Controversial police reform bill seeks Baker’s approval

Date: 12/9/2020

GREATER SPRINGFIELD – State Rep. Carlos Gonzalez of Springfield, the chair of the Black and Latino Legislative Caucus, is proud of the work he and his colleagues did on a new police reform bill, which is now on the desk of Gov. Charlie Baker.

At his press conference on Dec. 1, Baker said, “I’m glad the Legislature moved forward on this. I’m glad that this was something that was part of what they considered to be important to get done before the end of the session. But I can’t speak to the specifics of this until we have a chance to review it.”

Baker had introduced his own version of a police reform bill in June and could approve, veto or add amendments to this bill. As of press time, Baker has not taken any action on the bill.

The bill, which was approved by both the House and the Senate, would call for a certification process for police officers that would be renewed every three years; an end to qualified immunity for those officers convicted of committing a felony or civil right violation; a ban on chokeholds; and not using facial recognition software, among other reforms.

Gonzalez said claims of abolishing qualified immunity are “totally misleading.” He added any suggestion the bill would “defund the police” is also incorrect.

He said, “In my first day of discussion with the unions and members of the Legislature, I said if I hear one word from a legislator about defunding the police, I would leave all negotiations on the table. ‘Defund’ was never part of the conversation.”

Gonzalez’s feelings are not necessarily shared by some members of the Commonwealth’s law enforcement community.

Springfield Police Capt. Brian Keenan, president of Springfield Police Supervisors Union, issued a statement to Reminder Publishing that read: “The police and correction  officers of Western Massachusetts wish to express our sincere gratitude to the Massachusetts Senators and State Representatives who stood up and voted against a rushed, flawed and secretive legislative process that would damage public safety and security in the Commonwealth and could strip protections needed to ensure every woman and man who wears a badge and uniform and risks their lives for their communities does so each day without fear of the sudden and arbitrary loss of their right to earn a living and support their families. We, the labor unions representing 4,200 police and corrections officers in Hampden, Franklin, Hampshire and Berkshire counties support the need for increased accountability and improvements to the criminal justice system.”

Keenan added, “But we cannot support a process that is exclusionary and secretive. Thank you to Senators Anne Gobi, John Velis and James Welch and thank you to Representatives Brian Ashe, Michael Finn, Nicholas Boldyga, Todd Smola, Jose Tosado, Angelo Puppolo, Thomas Petrolati, Smitty Pignatelli and Susannah Whipps. You did not turn your backs on us when it was politically convenient to do so. Police officers are not just photo ops when times are good; we are guardians and protectors of all when times are bad. Thank you for never forgetting that.”

Gonzalez told Reminder Publishing work on the bill started before the murder of George Floyd earlier this year. He stressed the bill was crafted with the input of law enforcement unions and the State Police.

Matt Murphy of the State House News Service wrote, “Attorney General Maura Healey is calling the police reform bill passed by the Legislature this week a ‘meaningful step forward for justice and accountability,’ but the state’s top law enforcement officer has concerns about the bill’s approach to no-knock warrants and facial recognition software.

“Healey told the conference committee that negotiated the compromise policing bill that she ‘strongly opposed’ a moratorium or a ban on the use of facial recognition software by the government, and preferred that the technology be studied by a special commission. She also said she had concerns with restrictions proposed on no-knock warrants, including a ban on their use if a child or someone over 65 is known to be in the home where the warrant is being executed. A Democrat-controlled conference committee included both bans in the bill that the House and Senate sent to Gov. Charlie Baker on Dec. 1, while including a commission whose purview is limited to studying the use of facial recognition software by the state transportation department.

“Three days after the bill was sent to conference in July, a top attorney in Healey’s office wrote an email to the six negotiators, which was brought up on Dec. 1 by Rep. Timothy Whelan, a Brewster Republican and former State Police trooper, as he argued against the bill. A copy was provided by the Attorney General's office on Dec. 2 at the request of the News Service.

“Alicia Rebello-Pradas, the head of Healey’s policy and government division, said the office supported the creation of a special commission to study the use of facial recognition systems. ‘It has become apparent, however, that there may be misconceptions as to how this tool is used by law enforcement and non-law enforcement entities. It is important to understand how the technology works, what it is used for, and just as important, what it isn't used for...,’ Rebello-Pradas wrote.

“Healey’s office also said that while it supports requirements that no-knock warrants be issued by a judge and only used when the safety of an officer or others is at risk, it can be difficult to ‘codify all circumstances’ that would fall under that category. Rebello-Pradas said that in cases of child sexual exploitation, kidnapping or hostage situations, the safety of a child or a person over 65 ‘may be the very reason why this particular warrant is being executed.’

Gonzalez told the State House New Service, “This is a landmark decision that begins to address the inequities that we have seen in our police institutions for a long time. Like everybody has said, one bill is not going to address every issue, but we are confident that this bill starts to begin the process of holding police accountable in a transparent way and having an independent body investigate police misconduct when and if it occurs.”

He added, “There’s a lot more work that needs to be done, but we are excited about beginning to answer the cries of the protesters and, for too long, many of the deaths that have gone unattended due to not having police accountability.”