Jan 21, 2025
BOSTON, Mass. (SHNS)--The state's policing oversight commission must pay $30,000 under a settlement agreement reached with law enforcement groups, comply with the Massachusetts open meeting law, and not include certain queries in certification questionnaires. Hours after plaintiffs celebrated the deal, the commission's executive director disputed any open meeting law violations and hinted at the possibility of updated questions in the future. Chicopee woman arrested for allegedly hitting police officer with car Massachusetts Peace Officer Standards and Training (POST) Commission members must participate in "refresher training" on the open meeting law under the settlement agreement, which stems from complaints filed in 2022 by the Massachusetts Coalition of Police (MassCOP), International Brotherhood of Police Officers and the New England Police Benevolent Association, and other individuals. The commission was created through the 2020 policing reform law, is responsible for certifying, training and disciplining police officers. MassCOP on Tuesday called the settlement a "major victory for accountability in government and the constitutional rights of law enforcement officers." "The POST Commission's illegal meeting practices and unconstitutional inquiries into social media activity and officers' memberships and affiliations were damaging to the credibility and purpose of police reform in Massachusetts," MassCOP President Scott Hovsepian said in a statement. "Transparency and accountability are crucial for a policy making body, and law enforcement officers are entitled to the same First Amendment protections as all other Americans." The settlement, which plaintiffs and the commission reached on Jan. 16, states the agreement "shall not be considered an admission of any wrongdoing on the part of the POST Commission." "Although the lawsuit alleged that the POST Commission violated Open Meeting Law, we vehemently deny any violations," POST Commission Executive Director Enrique Zuniga said in a statement to the News Service Tuesday afternoon. "POST has been and remains committed to continue complying with Open Meeting Law. As part of the settlement, the Commission agreed to take a refresher training in Open Meeting Law." MassCOP and other police union representatives previously accused commission subcommittees of repeatedly violating the state's open meeting law. Plaintiffs in April 2022 said "illegal subcommittee meetings produced a broad range of policy materials and other work product that was rubber stamped into formal policy by the POST Commission – with zero input from members of the law enforcement profession, and no scrutiny from the public." Zuniga at the time had said the commission "strongly believes that it has complied at all times with the Open Meeting law." Subcommittees must follow open meeting law requirements, including those tied to notice, public access and participation, and record-keeping, the settlement states. Within 60 days of the agreement taking effect, the commission must request open meeting law training from the Division of Open Government. The settlement means that consolidated lawsuits from police groups against the commission will be dismissed, and the parties "have agreed not to further litigate or seek judicial resolution of the factual and legal claims raised in the Verified Complaints." The deal outlines pathways police groups can pursue if they believe the commission is not complying with their settlement, including requesting a Division of Open Government investigation into a potential open meeting law violation. The POST Commission is required to pay $30,000 to cover the plaintiffs' legal fees. The settlement states the timing of the payment is "wholly dependent on appropriation by the Legislature and payment from the Settlement and Judgements Fund, which payment POST shall diligently pursue." The Suffolk Superior Court in June 2022 blocked the commission from using two questions within their recertification questionnaire that asked about social media posts from the last five years that could be viewed as biased, as well as involvement in organizations that "unlawfully discriminated" -- including by limiting membership -- based on race, ethnicity, gender identity and sexual orientation, among other demographics. Police groups in a lawsuit had claimed the social media question was too broad and vague, while the membership question could be unconstitutional. Under the settlement, the POST Commission agreed not to use those questions in future questionnaires for certifying or recertifying police officers. Should the POST Commission choose to use redrafted questions, plaintiffs can file a new lawsuit if they believe the updated versions violate the law. "POST also agreed to refrain from asking two questions in the form that a court previously preliminarily enjoined," Zuniga said Tuesday. "POST does not concede the line of questioning is unconstitutional or that POST lacks the authority to ask the questions in a different form in the future." -END-
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