Sept. 30—VASSALBORO — The Maine Criminal Justice Academy has voted to adopt new rules that will allow it to discipline Maine law enforcement officers for unprofessional conduct, despite some concerns raised by several police unions.
The academy’s board of trustees voted Monday afternoon to approve the rules as proposed, without accepting most of the changes submitted by Maine police unions and other groups.
The adopted standards of conduct will be sent to the Secretary of State for review this week, and then to the Maine Attorney General’s office. Once the rules are approved, they will be posted and will take effect immediately. Board Chairman Charles Rumsey said he expects this process to be completed by the end of this year or early 2025.
The academy certifies all law enforcement officers in Maine. Eleven of the 18-member board of trustees were present Monday, including law enforcement officers, prosecutors, city officials and citizen representatives.
The new code of conduct will allow officers to be punished for conduct that may not rise to the level of criminal prosecution. This is broader than the current rule that only allows disciplinary action for criminal misconduct, with some exceptions.
Police chiefs are required by law to report officers’ criminal behavior to the board, even if no charges are filed against them. The board has the authority to review that behavior and take action, which could include issuing a letter of reprimand, suspension or revocation of their certification as an officer in Maine.
The new standards would allow the academy’s board to decertify or discipline officials for actions such as harassment, falsifying communications, possession of a controlled substance and, more broadly, engaging in conduct that “destroys the public trust in law enforcement would significantly decrease.”
But some police unions, where the academy board asked for feedback, said the rules are too vague and need clarification. The board has made two minor changes to the rules based on these comments, but of the eighteen suggestions members discussed, sixteen will be acknowledged, responded to, and rejected.
In response to a letter from the Maine Law Enforcement Coalition, the board agreed to clarify the rule about sharing confidential information. Now, the revised rule says officers can be disciplined for making unauthorized disclosures of information deemed confidential by law, agency policy or criminal justice college policy.
Some commenters also raised concerns about the controlled substance rule because while it states that possession of controlled substances is prohibited under federal law, it did not answer questions about medical marijuana. But the board said medical marijuana use would not violate federal law and would not consider discipline in that case.
While many commentators questioned the breadth of the new ruleset, the board says this is intentional.
“We have had cases come to us that we would very much like to address, but were unable to do so because this administrative rulemaking process has not yet taken place,” said Rumsey, chairman of the board of directors. “This is going to help us capture those cases.”
Brian Pellerin, former board chairman and chief deputy of the Cumberland County Sheriff’s Office, said he understands why people would be concerned about the uncertainty brought on by a new set of rules and perhaps fear over-administration.
“This can be a level of fear, and I think once things fall into place, that fear will go away,” he said. “I think we have worked very well with lawyers and unions.”
Rumsey, who is also chief of the Cumberland Police Department, said it’s easy under these rules to assume the worst-case scenario, where a police officer is immediately revoked for any misconduct. But, he said, decertification is the least likely form of discipline. The board decertifies five to six officers a year, Pellerin said last month.
While there may be an increase in reports when the new rules take effect, Rumsey said the board will still be deliberative.
“We’re being very cautious,” Rumsey said in an interview after the meeting. “We really give our corrections and law enforcement every opportunity to come and talk to us when a misconduct complaint has been filed, to help us understand the facts and circumstances surrounding their case.”
Copy the story link
