Sep. 30—The state police academy will meet Monday to decide whether to adopt proposed rules that would allow Maine law enforcement officers to be disciplined for unprofessional behavior that does not rise to the level of criminal charges.
The Maine Criminal Justice Academy asked various police unions and groups to review and comment on the draft standards of conduct that were released last month. Some of those unions challenged the rules, saying they are “cloaked in vagueness” and lack clarity.
The academy’s board of trustees will respond to the comments at a special meeting on Monday afternoon in Vassalboro.
The academy certifies all officers in Maine. Its 18-member board of trustees includes law enforcement officers, prosecutors, town managers and citizen representatives.
Currently, the board can only discipline officers for criminal misconduct, with a few exceptions. Police chiefs are legally required to report officers’ criminal conduct to the board, even if they do not face criminal charges. The board has the authority to review that conduct and take action, which could mean issuing a letter of reprimand, suspension or revoking their certificate.
But not all police misconduct can be defined by criminal laws and some low-level crimes aren’t considered severe enough for the board to step in, board chair Brian Pellerin said in an interview last month.
The proposed standards would allow the academy’s board of trustees to decertify or discipline officers for actions like harassment, falsifying communications, possessing a controlled substance and, more broadly, engaging in conduct that would “significantly diminish the public’s confidence” in law enforcement.
Some police unions argue that the proposed rules need critical changes before they’re adopted.
The Maine Association of Police and the Maine State Law Enforcement Association submitted a joint three-page critique of the rules, alleging they are too broad and could be harmful to future recruiting. The associations represent about 800 municipal police officers and about 400 state law enforcement members outside of Maine State Police.
“These expansive changes will not only have an irrecoverable effect on the administration of due process for the regulation of individual certificates, but have also an instant chilling effect in the recruitment, and most notably the retention of certified law enforcement officers,” wrote Paul Gaspar and Kevin Anderson, the associations’ executive directors.
They said the new rules are unfair and subjective compared to the current standards on criminal conduct. They suggested that the academy more clearly define what would be deemed unprofessional and what would be considered harassment.
The executive directors also pointed to the rule on controlled substances as “over-encompassing,” specifically in terms of marijuana possession, because it doesn’t address questions about medical marijuana.
The Maine Law Enforcement Coalition, which includes members from those two associations and other police unions, also outlined several areas of concern.
The coalition described some of the academy’s new language as “too stringent” and suggested that the academy outline what would happen if the board decided to revoke an officer’s certification.
“Would a certificate holder accused of harassment immediately be subject to revocation? Is there an appeal process? Who determines that a certificate holder or applicant ‘engaged in conduct’?” the coalition’s letter read.
And the group challenged the proposed rule about diminishing public confidence, writing that “sometimes, simply following protocol” can result in that.
“This section is vaguely worded and too subjective,” the letter read. “It should be stricken.”
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