Section 12.03 - Law Enforcement Agency Creation and Maintenance of Records(1) For each officer that a law enforcement agency employs, the agency shall create and maintain the following records, with the officer identified by name, and if practicable, shall place an original or a copy of each record within a "POST Commission file" for the officer: (a) A record reflecting each of the following forms of personnel information:2. With respect to any separation from employment: a. The date of the separation from employment;b. The nature of any separation, including whether the separation resulted from a retirement, another form of resignation, or a termination;c. The reason for the separation that was provided to the officer;d. Whether the officer was terminated for cause, and if so, the nature of the cause; ande. Whether, if known to the agency, the separation occurred while the officer's appointing authority or any other body or person of authority was conducting an investigation of the officer based on allegations that the officer violated any rule, policy, procedure, regulation, or other law, or engaged in other misconduct or improper action;3. The date and nature of any leave time taken;4. Any professional award, achievement, or commendation;5. An email address that the Commission may use to correspond with the officer; and6. Either of the following items, with respect to a collective bargaining unit:a. The name of a unit to which the officer belongs, and the name and an email address of the head of that unit, or if the unit has no head, the name and an email address of a representative of the unit;b. A statement signed by the officer indicating that the officer is not a member of any unit; orc. A statement signed by the officer indicating that the officer does not wish to have Commission communications concerning the officer transmitted to a representative of a collective bargaining unit, and waives the benefit of any provision that would otherwise require such a transmission;(b) A record reflecting each of the following matters, to the extent they were associated with an officer certification process:1. Information generated by any background check;2. Information resulting from any physical or psychological evaluation;3. A summary of any interview;4. Each response to any questionnaire question;5. Any agency determination of whether an individual possesses good moral character and fitness for employment in law enforcement;6. Any other determination of whether an individual satisfies a qualification for certification;7. Any letter of reference or endorsement;8. An officer's satisfaction or failure to satisfy the conditions attached to any conditional certification; and9. Any other information required by statute, regulation, or Commission policy related to certification;(c) The following with respect to any SRO certification or service:1. A record reflecting each of the matters listed in 555 CMR 12.03(1)(b);2. Each SRO MOU that is required by law;3. Each set of SRO operating procedures that is required by law;4. A record reflecting each form of training that the officer completed with respect to SRO service; and5. A record reflecting the officer's places and dates of assignment as an SRO;(d) A record reflecting each type of complaint against, investigation of, and discipline of the officer known to the agency, including any and each: 1. Complaint against the officer;2. Investigation of the officer by: a. An internal affairs unit, an internal review board, a civilian oversight board, or a comparable body;b. A consultant, an investigative service, or a comparable entity retained by the officer's appointing authority; orc. Any other body or person of authority;3. Discipline imposed on the officer, including any last chance agreement or separation agreement;4. Arrest of the officer;5. Criminal prosecution against the officer;6. Civil action against the officer that is related to the officer's service in law enforcement;7. Investigation or inquest arising from a fatality involving the officer;8. Civil Service Commission proceeding involving any allegation that the officer engaged in misconduct;9. Written reprimand of the officer;10. Suspension of the officer's employment or order that the officer take a leave from employment;11. Determination by a prosecutor's office's that the officer has engaged in, or has been accused of, misconduct that warrants not calling the officer as a witness in court or that must be disclosed to defendants; and12. Complaint, investigation, or disciplinary matter vacated or resolved in favor of the officer;(e) The following with respect to the officer's training: 1. A record reflecting each form of in-service training, retraining, and training on policies that the officer completed;2. Any materials provided or presented to the officer in connection with each such form of training, or a record reflecting where such materials can be located;3. A record reflecting each score on an examination or firearms qualification obtained by the officer; and4. A record reflecting the officer's failure to complete any required training, and any mitigating factor or other explanation offered by the officer for any such failure;(f) The following records concerning uses of force, crowd control, injuries, and deaths: 1. All records, including all policies, procedures, forms, reports, statements, plans, communications, and notifications, that are required to be created pursuant to 555 CMR 6.00: Use of Force by Law Enforcement Officers or any Commission policy;2. A record reflecting each "'serious bodily injury" and "'officer-involved injury or death" as those terms are defined in 555 CMR 6.03: Definitions, regardless of whether the injury or death was suffered by an officer or a member of the public; and3. A record reflecting the full content of each report submitted to: a. The National Use of Force Data Collection database maintained by the Federal Bureau of Investigation;b. The National Law Enforcement Accountability Database maintained by the United States Department of Justice; orc. The National Violent Death Reporting System maintained by the United States Centers for Disease Control; and(g) All other records, or categories of records, designated by the Commission.(2) For each individual that is appointed or elected to serve as a constable within a law enforcement agency's area of jurisdiction, the agency shall create and maintain the following records, with the constable identified by name, and if practicable, shall place an original or a copy of each record within an individual file for the constable:(a) A record reflecting an address, telephone number, and email address for the constable; and(b) A record reflecting the beginning and end dates of the constable's term or terms of appointment or election.(3) Each law enforcement agency shall additionally maintain the following records, and if practicable, shall place an original or a copy of each record within a "POST Commission file" for the officer: (a) Each set of fingerprints of an agency member that the agency has obtained;(b) Each record pertaining to a type of complaint against, investigation of, or discipline of an agency officer, including each type listed in 555 CMR 12.03(1)(d); and(c) Each final and official description of the duties, powers, or functions of an agency member.(4) Each law enforcement agency shall also maintain the following records:(b) Each official communication by the agency to its personnel regarding its policies and applicable regulatory requirements;(c) Each final and official annual report or periodic report for the agency or one of its units;(d) Each final and official description of the duties, powers, or functions of the agency or one of its units;(e) Each contract to which the agency is a party;(f) With respect to any audit, analysis, or evaluation of the agency's records, finances, budget, personnel, resources, performance, compliance with legal requirements, satisfaction of accreditation or other standards, by any internal or external auditor, analyst, evaluator, consultant, or accreditor:1. An inventory of all records made available to the auditor, analyst, evaluator, consultant, or accreditor; and2. Each final report resulting from the audit, analysis, or evaluation; and(g) Any other records, or categories of records, designated by the Commission.(5) Each law enforcement agency shall use the following terms, as defined below, in addressing disciplinary matters involving officers:(a)Sustained: The investigation produced a preponderance of evidence to prove the allegation of an act that was determined to be misconduct;(b)Not Sustained: The investigation failed to produce a preponderance of evidence to either prove or disprove the allegation;(c)Exonerated: The allegation in fact did occur but the actions of the agency employee were legal, justified, proper, and in conformance with the law and the agency policy and procedure; and(d)Unfounded: The allegation concerned an act by an agency employee that did not occur.(6) The Commission may require a law enforcement agency to:(a) Employ certain terminology regarding the disposition of complaints or other matters, incorporating Commission-prescribed definitions;(b) Employ certain recordkeeping practices; and/or(c) Produce certain records, or categories of records, to prosecutors.(7) Each law enforcement agency head shall ensure that the agency complies with M.G.L. c. 149, § 52C.(8) Each law enforcement agency head shall make diligent efforts to ensure accuracy in representations made within agency records.Adopted by Mass Register Issue 1534, eff. 11/8/2024.