Press Release: 1/21/2025
POST Commission acknowledges Open Meeting Law violations in settlement of lawsuit by MassCOP and other police unions.
January 21, 2025 POST will also end unconstitutional practice of questioning police officers about social media use and membership in organizations.
The Massachusetts Coalition of Police (MassCOP) today announced a settlement with the Commonwealth’s Peace Officer Standards and Training Commission (POST) over violations of the Open Meeting Law and unconstitutional questions during officer recertification.
The settlement is a major victory for accountability in government and the constitutional rights of law enforcement officers in Massachusetts and is the result of litigation brought by MassCOP President Scott Hovsepian and other police union representatives. That lawsuit, Hovsepian, ET AL. vs. Post Commission, and a separate action by other plaintiffs alleged the POST Commission was violating the Massachusetts Open Meeting Law by operating through subcommittees that avoided transparency requirements.
“The POST Commission’s illegal meeting practices and unconstitutional inquiries into social media activity and officers’ memberships and affiliations were damaging to the credibility and purpose of police reform in Massachusetts,” Hovsepian said. “Transparency and accountability are crucial for a policy making body, and law enforcement officers are entitled to the same First Amendment protections as all other Americans. We’re pleased that this settlement addresses those issues.”
Under terms of the settlement, the POST Commission will comply with Open Meeting Law requirements concerning subcommittees, and all POST Commission members and staff personnel will submit to refresher training on the Open Meeting Law. Additionally, the POST Commission will not include in future certification or recertification questionnaires any questions deemed unconstitutional by the Superior Court in its review of the case.
The POST Commission will also make a payment toward plaintiff legal fees incurred in the lawsuits. The lawsuits will be dismissed, with the plaintiffs reserving all rights as to any future constitutional or other violations.