Rules & Regulations Flashcards
(152 cards)
1
Q
Regulations for the governance of the state, police authorization serverability
A
The Massachusetts State Police rules and regulations are issued pursuant to Mass general law, chapter 22C these rules and regulations cancel and supersede. All previous rules and regulations causes actions to rising from events transport prior to March 19, 1997 shall be Governed by the rules of regulations, and then in effect.
2
Q
Introduction: Fundamental principles “members shall” (6)
A
E-A-E-P-S-P
E-Elevate the standing of the law enforcement profession in the public mind (ELEVATE)
A-Appreciate the responsibilities of their office. (APPRECIATE)
E-Endeavor to develop and maintain the public support and cooperation (ENDEAVOR)
P-Promote the concept of teamwork for the benefit of all (PROMOTE)
S-Strive for full coordination of effort in all official relationships (STRIVE)
P-Provide high-quality problem-solving in community oriented and police services (PROVIDE)
Fundamental principles elevate to appreciate the endeavor and promote and strive to provide.
3
Q
Code of ethics
A
All members and civilian employees shall abide by this code of ethics, which is a reflection of the organizational values of the Massachusetts State Police, and is adopted as a general performance standard for all members and civil employees
4
Q
List of the code of ethics, all begin with “We Shall”….
A
Code of Ethics
Respect the diversity of and be sensitive to all people
Accept our responsibility to the public, by being punctual our engagements and expeditious in the performance of duty
Regard our office as a public trust in the discharge of our duties be mindful of our primary obligations to serve the public efficiently and effective
Administer the law in a just impartial and reasonable manner, affording the same reasonable treatment to all cases
Recognize the limitations of our authority and at no time use the power of our office for our personal advantage
Be true to our obligations as custodians of public property
Not diminish our integrity, or limit our effectiveness by accepting gratuities or favors
Cooperate with other public officials to assure the safety and general welfare of the public not permit jealousy or personal differences to influence our ability to cooperate
Add to our Effectiveness enhancing training, diligence, study sincere attention to self improvement, including physical readiness, disseminate, practical, and useful information related to the matters of public safety and welfare
Bear Faithful allegiance to our government, and be loyal to our profession
fervently seek out and report the truth
Code of Ethics
5
Q
Organizational values
A
MEP-PCP
Maintenance/Excellence/Protection/Problem/Continuous/Performing
M-Maintenance of the highest standards of integrity and ethics
E-Excellence and teamwork in the performance of duty
P-Protection of constitutional rights
P-Problem-solving for continuous improvement
C-Continuous planning for the future
P-Performing public service and law-enforcement tasks to provide leadership to the police profession
Organizational values maintain excellent protection, but the problems are continuously performing.
6
Q
Superintendent
A
Executive & administrative officer of the state police. Promulgates all rules, regulations policies, procedures, orders directives, discovering the state, police, including discipline, organization, government administration, training, and compensation.
7
Q
Deputy superintendent
A
Second in command, shall exercise authority and supervision, over functions of the MSP, as the colonel may assign, and during the absence of or when designated by the colonel
8
Q
Staff officers
A
Colonel superintendent
Lieutenant, colonel, deputy superintendent
Lieutenant, colonel
Major
Officers so appointed may be returned to their previous rank, or the rank of captain at the discretion of the colonel
9
Q
Commissioned officers
A
Detective captain
Captain
Detective Lieutenant
Lieutenant
Officers, holding the ranks of detective captain, or detective lieutenant may be returned to their previous rank at the discretion of the colonel
10
Q
Noncommissioned officers
A
Shall exercise such authority and supervision over functions of the MSP as may be assigned by Senior supervisor members or proper authority, Sgt
11
Q
Command responsibility
A
Unless otherwise, ordered by the colonel deputy or senior staff officer, commissioned officer, noncommissioned officer, or other senior member, present, shall be and command
12
Q
Senior member status shall be determined by
A
Rank
Length of service in rank and/or
As named in order of appointment or promotion
13
Q
Homicide scene
A
Member designated by DIS commander of jurisdiction, shall assume immediate command. Orders concerning the investigation shall only be given by direction of the colonel or senior supervisor member within DIS.
14
Q
Supervisory members shall be responsible for:
A
Adherence to all state, police rules, regulations policy procedures, orders, and directives.
They are responsible and accountable for the maintenance of discipline, shall provide leadership and supervision & continuous training.
