Reports Following Preliminary Inquiries

(1) Any preliminary inquiry by the division of standards pursuant to 555 CMR 1.05 through 555 CMR 1.06 shall be completed within 60 days of the commission’s vote to authorize such a preliminary inquiry, or within any such additional time as authorized by the chair. Within ten days of the completion of the preliminary inquiry by the division of standards, the division of standards shall provide the commission with a detailed report on the conclusions and determinations resulting from its preliminary inquiry. The report on the preliminary inquiry shall include, at a minimum: (a) a copy of any written complaint that is the basis of the preliminary inquiry; (b) a clear statement of all the evidence or allegations considered by the division of standards; (c) the material relative to the complaint and evidence or allegations contained therein that were obtained by the division of standards from the agency, and whether any material was withheld, lost or otherwise inaccessible; (d) any investigative report issued by the agency; (e) a list of witnesses subpoenaed, interviewed, or contacted to testify by the division of standards, and if any witnesses were unavailable or did not appear for interview or to testify, the reasons therefor; (f) the facts found by the division of standards to support any recommendations or conclusions of the division of standards as a result of the preliminary inquiry; and (g) whether the division of standards recommends a suspension of the officer’s certification and the reasons therefor. (2) The division of standards' report on its preliminary inquiry, shall remain confidential to the extent permitted by law, including but not limited to the redaction of certain information pursuant to M.G.L. c. 4, § 7, twenty-sixth, the exemptions to the definitions of public records, except that the executive director may provide the report for use in a criminal proceeding or investigation to the attorney general, the United States Attorney, or a district attorney of competent jurisdiction.