Maine police unions say the proposed change to disciplinary rules is not clear

The Maine Criminal Justice Academy in Vassalboro, photographed in November 2020. Rich Abrahamson/Morning Sentinel file

The state police academy will meet Monday to decide whether to adopt proposed rules that would allow law enforcement officers in Maine to be disciplined for unprofessional conduct that is not criminal.

The Maine Criminal Justice Academy asked various police unions and groups to review and comment on draft standards of conduct released last month. Some of these unions questioned the rules, saying they were “shrouded in ambiguity” and lacked clarity.

The academy’s board of trustees will respond to the comments at a special meeting Monday afternoon in Vassalboro.

The academy certifies all officers in Maine. The 18-member board of trustees includes police officers, prosecutors, city administrators and citizen representatives.

Currently, with few exceptions, the board can only discipline officers for criminal misconduct. Police chiefs are required by law to report officers’ criminal behavior to the board, even if there are no criminal charges against them. The Board has the authority to review this conduct and take action, which may include issuing a letter of reprimand, suspension or revocation of the certificate.

But not all police misconduct can be defined by criminal law, and some minor crimes are not considered serious enough for the board to intervene, board Chairman Brian Pellerin said in an interview last month.

The proposed standards would allow the academy’s board of trustees to defund or defund officers for actions such as harassment, forged communications, possession of a controlled substance and, more generally, conduct that would “significantly weaken the public’s trust” in law enforcement discipline.

Some police unions argue that the proposed rules need significant changes before they are adopted.

The Maine Association of Police and the Maine State Law Enforcement Association filed a joint three-page criticism of the rules, claiming they were too broad and could negatively impact future recruiting. The associations represent approximately 800 municipal police officers and approximately 400 state law enforcement officers outside of the Maine State Police.

“These sweeping changes will not only have an irreversible impact on the administration of due process for regulating individual certifications, but will also have an immediate chilling effect on the hiring and particularly retention of certified law enforcement officers,” wrote Paul Gaspar and Kevin Anderson, the associations’ executive directors .

They said the new rules were unfair and subjective compared to current standards of criminal conduct. They suggested that the academy define more clearly what would be considered unprofessional and what would be considered harassment.

The executives also noted that the controlled substances rule is “excessive,” particularly with regard to marijuana possession, because it does not address medical marijuana issues.

The Maine Law Enforcement Coalition, which includes members of these two associations and other police unions, also identified several areas of concern.

The coalition called some of the academy’s new language “too strict” 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 be immediately revoked? Is there an appeal process? Who determines that a certificate holder or applicant has “exhibited conduct?” The coalition’s letter read.

And the group questioned the proposed rule for weakening public trust, writing that “sometimes just following protocol” can lead to that.

“This section is vague and too subjective,” the letter said. “It should be deleted.”

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