Serve example to ensure efficiency of all operational areas positively influence other members & motivate them. They have responsibility for the performance of all members placed under them.
While they can delegate AUTHORITY and FUNCTIONS, They cannot delegate RESPONSIBILITY.
15
Q
Supervisory members shall
A
Report violations of law, committed by employees through channels to the colonel
report, violations of Massachusetts state police rules, regulations policies, procedures, orders, and directives, committed by employees through channels to the division commander, and as appropriate to the colonel
16
Q
Unusual occurrences
A
Shall be reported through channels to the division commander and is appropriate to the colonel
17
Q
Unusual occurrence that may result any question of the departments liability, and/or result in heighten community or media interest
A
Reported through channels to the division commander and as appropriate the colonel
18
Q
If aggrieved by treatment or actions of a senior employee, not amounting to a violation of rules and regulations
A
Notify the appropriate division commander in writing through channels such complaint, then shall be forwarded promptly through channels to the office of the colonel superintendent with recommendations
19
Q
State of emergency
A
Be on duty or subject to recall 24 hours a day. You may be recalled from leave for vacation when necessary all members excluding those on suspension injury, or approval, shall immediately contact their duty assignment, supervisor, or other supervisor within the chain of command for specific instructions.
20
Q
Emergency duties
A
Applies to all members, without exception in regardless of rank assignment or duties
21
Q
Probationary member
A
On break in no such probation member shall wear a SP uniform or parts, commuting to, and from their duty assignment, and a private vehicle, unless authorized by the Troop commander
22
Q
Civilian employees and the clarification of conflicting illegal orders directives
A
If Receive from their immediate supervisor then clarification shall be through a higher level supervisor within their chain of command
23
Q
Civilian employees state of emergency
A
Contact their duty assignment, supervisor, or other supervisor within their chain command, if employees designated emergency or rotating emergency personnel
24
Q
Civilian employee code of conduct
A
Abide by the code of conduct or Commonwealth employment standards, established by Human Resources, division, and the employees CBA
25
Vacancies
Colonel shall, in personnel order, pronounce his intention to do so, fill such promotional vacancies within 60 days of such order issued
26
Promotions
The colonel shall promote individuals to promotional vacancies within 60 days
27
If promotional vacancies is not feasible
Colonel will issue a written order to the division of administrative services within 60 days specifying that one or more of the following reasons exist, which shall prevent the fill of such vacancies in the near future:
Abolishment of division, sections units
Insufficient funding
On going staffing study
28
If promotional vacancies not possible timeframe
No order issued by the colonel pursuant to rule 4.4 shall CONTINUE IN EFFECT for more than 180 days unless the colonel issues a new order to the division of administrative service stating the specific reason for extending such order
29
Unbecoming conduct
Do not associate with individuals engaged in criminal activities, unless the performance of duty or official police business
Do not frequent, or remain any place that know or should know criminal activity is occurring unless the performance of duties or official police business
30
General conduct
Members shall not participate in any act which impairs their ability to perform as members of the state police, or causes the state police to be bought into disrepute
31
Conformance to laws
The finding of responsible, continuance without a finding, or conviction, due to alleged violations of any law, shall be prima facia of a violation of the section
32
Members who have been arrested, indicted, or for which a complaint, restraining order, or warrant for arrest has been issued shall notify whom?
Shall notified their duty assignment supervisor fourth with said incident or belief members are further required to provide a copy of any order. Modifying any previously issued permanent or temporary court order.
33
Members who believe their drivers license has expired, suspended or revoked, or restricted in anyway (except for contact lenses) shall
Notify their duty assignment supervisor fourth with.
34
Members who believe their firearms license has expired, has been suspended, revoked, or restricted
Notified duty assignment supervisor fourth with
35
Chapter 265 session 13 H
Members shall not commit acts prohibited against persons in their custody or control
36
Reporting for duty:
Report at the time in place required by assignment orders, and be physically and mentally fit
Perform any law-enforcement duty that may be required of them by any senior member or proper authority
Member assigned to a patrol shall not leave the patrol post, except for police necessity or personal necessity. If required to quit, Post , Members shall first receive permission to leave assignment by a supervisor, or property authority
37
Neglect of duty
Members shall not engage in any activities or conduct any personal business or affairs, which would cause neglect or be inattentive to duty
38
Unsatisfactory performance
Member shall performed their duties in such manner as will maintain the highest professional accepted performance standards, and carrying out the functions and objections of the state police
39
Unsatisfactory Performance (defined as):
Lack of knowledge, lack of application of laws and ability to perform tasks, failure to conform to standards, failure to take appropriate action on occasion of a crime, or absent without leave (AWOL). In addition, repeated infractions of rules and regulations shall be considered prima facia evidence of satisfactory performance.
