar or related misconduct, or protocols adopted by the Commission provide otherwise, take into account an allegation of a particular instance of misconduct, where:

1. An authority has made a decision in the applicant's favor on the merits of a complaint alleging such misconduct;

2. The alleged misconduct is currently the subject of a pending investigation or adjudication by any authority;

3. The applicant has complied, or is in the process of complying, with any disciplinary action or other adverse decision by an authority, in relation to the alleged misconduct, and the applicant has not engaged in any similar conduct since the discipline or decision;

4. The alleged misconduct did not result in either a disciplinary proceeding or court action, and the employer, if any, has not offered a reasonable explanation as to why no such proceeding or action was commenced; or

5. The allegation is not specifically and credibly supported; and

(d) Shall otherwise conform to any protocols developed by the Commission.

(2) After a law enforcement agency completes an assessment of whether an applicant possesses good character and fitness for employment:

(a) If the agency concludes that the applicant possesses such character and fitness, the agency must execute an attestation to that effect in a form prescribed by the Commission in order to serve as an endorsing law enforcement agency for the applicant;

(b) If the agency does not conclude that the applicant possesses such character and fitness, the agency may not serve as an endorsing law enforcement agency for the applicant; and

(c) The agency shall provide documentation concerning the applicant and the agency's assessment upon request by the Commission.

Notes

555 CMR, § 9.07

Adopted by Mass Register Issue 1505, eff. 9/29/2023.