From: Hawkins, James - Rep. (HOU) Sent: Friday, July 17, 2020 10:15 AM To: Testimony HWM Judiciary (HOU) Subject: S2820 testimony I want to share my concerns about S2820. I am proud of the forward thinking police department in Attleboro which is my district. They have the “POP” team that has officers without guns help people suffering from addiction and other mental health concerns locate treatment and, if necessary, even drive them to treatment. They co-organized with Fuller Hospital a monthly drop in center with local non-profits including addiction and domestic violence. And when there was a BLM protest in Attleboro there was no uniformed presence. When they marched to the police station the chief came out and listened and in the end took pictures with protesters arms around him. Like most of us, they welcomed the Black And Latino Caucus goals. Training has always been a priority even if limited by budget constraints. Every one of them is just as sickened as all of us by the George Floyd death. Certification would only label them as one of the 99% of police who have never punched someone in the face. And added training would help them be more aware of racial bias and racial injustice. Most saw this as a way to make policing better, more effective, and more sensitive to the community. However, the changes to QI in the Senate bill sent a chilling message to them. Now they are scared. Suddenly senior police are filling out retirement papers. Younger officers are talking about divorce so their assets can be in the wife’s name. And many are thinking about previous careers and maybe there is a safer way to earn a living. I’ve been to the local police roll calls and all of them feel betrayed. They worked through COVID. Daily they deal with the craziest and most confrontational people in our community. And they would like to know that we have their back. As a current union member I am troubled by parts of this bill that limit disciplinary appeals and takes away bargaining rights. These are hard won rights that generations of teachers, carpenters, steelworkers, and firefighters count on. As a teacher I feel that unless you have been in a classroom last period on a hot Friday afternoon with 30 fifteen year olds trying to convince them that Pythagorean theorem is way cool you don’t know my job and I should have a voice. Much the same policing is a very different job and they deserve a voice. We should not ever be diminishing these rights for anyone. Even the groups that represent minority police do not support these changes. They do little to advance racial justice but take a lot away from a small group of workers. I think my biggest concern is the changes to Qualified Immunity. I’ve listened to lengthy explanations of the historical context and the legal cases and maybe there is reason to change it. But this is way, way too hasty. ACLU claims it only affects police but MMA lawyers claim it affects every public employee including teachers nurses and others. I know that when I was a teacher lawsuits were always a threat that we dealt with. Also the changes in this bill around QI clearly negate the role of civil service. The police chief in Attleboro has complained that civil service procedures have made it difficult to hire and we are presently short staffed. And it’s possible that by changing civil service we could change hiring and promotion procedures to help balance racial injustice. Maybe we should tackle this but not with a week’s notice. And ACLU may claim that indemnity clauses will protect police officers from financial harm but that is not true. I listened to a detective yesterday who was sued and exonerated but, while the case was pending for two and a half years all his assets were frozen. This was a young, married officer with children. He may not have had the threat of paying any possible judgement but he he certainly suffered financially during the process. And I can’t confirm but I’m hearing that not every community has this indemnity insurance. I really, really appreciate all the hard work you are doing on this legislation. It would be very wrong to ignore the George Floyd incident and the very real issues of the BLM movement. But I cannot support hastily decided changes to QI that would have such a detrimental effect on all public employees. There are so many unintended consequences to that and we really need a more deliberative and comprehensive review. Please advance this legislation without QI. Thank you, Jim Hawkins State Representive 2nd Bristol/Attleboro Cell (508) 2260-1436 Jim Hawkins State Representative 2nd Bristol District | Attleboro State House | Room 472 Boston, MA 02133 Tel: (617)722-2013 ext. 8932 | Cell: (508)226-1436 [email