40
Outside employment
Refer to outside employment guide and electronically submit a written request for off duty employment through channels to the colonel approval must be granted prior to the performing of such off duty employment
41
Alcoholic, beverages or controlled substances
Member shall not permit any person to store, or bring any alcoholic beverages, or controlled substances into a state facility or vehicle, except that which is held as evidence in a course official duties, unless authorized by the by the colonel
42
Possession of controlled substances by member
Members shall not possess or use any control substances, except when prescribed by a licensed medical practitioner, for a legitimate medical purpose. If this could potentially impair the ability to perform duties, member member shall notify their duty assignment supervisor for with
43
Alcoholic beverages, while on duty
Not consume any alcohol, alcoholic beverages, while on duty, except in the performance of duty, and acting under specific orders from a supervisor member, or proper authority, not to appear for duty while under the influence of alcohol to any degree whatsoever or with an oder of alcoholic beverage on their breath
44
Use of tobacco
No one appointed or hired after January 1, 1988 shall smoke any tobacco product
45
Members who can smoke (hired before January 1, 1988)
No member or civilian employee shall smoke any tobacco product or possess any lit tobacco product in any department building or vehicle unless the vehicle is assigned to the member or employee in the member is alone and said vehicle
46
Foreign object in mouth
When in uniform shall not use tobacco, chew gum, or have any foreign objects in mouth, while in the public or in formation
47
Insubordination
Promptly obey any lawful order, convey to them invite any senior member or proper authority
Assault strike, threaten draw or lift up in weapon or feign violence against any employee
Not use, threatening, or insulting language, or behaving any insubordinate or disrespectful manner towards an employee
48
Conflicting orders: rules, and regulations
Member shall inform the issuing senior member of proper authority of the conflict unless the senior member alters or retracts, their order said order shall stand under the circumstances the responsibility for the conflict shall rest with the senior member or proper authority issuing, said order.
49
Order requiring an act to commit violation of law
Members shall not, obey in order, which they know, or should know, would require them to commit an act violation law
If they belief in good faith order would result in violation of law, member shall informthe issuing senior member or proper authority of the violation and if the order stands or is revised, still calls for the violation of law, the member shall be allowed, reasonable time to confer with a more senior supervisor member, or proper authority within their division.
if after conferring, the order is not overturned and the member refuses to obey such order, the member shall be accountable for any violation of these articles
50
Conflict or doubt to the meaning of written, MSP rules, regulations, policies, procedures, orders, or directives
Application shall be made in writing through channels to the colonel for explanation or possible correction
51
Gifts, gratuities, bribes, or rewards
If accepted, shall be subject to criminal sanctions and discharge from office.
members shall not accept any gift from any person or business corporation that seems to influence action of official nature, or has in interest, which may reasonably inferred substantially affect directly or indirectly the performance or non-performance of an official duty.
52
Uniform parts, equipment, identification, cards or badges
Shall not lend uniform parts, equipment, identification cards, or badges
Not permit such identification cards, and badges to photographed or reproduced without specific approval of the colonel
53
Testimonials, advertisements, for any commodity commercial enterprise, or political purpose
Members are not authorized the use of their names, photographs, likeness, or official titles in connection with the above
54
Member Involvement between criminals and victims
Not become directly or indirectly involved with any arrangements agreements, or compromises between criminals and their victims without first receiving permission from their duty assignment, supervisor, and after consulting with prosecuting attorney
55
Member involvement between criminals and restitution for loss, wages, loss, details, or any other payment or benefit from criminal
Shall not become directly or indirectly involved with the above, without first, receiving permission from their duty assignment, supervisor, and consultation with the appropriate prosecuting attorney
56
Endorsements and referrals
Members shall not recommend or suggest in any manner, employment, procurement, or supportive, any product, service, charity, or proposed law or regulation
Unless authorized by the colonel
57
Identification
Carry badge photo ID card at all times unless impractical or dangerous to their safety, or to an investigation
58
Name, current duty assignment, and identification number
Furnish upon request, when on duty or while acting in an official capacity
Same standard applies for civilian employees
59
Suspension five or more consecutive days
Turn in issued badge, ID card, and weapon to their division commander before the suspension commences
60
Suspension for 30 or more consecutive days
Turning all their issued equipment to the supply section before the commencement of the suspension.
