501 Mass. Reg. 15.02

Current through Register 1523, June 7, 2024
Section 15.02 - Definitions

For the purpose of 501 CMR 15.00, the words shall have the following meanings:

Chief Law Enforcement Officer: The chief of a municipal police department, the Chief of the Massachusetts Bay Transportation Authority Transit Police Department, or the designee of any of the above.

Full-time Law Enforcement Officer: A Law Enforcement Officer, as defined in 501 CMR 15.02, who is employed by a Law Enforcement Agency at least 20 hours per week, on average, and who has completed an approved full-time police academy or received an appropriate waiver pursuant to M.G.L. c. 41, § 96B.

Law Enforcement Agency: A municipal police department, or the Massachusetts Bay Transportation Authority Transit Police Department.

Law Enforcement Officer: An individual who meets the definition of a law enforcement officer under 18 U.S.C. § 926B, specifically a person who:

(a) is an employee of a governmental agency;

(b) is authorized by law engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and has statutory powers of arrest;

(c) is authorized by the agency to carry a firearm;

(d) is not the subject of any disciplinary action by the agency which could result in suspension or loss of police powers;

(e) meets standards, if any, established by the agency which require the employee to regularly qualify in the use of a firearm;

(e) is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and

(f) is not prohibited by Federal law from receiving a firearm.

The definition of Law Enforcement Officer shall include a full-time police commissioner of a police department that has only one police commissioner.

The definition of Law Enforcement Officer shall not include auxiliary officers, civilian dispatchers, personnel who are not police officers even though they may have been granted police authority, such as school crossing guards, animal control officers and community service officers, persons who have been granted police powers for the purpose of performing private details, employees of non-police organizations or government agencies who have special police powers, honorary police officers or elected or appointed officials who, by virtue of a city or town charter, special legislation or other mechanism are deemed to be "police commissioners" or otherwise have supervisory responsibility for a police agency.

Part-time Law Enforcement Officer: A law enforcement officer who does not meet the definition of a Full-time Law Enforcement Officer.

Secretary: The Secretary of Public Safety and Security or his or her designee.

501 CMR 15.02

Adopted by Mass Register Issue 1270, eff. 9/26/2014.