Police unions press for de novo judicial review in officer decertification appeals

Representatives of Massachusetts police unions and law-enforcement associations told the Joint Committee on the Judiciary that officers should have access to de novo judicial review when the Police Officer Standards and Training Commission (POST) suspends certifications for more than two weeks or decertifies an officer.

Jamie Kennelly of the Boston Police Patrolmen’s Association, John Nelson of the Massachusetts Coalition of Police and other witnesses argued the administrative-review process is insufficient and a superior-court judge should be able to review facts of the case. “In addition to the added and heightened oversight, there should be a robust appeal system,” Kennelly said; “the best way to ensure that we get it right… is through an independent review of the facts.”

Union witnesses framed their request as a technical correction to ensure a neutral fact-finder can assess the merits of decertification and long suspensions. Testimony emphasized that the addition of certification standards in recent police-reform legislation created a new administrative remedy and that de novo review would align POST decisions with long-standing civil-service and agency appeal norms.

Committee members asked about the practical consequences of de novo review, including whether suspensions would be stayed pending appeal; witnesses said the bill does not automatically pause suspensions and that remedies would depend on court processes. Members also asked for data on volumes of disciplinary actions; union representatives said they would follow up with numbers.

Ending: The committee accepted the testimony and requested additional data on caseload volumes and potential procedural impacts of de novo review before advancing legislation.