Section 13. (a) A uniformed member of the state police who has served for at least 1 year and against whom charges have been preferred shall be tried by a board to be appointed by the colonel or, at the request of the officer, a board consisting of the colonel. A person aggrieved by the finding of the trial board under this subsection may appeal the decision of the trial board under sections 41 to 45, inclusive, of chapter 31. A uniformed officer of the state police who has been dismissed from the state police force after a trial under this subsection, or who resigns while charges to be tried by a trial board are pending against the uniformed officer, shall not be reinstated by the colonel.
(b) Notwithstanding subsection (a), the colonel may administratively suspend without pay a uniformed member who has served for at least 1 year if: (i) the uniformed member had a criminal complaint or indictment issued against them; (ii) the department has referred the uniformed member to a prosecutorial agency for review for prosecution; or (iii) there are reasonable grounds to believe that the uniformed member has engaged in misconduct in the performance of the uniformed member's duties that violates the public trust.
Prior to such administrative suspension, the department shall provide the uniformed member notice of, and the underlying factual basis for, the administrative suspension. After such notice, the colonel or the colonel's designee shall hold a departmental hearing at which the uniformed member shall have an opportunity to respond to the allegations. Following the departmental hearing and upon a finding that there are reasonable grounds for such administrative suspension without pay, the colonel may administratively suspend without pay such uniformed member immediately. The administrative suspension without pay shall not be appealable under sections 41 to 45, inclusive, of chapter 31; provided, however, that the administrative suspension without pay may be appealed as provided in section 43.
A uniformed member who is administratively suspended without pay pursuant to this section may seek a review by the colonel or the colonel's designee of the administrative suspension without pay after 1 year from the date of the administrative suspension and every year thereafter, or sooner if the uniformed member can demonstrate a material change in circumstances. The decision of the colonel or the colonel's designee after such review may be appealed under said sections 41 to 45, inclusive, of said chapter 31.
(c) Notwithstanding subsection (a), the colonel may impose on a uniformed member who has served at least 1 year any permanent discipline that does not involve a suspension of pay, loss of accrued vacation time, loss of rank or seniority or termination without provision for a trial by a trial board under said subsection (a). Prior to imposing such discipline, the department shall provide the uniformed member notice of, and the underlying factual basis for, the discipline. After such notice, the colonel or the colonel's designee shall hold a departmental hearing at which the uniformed member shall have an opportunity to respond to the allegations. Following the departmental hearing and upon a finding that there are reasonable grounds for discipline, the colonel may impose such discipline immediately.
An order imposing discipline pursuant to this subsection shall not be appealable under sections 41 to 45, inclusive, of chapter 31; provided, however, that such order may be appealed as provided in section 43.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title II - Executive and Administrative Officers of the Commonwealth
Chapter 22c - The Department of State Police
Section 2 - Department; Supervision and Control
Section 3 - Colonel of State Police; Powers and Duties
Section 4 - Divisions; Heads of Divisions
Section 5 - Division of Field Services
Section 7 - Division of Special Police Services
Section 8 - Division of Support Services
Section 9 - Experts, Clerks and Assistants; Appointment and Removal
Section 10 - Appointments to Department of State Police; Governor's Authorization; Restrictions
Section 10a - State Police Cadet Program
Section 11 - Appointment for Initial Enlistment; Competitive Examination; Eligible List
Section 12 - Misdemeanors Committed in Presence of On-Duty Uniformed Member; Enforcement Powers
Section 13 - Charges Against Uniformed Member; Trial; Review: Suspension; Other Disciplinary Actions
Section 14 - Felony or Controlled Substance Convictions; Receipt of Gratuities for Official Services
Section 16 - Expenses for Injuries Sustained During Employment
Section 17 - Estimate of Expenses and Patrolling Time; Recommendation of Appropriations
Section 18 - Additional Work Time; Compensation
Section 19 - Uniforms and Identification Cards; Rules and Regulations; Violations
Section 20 - Training Programs for Newly Enlisted and Uniformed Department Members
Section 21 - Training Programs for City or Town Police Officers and Certain State Employees
Section 22 - Evaluation Reports; Annual Filing
Section 23 - Affirmative Action Office; Responsibilities; Annual Report
Section 24a - Persons Retired for Disability; Certification for Reinstatement
Section 25 - Notice for Promotional Examinations; Right to Appeal Questions or Results; Regulations
Section 26 - Promotion of Uniformed Members; Factors for Consideration; List of Eligible Members
Section 27 - Vacancies in Titles of Lieutenant Colonel and Major
Section 28 - Period of Service Requirements for Certain Appointments
Section 28a - Base Salaries; Review of Salary Schedule; Adjustments
Section 29 - Agreement With Massachusetts Department of Transportation for Police Services; Contents
Section 30 - Port Authority; Agreement for Police Services; Contents
Section 31 - Water Resources Authority; Agreement for Police Service; Contents
Section 32 - Definitions Applicable to Secs. 33 to 35
Section 33 - Collection of Hate Crime Data; Regulations
Section 34 - Hate Crime Data Reports; Public Record
Section 35 - Availability of Hate Crime Data to Law Enforcement and Other Agencies
Section 38 - Criminal Information Section; Duties and Functions
Section 39a - Analysis of Samples of Alcoholic Beverages
Section 40 - Narcotics Unit; Duties and Functions
Section 42 - Motor Vehicle Ownership Records; Certified Copies; Prima Facie Evidence
Section 43 - Persons Affected by Orders of Department; Appeals
Section 44 - Destruction or Disposal of Certain Entertainment Permit Applications or Reports
Section 46 - Perishable Property; Property Deteriorating in Value; Public Auction
Section 47 - Proceeds From Public Auctions
Section 48 - Claim by Owner After Public Auction; Payment to Owner
Section 49 - Police Reports; Indication of Domestic Abuse
Section 50 - Police Officers' Duties on Reservations
Section 51 - Special State Police Officer Appointments Upon Petition by Railroad Corporation
Section 52 - Records of Appointments Under Sec. 51
Section 53 - Swearing in of Special State Police Officers; Licenses; Duration of Appointment
Section 54 - Aid to Governor in Performance of Duties
Section 57 - Agents of Humane Societies and Associations; Appointment as Special Officers
Section 58 - Port of Boston Authority Employees; Appointment as Special Officers
Section 60 - Public Health Department Employees; Appointment as Special Officers
Section 62 - Employees of Soldiers' Homes; Appointment as Special Officers
Section 64 - Civil Defense Agency Employees; Appointment as Special Officers
Section 65 - Middlesex County Sanatorium Employees; Appointment as Special Officers
Section 66 - Employment and Training Division Employees; Appointment as Special Officers
Section 67 - State Lottery Commission Employees; Appointment as Special Officers
Section 68 - Special State Police Officers; Appointment; Powers and Duties
Section 70 - Gaming Enforcement Unit
Section 71 - Amber Alert Plan; Activation