any equipment issued missing, suitable because of neglect or abuse, full payment to the fiscal section.
while on suspension members deprived of all SP powers and privileges, and must not identify themselves as members
61
No business cards produced or possessed
Unless for an official law-enforcement purpose
62
Order for riot helmets worn (civil disturbance)
Shall display the members full and accurate state police identification number
3502
63
Political activity
PROHIBITED UNDER ANY CIRCUMSTANCE. prohibition from using their official capacity to influence interfere with or effective of any election or public office, basically all public activities are prohibited except voting and CBA matters
64
Civil actions brought as a result of personal injuries incurred while in the performance of duties
Shall immediately notify the colonel through channels, and in writing in file with the colonel copies of any complaints, allegations, and any notification of settlements, and also the final disposition of the action or negotiation
65
Residency requirements
Reside within the boundaries of the Commonwealth of Massachusetts change of address, reported immediately in writing to their supervisor who forwards to the Director of Human Resources
66
Telephone
Provide number to the duty assignment supervisor, for direct access and immediate contact
67
Removal or copying of official records, or reports
From state police installation, only in accordance with established procedures
68
Comments concerning publication, interviews and in public speeches
Do not comment for publication or interview, or make public speeches on police business, except by permission of the colonel
Request for interviews shall be directed to the colonel through the public information section
69
If you express opinions on matters outside the scope of your employment
Do not directly or indirectly, represent the Msp or identify yourself as an Msp member, while expressing these opinions
70
Intervention
Do not intervene in investigations by other members or other agencies
Unless order to intervene by a supervisor member, or proper authority, or the situation in circumstances warrant such intervention
71
Undertaking investigations
Do not undertake any investigation, or other official action, not part of your duty assignment, without obtaining permission from an immediate supervisor
Unless exigencies of the situation require immediate MSP action
If that event occurs, it shall be reported as soon as possible to their immediate duty supervisor, or proper authority
72
Abuse of process
Members shall not knowingly, make untrue statements or accusations, at any stage of an administrative hearing civil proceeding or criminal proceeding
73
Ride-alongs
Non-department personnel for instructional or informational purposes shall not be permitted, unless approved in advanced by the members Troop section unit commander, or designate
74
No member shall not permit any nonmember to wear any parts of any issued Massachusetts state police uniform assigned to them
There are no exceptions to this…rules and regulations 5.26.9
75
Truthfulness
Members shall truthfully answer, all questions, specifically directed in narrowly related to the scope of employment and operations of the MSP, which may be asked of them, an invocation of constitutionally protected rights, shall not be a violation of this rule
76
Official correspondence in official business
Members must transact all their official correspondence and official business through their commanding officer
77
Intercession
For the purpose of seeking preferential treatment, or for transfer retransfer assignment or promotion No member shall directly or indirectly, cause any person not their duty assignment supervisor, to intercede on their behalf, with another supervisor remember for this purpose
78
Administrative Leave with pay (1-day) (SHALL)
Temporary relief from duty
Supervise member SHALL temporarily relief from duty and place on admin leave with pay for not more than (1) one workday. Any member who is “unfit for duty”
79
Administrative leave with pay (1-day) (part two)
A written report of the incident shall be forwarded through channels to the division commander fourthwith with a copy given to the relieved member
80
Administrative leave with pay (1-day) part three
The supervisor member shall also secure any issued weapons, identification cards, and or other equipment, and relieved members possessions when necessary
for the safety of the member or other person.
81
Administrative leave with pay (5-day) (MAY recommend)
NOT TO EXCEED 5 WORK DAYS
A troop/section/unit commander through channels MAY recommend to a division commander that a member who is
Subject to an investigation is arrested or indicted or has the complaint warrant issued against them
Is the subject of an internal investigation
Engages in a strike or prohibited job, action or
Has failed to attend or successfully complete compulsory training as mandated by the colonel
Is the subject of a court directing refrain from abusing a family or household member or to refrain from threatening or endangering the health, safety and welfare of the family or household number.
