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| Photo by Andrew Valdivia on Unsplash |
Established by legislated police reform in the wake of George Floyd's murder in 2020, the Massachusetts Peace Officer Standards and Training (POST) Commission’s goal is “to improve policing and enhance public confidence in law enforcement by implementing a fair process for mandatory certification, discipline, and training for all peace officers in the Commonwealth.”
The POST Commission is responsible for creating and managing a statewide police officer certification process, including retraining in case of certification suspension or decertification. They also collaborate with the Municipal Police Training Committee to establish "use of force" regulations.
The most anticipated part of the new law was the creation of a database, accessible to the public, that would include complaints against police officers and any subsequent disciplinary action.
Rollout Hiccups
The Commission’s database was launched online in August 2023, a year later than planned, providing the public with its initial access to police disciplinary records dating back to 1984. It contained a little over 3,400 records out of an original 36,000–a discrepancy described by the Commission’s Executive Director as weeding out those involving “minor matters”. This practice did not appease some law enforcement groups who felt some database entries dealt with inconsequential issues that caused embarrassment for the officers involved.
However, some news outlets noted that important information was missing–such as reports concerning misconduct by several police chiefs.
In a recent (paywalled) Boston Globe article, Commission officials acknowledged information gaps and strengthened regulations regarding disciplining departments and officers who withhold complaints from the Commission. Officials also noted that the database contained information that should not have been included while excluding relevant data.
Shortcomings of the POST database
The Commission updated the database on August 19, 2024, adding approximately 600 new complaints. While generally lauded by the media and civil rights groups, concerns were raised over including “sustained” allegations only and the ambiguous language used to describe many offenses. Often, the database characterizes offenses as “other misconduct” without further commentary.
The Officer Disciplinary Records Database webpage lists the specific types of misconduct complaints that will be added to the database:
Reports alleging bias on the basis of race, ethnicity, sex, gender identity, sexual orientation, etc.
Complaints regarding use of excessive, prohibited, or deadly force
Actions that resulted in serious bodily injury or death including officer-involved shootings
Truthfulness or professional integrity (misrepresenting or falsifying reports or evidence)
Criminal misconduct (felonies, misdemeanors)
Other misconduct (unprofessionalism, policy violations, conduct unbecoming, conformance to rules, etc.)
It also notes that certain information, such as data regarding police officers who resigned or retired in good standing, or “unfounded or non-sustained complaints” is not included in the database.
While it makes sense to list only infractions supported by evidence, the vagueness of the language used in the database limits its usefulness to the general public.
A database search shows the phrase “Other Misconduct” dominates each page, showing up 4,986 times throughout the document’s 567 pages. “Allegation Details” are often scanty or non-existent, giving readers little or no understanding of the nature of the offenses. In some cases, the wording used in the description is difficult to understand; in others, the allegation details appear to be listed in the “Allegation Subtype” column.
Reporting Methods for POST Complaint Submission
There are two ways complaints are submitted to the Commission: through the state’s approximately 440 Law Enforcement Agencies (LEA), or the public complaint form. According to the articles referenced in this post, both methods can potentially cause confusion or errors in the database.
LEA Reporting
In each case, the reliability of the information submitted is crucial. For LEAs, cases are processed before being submitted to the database, meaning the agency or department has already decided on the case. This means that descriptions of offenses can vary between cases and departments. It also means that the Commission cannot know if all the relevant information is being submitted for each case – or if entire cases are being omitted.
Other reasons submissions from LEAs can create database omissions are that cases have yet to be completely processed, or departments and agencies are still learning what is appropriate to submit and what is not.
Complaints by the Public
Complaints by members of the public are submitted via the Police misconduct complaint form. While the LEA and public forms list the types of misconduct noted above, not all the descriptions on the public complaint form are fully explained (“other misconduct”) or are left out entirely (“misconduct”).
The form indicates that after a complaint is submitted, the Commission will notify the relevant agency or department and determine whether to conduct its own investigation or wait for the involved entity to do so. The Commission can then accept the entity’s decision or conduct its own investigation and take disciplinary action if necessary.
It's unclear how, or if, complaints submitted by the public are listed on the database, as the word "public" does not appear in any of the "Reporting Agency" columns. Since the Commission can simply accept the results of the complainee’s investigation, it's possible that these submissions do not proceed to the point where they would be included in the database.
Conclusions
Despite the deficiencies of the POST Commission database, it is a huge win for transparency and the right of residents and taxpayers to gauge whether public servants are performing their duties lawfully.
The database is new, and growing pains are to be expected. The Commission has shown a willingness to listen to concerns and address them, a process that should continue to improve its usefulness to all stakeholders.
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