The Maine Criminal Justice Academy in Vassalboro. Rich Abrahamson/Morning Sentinel

VASSALBORO — The Maine Criminal Justice Academy voted to adopt new rules that will allow it to discipline Maine law enforcement officers for unprofessional behavior, despite some concerns raised by various police unions.

The academy’s board of trustees voted to approve the rules on Monday afternoon as proposed, without accepting most of the changes submitted by Maine police unions and other groups.

The adopted standards of conduct will be sent to the secretary of state this week to review, and then to the Office of the Maine Attorney General. When the rules are approved, they will be posted and immediately go into effect. Board Chair Charles Rumsey said he anticipates that process will wrap up by late this year or early 2025.

The academy certifies all law enforcement officers in Maine. Eleven of its 18-member board of trustees were present Monday, including law enforcement officers, prosecutors, town managers and citizen representatives.

The new code of conduct will allow officers to be disciplined for behavior that may not rise to the level of criminal charges, which is broader than the current rule that only allows discipline for criminal misconduct, with a few exceptions.

Police chiefs are legally required to report officers’ criminal conduct to the board, even if they do not face charges. The board has the authority to review that conduct and take action, which could mean issuing a letter of reprimand, suspension or revoking their certificate to be an officer in Maine.

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The new standards would allow the academy’s board of trustees to decertify or discipline officers for actions like harassment, falsifying communications, possessing a controlled substance and, more broadly, engaging in conduct that would “significantly diminish the public’s confidence” in law enforcement.

But some police unions, from which the academy’s board solicited feedback, said the rules are too vague and need clarification. The board made two small revisions to the rules based on those comments, but of the 18 suggestions the members discussed, 16 will be acknowledged, responded to and dismissed.

In response to a letter submitted by the Maine Law Enforcement Coalition, the board agreed to clarify the rule about sharing confidential information. Now, the revised rule reads that officers can be disciplined for disclosing, without authorization, information deemed confidential by law, agency policy or criminal justice academy policy.

Some commenters were also concerned about the rule on controlled substances, because although it reads that possession of controlled substances in violation of federal law is prohibited, it didn’t address questions about medical marijuana. But the board said medical marijuana use would not be in violation of federal law and it would not consider discipline in that case.

While many commenters challenged how expansive the new rule set is, the board says that is intentional.

“There have been cases that have come to us that we really would’ve liked to have done something with, and were not able to because this administrative rule-making process hasn’t been done,” Rumsey, the board chair, said. “This is going to help us capture those cases.”

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Brian Pellerin, former board chair and chief deputy for the Cumberland County Sheriff’s Office, said he understands why people would feel concerned about the uncertainty with a new set of rules and perhaps fear an overreaching board.

“This might be a level of fear, and I think once things roll into place, that fear will subside,” he said. “I think we’ve worked really well with attorneys and unions.”

Rumsey, who is also chief of the Cumberland Police Department, said it’s easy to assume the worst case scenario under these rules, where a police officer will be immediately be decertified for any type of misconduct. But, he said, decertification is the least-likely form of discipline. The board decertifies five to six officers a year, Pellerin said last month.

While there may be an increase in reports when the new rules go into effect, Rumsey said the board will still be deliberative.

“We’re very cautious,” Rumsey said in an interview after the meeting. “We really do give our corrections and law enforcement officers every opportunity to come and speak with us when there’s been a complaint of misconduct, to help us understand the facts and circumstances around their case.”

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