Administrative leave with pay shall not involve loss of pay initially however loss of pay relating to this period of administrative leave may be later imposed, along with other disciplinary action
the supervisor member shall secure any issued weapons, identification cards, and other equipment relief members position appropriate
82
State police Surgeon General concerning administrative leave with pay for one day
In the matter of examining member for duty, the surgeon, shall recommended the colonel in writing a duty status as follows:
Full duty or
No duty, member may use sick vacation, personal or other accrued time as allowed by the CBA
Temporary modified duty
83
Administrative leave with pay for a period not to exceed five workdays
A troop commander MAY recommend through channels to the division commander any member who is:
Subject to criminal investigation, arrested, indicted, criminal complaint, or warrant issued against them or,
Subject of internal investigation, or
Engages in a strike or prohibited job function, or
Fail to attend or complete compulsory training or
Subject to court order, directing member to refrain from abusing family or household member, or threatening the health and safety well for a family or household members, or
84
Duty status hearing (MAY convene)
A division commander with approval of the colonel MAY convene a duty status hearing relative to the members duty status if
The members subject to criminal investigation, arrested indicted, or a criminal complaint, or warrant, issued against
The member is subject to internal investigation
The member engages in strike or prohibited job action
The member has failed to attendance successfully complete compulsory training as mandated by the colonel
The subject court order to refrain from abusing family members
Exceptional circumstances exist
Board consisting of three staff/commissioned officers appointed by the colonel.
board gather sufficient facts to reach fair determination relative to members appropriate duty status
85
Duty status board findings
After a review of the facts presented, makes findings and recommendations to the colonel whether the member should be:
Continued on full duty
Placed on restricted duty
Suspended with pay or
Suspended without pay
86
Duty status board, supplements
In addition to the duty status findings, the board may supplement its recommendations with a referral to the state police surgeon to evaluate a members fitness for duty, and or a referral to the employee assistance. Unit provided referral related to the incident which gave rise to the hearing.
87
All duty status board recommendations are subject to the approval of
The colonel. The Colonel shall impose a duty status, consistent with the duty status boards recommendations, however, he is authorized to impose a different duty status, if facts circumstances, evidence, and aggravating or mitigating factors, or any other matter so dictate
88
Consequences of a member failure to strictly adhere to orders from a duty status board
Duty status board shall reconvene and reconsider the members duty status failure to adhere to such orders, may also result in independent administrative action
89
Restricted duty
Shall consist of any type of limited duty subject to the approval of the colonel and continue in full force until such time, as otherwise, recommended by the duty status board and approved by the colonel
90
Temporary modified duty versus restricted duty
Temporary modified duty is a recommendation from the surgeon in writing to the colonel. Temporary modify duty is an option when returning from administrative leave.
Restricted duty is any type of limited duty approved by the colonel that continues in full force and effect until such time, as otherwise recommended by the duty status board and approved by the colonel. Restricted duty is related to a duty status board hearing.
91
Letter of counseling
After investigation, a division commander may order that a letter of counseling placed in a members file
A formal document specifying deficiencies
Member shall be allowed a written response or counter statement to any letter of counseling
A letter of counseling cannot be the subject of appeal
92
Letter of counseling, expiration
Shall expire one year from the date of issue
Unless Whenever a second letter is filed prior to the expiration date of any letter already on file, the member may request that the letter already on file be removed on the expiration date of the most recent letter
93
A letter of counseling does not limit
The use of any other disciplinary procedure enumerative in these rules and regulations
94
Charges and disposition without hearing
Troop section unit commanders after invest recommend through channels to the division of standards and training that disciplinary action, be brought against a member under their charge for violations of policy, procedure rules, regulations orders, and directives.
95
What division reviews all request for disciplinary action?
The division of standards and training shall review all request for disciplinary action in recommended to the deputy superintendent that charges be preferred if warranted
96
Which command staff member receives recommendations that charges be preferred if warranted?
The deputy superintendent shall review all requests for disciplinary action recommended by the division of standards in training
97
Recommendation from deputy superintendent on the matter of exoneration
The colonel may in writing exonerate a member. copies should be given to the member and the appropriate division commander
98
When the colonel has approved the charges and recommends corrective or disciplinary action
The Troop/Section/Unit commander serves a copy of the charge form and waiver (if appropriate) on the member.
99
After charge (s) are approved what does the charge form include?
