Suspensions of Certifications following Arrests, Criminal Charges or Indictments for Felonies, or

following Preliminary Inquiries (1) The commission shall immediately suspend the certification of any officer who is arrested, charged or indicted for a felony. A sworn statement by the arresting officer, or a certified copy of the charge or indictment, shall be sufficient evidence for immediate commission action pursuant to 555 CMR 1.08. (2) In addition to issuing suspensions under 555 CMR 1.08(1), the commission, within 30 days of its receipt of a report of the division of standards following a preliminary inquiry: (a) shall immediately vote to suspend the officer’s certification if the commission concludes by a preponderance of the evidence that the report on the preliminary inquiry, and any supplemental information provided by the division of standards, reflect that the officer has engaged in conduct that could constitute a felony; (b) may suspend the certification of the officer if the commission concludes by a preponderance of evidence that the division of standards’ report on the preliminary inquiry, and any supplemental information provided by the division of standards, reflect that an officer has been arrested, charged or indicted for a misdemeanor that affects the fitness of the officer to serve; or (c) may suspend the certification of the officer if the commission concludes by a preponderance of the evidence that the division of standards report on the preliminary inquiry, and any supplemental information provided by the division of standards, reflect that suspension of the officer is in the best interests of the health, safety, or welfare of the public. (3) Any commission decision to suspend the certification of an officer pending or following a preliminary inquiry by the division of standards shall be transmitted immediately to the officer involved, the head of the agency, the head of the officer's collective bargaining unit, and a district attorney of competent jurisdiction and shall be effective upon head of the agency's receipt of that decision, or the officer's receipt of that decision, whichever occurs first. Nothing in 555 CMR 1.08(3) shall prevent the commission from transmitting to any other prosecuting attorney, upon reasonable request, the commission's decision to suspend the certification of an officer pending or following a preliminary inquiry by the division of standards. (4) Any suspension issued by the commission pursuant to 555 CMR 1.08 shall continue in effect until issuance of the final decision of the commission or until the suspension is revoked by the commission.