Massachusetts General Laws
Chapter 22c - The Department of State Police
Section 13 - Charges Against Uniformed Member; Trial; Review: Suspension; Other Disciplinary Actions

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

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 1 - Definitions

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 6 - Division of Investigation and Intelligence; Investigation and Prosecution of State Firearm Crimes; Criminal Firearms and Trafficking Unit

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 15 - Oath of Office

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 24 - Separation From Employment Due to Lack of Work or Money or Abolition of Positions; Reinstatement

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 36 - Identification of Criminals; Furnishing of Information to Other Departments and States; Transmission of Information to the Federal Bureau of Investigation in Cases Where Fingerprint Identification Sent Though Interstate Identification In...

Section 36a - Identifying and Locating Information From Records; Individuals Wanted on Default or Arrest Warrants

Section 37 - Release or Discharge of Persons Confined for Certain Sexual Assaults and Other Crimes; Notification to Department and Local Authorities

Section 38 - Criminal Information Section; Duties and Functions

Section 39 - Chemical Analysis of Narcotic Drug or Drug Substitute, etc.; Certificate of Results; Prima Facie Evidence

Section 39a - Analysis of Samples of Alcoholic Beverages

Section 39b - Procedural Rules and Policies for Testing and Analysis of Drug Samples; Quality Assurance Program

Section 40 - Narcotics Unit; Duties and Functions

Section 41 - Chemist's Analysis for Presence of Sperm Cells; Certificate of Results; Prima Facie Evidence

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 45 - Property Lost, Stolen or Taken From Arrested Persons; Unclaimed Property; Public Auction

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 56 - Agents of Massachusetts Society for Prevention of Cruelty to Children; Appointment as Special Officers

Section 57 - Agents of Humane Societies and Associations; Appointment as Special Officers

Section 58 - Port of Boston Authority Employees; Appointment as Special Officers

Section 59 - Employees of Mental Health or Developmental Services Departments; 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 63 - Employees of Colleges, Universities, Other Educational Institutions and Hospitals; 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 69 - Standards of Skill for Special Officers Licensed Under Secs. 56 to 68; Rules and Regulations

Section 70 - Gaming Enforcement Unit

Section 71 - Amber Alert Plan; Activation

Section 72 - Special Audit Unit

Section 73 - Maintenance of Certification or Accreditation From State or Nationally Recognized Accrediting Agency