The particular article or articles alleged to have been violated, and the corresponding class schedule as determined with the appendix A
The dates and places acts occurred
A statement of alleged act or omissions
100
Charge form delivery
A copy of the charge form shall be given to the member in the original forwarded through channels to the division of standards and training
101
What happens in the event a member does not elect to waive the right to a trial board?
Colonel shall issue in order in writing for disciplinary action in accordance with rule 6.7 copy shall be given to the member and appropriate division commander
102
Hearing on charges (a Trial Board)
Served for one year plus
Has been formally charged
Shall be tried by a state police trial board appointed by the colonel
Alternatively, a member may request be tried by a board consisting of the colonel. This shall be made in writing and subject to approval by the Colon.
103
Department prosecutor
Appointed by the deputy superintendent, a commission officer, shall present evidence & call witnesses and cross examine witnesses on behalf of the department
104
State police trial boards
Shall hear cases regarding violations of rules, regulations policies procedures orders or directives
a trial board hearing shall be a formal administrative proceeding
105
Trial board members
Consist of three staff, and or commissioned officers appointed by the colonel superintendent
106
Trail board president
Designated by the colonel, the president designates a member of the board as secretary
107
Trial board continuances
Prior to the hearing date, a continuance may be granted by the colonel. No continuance shall be granted within 72 hours of the trial board unless extenuating circumstances exist. Also, criminal charges are pending against the charged member. The hearing may be postponed until after the criminal disposition.
108
Trial boards and representation by counsel
Member is entitled to counsel, but not provided by the MSP.
All proceedings are recorded.
The charged member shall have a right to present evidence call on witnesses on his behalf, and to cross, examine witnesses against him
witnesses shall testify under oath or affirmation. The trial board is not bound to follow strict rules of evidence
109
Upon completion of the testimony in a trial board
The board shall accept evidence from the department of prior offenses and disciplinary history of member.
This is for the purpose of recommending discipline the member shall be allowed to address the Board and they will hear additional arguments.
110
Trial board finding of facts
By majority vote, and in writing, TB summarize the evidence and make findings of facts.
The trial board shall enter a determination of guilty or not guilty for each charge/specification
111
Who does the trial board forward final findings to?
Deputy superintendent
112
Deputy superintendent action after a trial board
Review, summaries, findings reports, and recommendations of the records.
If decision adverse to the member, the deputy, shall forward a copy of the proposed decision To the member provided, however, a request was made to file objections with the colonel within seven days prior to the hearing date in such a request, the provisions of the section shall be deemed waved
After the deputies review, he shall in writing to the colonel any recommendations, as may be determined by the facts of the case, and forward the trial board, decision, written objections, and recommendations to the colonel
113
How many days does a member have to file written objections to the colonel after a trial board?
The accused member shall have seven days from the receipt of the proposed decision to file written objections to the colonel
114
Judgments and discipline
Recommendations for discharge suspension loss of accrued time, and reprimand in personnel orders shall be made in accordance with appendix A .
115
Judgments and discipline with a petition to depart from Appendix A guidelines:
The trial board may supplement its recommendations for the petition to the colonel, requesting that he depart from said guidelines in the event, the board elect to file a supplemental petition.
Such petition shall stay in writing facts, circumstances, evidence, aggravating, or mitigating factors, or any other matters that may warrant such consideration.
116
Trial board outcome additional recommendations
TB may recommend other additional discipline as it deems appropriate including , but not limited to alternative duty, transfer, limiting details and overtime, and the reduction and rank
117
Multiple offenses
The trial board recommends discipline for each offense for which the member is found guilty. If multiple offenses, the board recommend whether discipline should be imposed, consecutively, or concurrently.
These recommendations shall be forwarded to the deputy superintendent
118
Who approves the judgments of guilt and discipline recommendations made by the trial board?
The colonel and so approved, shall be final and conclusive, except otherwise provided by law
119
How should disciplinary action by the colonel be shown?
Shall be in writing duly entered upon the record and embodied in personnel orders, and then a copy there of placed in the members personnel file
120
Trial board, finding of not guilty
Such findings shall be final and conclusive and binding on all parties in the event, the trial board finds a member guilty in the colonel finds material error in the procedure, judgment or disciplinary recommendation. The colonel may order a new trial board or direct charges against the accused, be dismissed or imposed, discipline and accordance.
121
Can the Colonel imposed discipline that departs from the guidelines?
