Areas of Examination in Audits
Effective Dec 6, 2024Mass. Register #1536MGL c. 6E, § 3(a) MGL c. 6E, § 8(d)Massachusetts POST Commission
(1) In conducting an audit, the Commission may examine any areas related to the Commission's statutory charge, including:
(a) Law enforcement agency or officer functioning, generally or with respect to a particular matter, in the following areas:
- 1. Recordkeeping or reporting of information, within the agency, to the Commission, and to other entities;
2. Compliance with directives, sources of authority, policies, and standards related to law enforcement and agency management, including:
- a. M.G.L. c. 6E;
- b. 555 CMR;
- c. Commission policies and standards;
- d. Commission certification conditions, restrictions, and limitations;
- e. Commission-issued compulsory legal process;
- f. Other Commission directives;
- g. M.G.L. c. 6, §§ 167 through 178B;
- h. Other statutes and regulations;
- i. Court judgments, consent decrees, orders, or rules;
- j. Decisions by other bodies or persons or authority;
- k. Other compulsory legal process; and
- l. Agency policies;
3. The adequacy of investigations and determinations, including:
- a. The adequacy of background investigations concerning active and prospective agency members;
- b. The adequacy of other investigations and analysis;
- c. The accuracy and completeness of reports and factual recitations;
- d. The adequacy of notifications to affected individuals;
- e. The appropriateness of interview procedures;
- f. The prevalence and adequacy of recordings and transcriptions;
- g. The reliability of factfinding;
- h. The appropriateness of the time devoted to processes;
- i. The fairness of processes, and how they compare to those in comparable cases;
- j. The sufficiency of documentation generated;
- k. The honoring of individual rights; and
- l. The equity and justness of results, and how they compare to those in comparable cases;
4. Internal and external communication, including:
- a. The communication of Commission and agency policies, and required notifications, to agency personnel;
- b. The treatment of information that one agency member has reported to another;
- c. Other communication and interaction with agency personnel;
- d. Communication and interaction with the Commission and other agencies; and
- e. Communication and interaction with complainants, victims, witnesses, and other members of the public; and
- 5. Other aspects of performance, including the sufficiency, fairness, equity, justness, soundness, timeliness, efficiency, and effectiveness of policies and operations; and
- (b) Substantive information that may warrant analysis or aid the Commission in developing or recommending policies or informing the public.
(2) A Commission audit may focus on subjects that are referenced in M.G.L. c. 6E, § 8(d) or are otherwise related to the Commission's statutory charge, including:
- (a) Officer certification;
- (b) SRO certification and activity, SRO MOUs, and SRO operating procedures;
(c) Law enforcement agency certification, including standards concerning:
- 1. Use of force and reporting of use of force;
- 2. Officer codes of conduct;
- 3. Officer response procedures;
- 4. Criminal investigation procedures;
- 5. Juvenile operations;
- 6. Internal affairs and officer complaint investigation procedures;
- 7. Detainee transportation; and
- 8. Collection and preservation of evidence;
(d) Complaints, investigations, disciplinary matters, and misconduct involving officers, including conduct involving improper:
- 1. Racial profiling or other forms of bias;
- 2. Violence or dangerousness;
- 3. Dishonesty;
- 4. Nonintervention;
- 5. Harassment, intimidation, or retaliation;
- 6. Unlawfulness or obstruction of justice; or
- 7. Unprofessionalism;
- (e) In-service training and retraining;
- (f) Uses of force, crowd control, injuries, and deaths;
(g) The law concerning:
- 1. The handling of evidence that may be exculpatory or otherwise relevant with respect to a criminal matter;
- 2. Civil rights;
- 3. Other aspects of criminal procedure;
- 4. Labor and employment; and
- 5. Public records, criminal record information, record retention, information disclosure, and fair information practices;
- (h) Other law enforcement activity;
- (i) Patterns on the part of single individuals, multiple individuals within a law enforcement agency, or multiple individuals in different agencies; and
- (j) Any other area relevant to the development of public policy or another matter of public interest.