protected] From: Traci Obrien <[email protected]> Sent: Friday, July 17, 2020 10:16 AM To: Testimony HWM Judiciary (HOU) Subject: procedure Sent from my iPhone From: Mark Ryan <[email protected]> Sent: Friday, July 17, 2020 10:15 AM To: Testimony HWM Judiciary (HOU) Subject: Fwd: Qualified Immunity Dear Chair Michlewitz and Chair Cronin, My name is Mark Ryan and I live at 25 Nevada Road, Tyngsborough, MA . I own and operate Ryan Automotive Service located in Tyngsborough, MA. As a constituent, I write to express my opposition to Senate Bill 2820. This legislation is detrimental to police and correction officers who work every day to keep the people of the Commonwealth safe. In 2019 the Criminal Justice System went through reform. That reform took several years to develop. I am dismayed in the hastiness that this bill was passed but I welcome the opportunity to tell you how this bill turns its back on the very men and women who serve the public. ?????????????????? ????????????????: Qualified immunity doesn’t protect officers who break the law or violate someone’s civil rights. Qualified Immunity protects officers who did not clearly violate statutory policy or constitutional rights. The erasure of this would open up the flood gates for frivolous lawsuits causing officers to acquire additional insurance and tying up the justice system causing the Commonwealth millions of dollars to process such frivolous lawsuits. ???????? ???????? ???????????? ??????????: The fact that you want to take away an officer’s use of pepper spray, impact weapons and K9 would leave no other option than to go from, yelling “Stop” to hands on tactics and/or using your firearm. We are all for de-escalation but if you take away these tools the amount of injuries and deaths would without a doubt rise. ???????????????? ??????????????????: While we are held to a higher standard than others in the community, to have an oversight committee made of people who have never worn the uniform, including an ex convicted felon is completely unnecessary and irresponsible. When this oversight board hears testimony where are the officer’s rights under our collective bargaining agreement? Where are our rights to due process? What is the appeal process? These are things that have never been heard or explained to me. The need for responsible and qualified individuals on any committee should be first and foremost. I am asking you to stop and think about the rush to reform police and corrections in such haste. Our officers are some of the best and well- trained officers anywhere. Although, we are not opposed to getting better it should be done with dignity and respect for the men and women who serve the Commonwealth. I ask that you think about the police officer you need to keep your streets safe from violence, and don’t dismantle proven community policing practices. I would also ask you to think about the Correction Officer alone in a cell block, surrounded by up to one hundred inmates, not knowing when violence could erupt. I’m asking for your support and ensuring that whatever reform is passed that you do it responsibly. Thank you for your time. Sincerely, Mark Ryan From: Kim Alpuerto <[email protected]> Sent: Friday, July 17, 2020 10:15 AM To: Testimony HWM Judiciary (HOU) Subject: SB 2820 comment Good Morning Chairs Michlewitz and Cronin, Thank you for your efforts on SB 2820. I ask that you please add a requirement to make special police officers subject to public records requests. It is vital that they too be held accountable to the public, just like any other police officer. There must be transparency in any law enforcement matters. Thank you for your consideration, Kim Alpuerto 66 Jay Rd North Andover MA From: Sargent, Sarah E. <[email protected]> Sent: Friday, July 17, 2020 10:15 AM To: Testimony HWM Judiciary (HOU) Cc: Ferguson, Kimberly - Rep. (HOU) Subject: Police Reform Bill 2820 Good morning, I’d first like to introduce myself... my name is Sarah Sargent, I am 31 years old, living in Princeton, Massachusetts & I am a Special Crimes Detective for the Worcester Police Department. I am the proud daughter, granddaughter, niece, and cousin of Law Enforcement Officers. I have always had a passion for social work, but as I journeyed through obtaining my Bachelors Degree in Sociology & Criminology from Suffolk University, I realized that I would have the most effective and positive impact on my community while being on the front lines, as a Police Officer. Once on, I helped to start the Crisis Intervention Team, the Opioid Task Force, I worked directly in our poorest neighborhood with the highest crime rates, and I eventually became a Detective, solely investigating crimes against our most vulnerable..