Yes, if facts circumstances, evidence in aggravating or mitigating factors, or any other matter so dictate
in the event the colonel departs from the guidelines, he shall put forth in writing his or her justification for such a departure.
122
Alternative duties recommended by the trial board
Alternative duties approved by the colonel shall be performed under the direction of the members Troop/section/Unit commander when the disciplinary action has been completed the Troop/section/Unit commander shall certify in writing to the deputy superintendent.
123
Who shall be notified when alternative disciplinary duties have been completed?
The deputy superintendent is notified by the members Troop section unit commander in writing of completion
124
Enlistment
Dictated by the terms of Mass general law, chapter 22C Section 10
125
What is an honorable discharge?
Upon retirement in good standing
Upon separation for illness or injury, incurred through no fault of the member in the actual performance of duty and where the members record of service merits such discharge
126
What is an ordinary discharge?
Resigning at their own request
An ordinary discharge may be given under honorable conditions
127
What is a general discharge?
Not complying with conditions, applicable to an honorable or ordinary discharge
A general discharge shall mean the complete and final severance from any duty with the Massachusetts State Police
128
What is a dishonorable discharge?
Discharge following a trial board or is discharge after, waving their right to a trial board
Separated from service, while a trial board is pending or before completion of the full and complete discipline imposed following a trial board
Separate from service after being charged with, or convicted of a criminal offense
Separated from service, while the subject of an administrative or criminal investigation
129
After a member has been dismissed after a hearing before a trial board or a resigns while charges for pending, Shall he be reinstated?
They shall not be reinstated by the colonel any member granted a general or dishonorable discharge, shall not be reinstated by the colonel
130
Resignation is still an option
Voluntary resignation, shall submit to the appropriate division commander in writing, at least, one month in advance of the anticipated date of separation the division commanders shall notify the personnel section fourth with
131
Who shall a division commander notify when a member wishes to voluntarily resign?
The personnel section fourthwidth.
132
Who is assigned to investigate all resignation requests?
The members troop/section /unit commanding officer.
He should also state whether or not the member should be recommended for future reinstatement, and when a member resigns after charges have been preferred, or while charges are pending and state what those charges are
133
The board on claims
Hears cases of claims relating to injuries incurred by any member or trainee, actually performing Police services, or while member or trainee is traveling to, and from a duty assignment
134
Who appoints the board on claims?
Deputy superintendent with approval of the colonel
Appoints three members:
Two staff or commission officers of the department and the state police surgeon
135
The board on claims president is designated by whom?
Deputy superintendent
136
The president of the board on claims appoints
A secretary
137
What does the board on claims review?
All information relating to any claim of physical injury, alleged by a member to have occurred in the line of duty. They may obtain investigative reports documents and bills of debt that relate to the claim they may require an employee to undergo additional evaluations as appropriate.
138
What happens at the conclusion of a board on claims hearing?
The board in writing shall summarize the claim, and make findings
139
What happens if a member has been reimbursed for an injury that the department has paid for?
The department shall be reimbursed fourthwith by any member or training for the sums as have been paid to the injured member or trainee, or on the members trainees behalf, as related to cost and wages
140
Examination, appeals board
Consist of three staff and/or commissioned officers appointed by the colonel shall review all promotional examination appeals, and make written recommendations to the colonel
141
All exam appeals shall be made in:
Writing
142
Who has the sole power to issue the relief of a member for administrative leave?
Division commander…the power to issue such relief shall be vested solely in the division commander with the approval of the colonel R&R 6.1.3
143
Who through channels may recommend administrative leave with pay not to exceed five days?
A Troop/Section/Unit commanding officer, through channels may recommend to the division commander
144
Who may convene a duty status hearing with approval from the colonel?
A division commander
145
Fundamental principle number 1
Endeavor to elevate the standing of the law enforcement profession in the public mind and strength public confidence in the MSP.
146
Fundamental principle number 2
Appreciate the responsibilities of their office
147
Fundamental principle number 3
Development maintain the public support and cooperation
148
Fundamental principle number 4
Benefit 4 all!
Promote the concept of teamwork for the benefit of all
149
Fundamental principle number 5
5 for strive
Strive for full coordination of effort in all official relationships
150
Fundamental principle number 6
Provide high-quality problem-solving and community oriented police services
151
Who does the Troop Commander notify when Alternative Duties are completed?
The Deputy Superintendent (the alternative Colonel)
152
If you are going to resign, the division commander shall notify who?
Personnel section.
