25 Investigates: POST targets delayed police officer discipline

The Massachusetts agency responsible for statewide law enforcement oversight is seeking to put a clock on police officer discipline.

The Peace Officer Standards and Training (POST) Commission is looking at closing a loophole that has allowed some departments to delay discipline for years after investigations finish.

While state law requires law enforcement agencies to complete internal affairs cases within 90 days, there is no required timeframe for punishing officers found to have engaged in misconduct.

Boston’s Lingering Cases

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25 Investigates previously reported that the Boston Police Department took more than seven years to suspend an officer accused of lying about an off-duty altercation and other infractions.

At a POST Commission hearing Thursday, Larry Calderone, president of the Boston Police Patrolmen’s Association and a POST commissioner, spoke of an even longer delay, which he described as “completely preposterous.”

“We had an officer who was involved in a use-of-force incident where an arrest was made,” Calderone said. “Ten years later, with a clean disciplinary record, the department wanted to issue suspension discipline before that officer retired.”

Data recently presented to the POST Commission shows 34 completed internal affairs cases across Massachusetts that have gone more than 60 days without disciplinary action.

More than half of those outstanding cases belong to the Boston Police Department, the state’s largest municipal force, with more than 2,000 sworn officers.

During the meeting, Calderone said delayed discipline hurts officers, too.

“It’s really tough to have an officer waiting extended periods of time and then, all of a sudden, four years later, out of the blue, they are getting heavily disciplined or, in some cases, possibly being threatened with termination,” he said.

25 Investigates requested a comment from Boston Police, but did not hear back before our deadline.

According to data shared at the public meeting, 13 police departments have cases exceeding the 60-day mark. The average delay is approximately 212 days.

Proposed Regulations and Enforcement

The POST proposal would require state and local law enforcement agencies to impose discipline “as soon as practicable” and no later than 60 days after an investigation ends.

Extensions would be granted for “good cause,” and departments would be required to report all imposed discipline to POST immediately.

POST Commissioner Rev. Clyde Talley spoke in support of the measure.

“If a line isn’t drawn, then there is no line.”

Public Notices, Fines

To enforce the rule, POST is considering publicly identifying agencies that fail to comply, withholding agency certifications and imposing monetary fines.

Fines would require additional regulations, which POST plans to begin drafting shortly, according to a POST spokesperson.

“We think putting a timeframe in place, with the possibility for extensions, will prompt or incentivize people to do these more timely,” said Enrique Zuniga, executive director of the POST Commission.

A vote on these changes could occur as early as next month.

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