Section 1.02 - Preliminary Inquiries(1) Upon receipt and initial review of every complaint, the division of standards shall make a determination as to whether the complaint: (a) does not involve evidence or an allegation of: 1. bias on the basis of race, ethnicity, sex, gender identity, sexual orientation, age, religion, mental of physical disability, immigration status or socioeconomic or professional level;2. excessive, prohibited or deadly force; or3. an action which resulted in serious bodily injury or death; and(b) the complaint is related to minor matters, a category that includes discourtesy and basic work rule violations such as tardiness, inattention to detail, equipment violations, grooming violations, or comparable infractions. If the division of standards determines that the complaint has characteristics of 555 CMR 1.02(1)(a) and (b), then it shall not be required to take any further action relative to the complaint.
(2) If the division of standards cannot, upon receipt and initial review, make the determination described in 555 CMR 1.02(1), the division of standards shall present the complaint and any related information, report or evidence in the possession, custody or control of the division of standards that may be relevant to the consideration of the complaint, to the chair and the executive director for review. If, at any time, the division of standards, the executive director, or the chair recommends that the division of standards conduct a preliminary inquiry pursuant to M.G.L. c. 6E, § 8(c)(1), the chair shall place the question of whether to conduct such an inquiry on the next available commission agenda, or call a meeting of the commission for the purposes of discussion of that question.(3) Notwithstanding 555 CMR 1.02(1) and (2), the commission shall direct the division of standards to conduct a preliminary inquiry if the head of an agency submits, at any time, an affirmative recommendation for disciplinary action by the commission, including retraining, or suspension or revocation of the officer's certification, or if the commission, at any time, concludes that there is sufficient credible evidence that the officer:(a) was involved in an officer-involved injury or death;(b) committed a felony or misdemeanor, whether or not the officer has been arrested, indicted, charged or convicted; or(c) engaged in conduct prohibited by M.G.L. c. 6E, § 14 or § 15.(4) At the recommendation of the division of standards, the commission may, at any time, direct the division of standards to conduct a preliminary inquiry if the commission determines that there is sufficient evidence that the officer engaged in prohibited conduct other than the conduct described in 555 CMR 1.02(3)(a) through (c).Adopted by Mass Register Issue 1472, eff. 6/24/2022.Amended by Mass Register Issue 1505, eff. 6/24/2022.