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Holyoke Charter and Rules opens discussion on police commission

Date: 7/25/2023

HOLYOKE — The Charter and Rules Committee opened initial discussions on establishing a police commission in the city during its July 17 meeting.

At-Large Councilor Jose Maldonado Velez, one of the order’s authors, said there were two main reasons he was looking for the addition in Holyoke.

“Every department has some sort of commissioners committee led by citizens to make sure that there’s you know, checks and balances going on in each department so that’s one reason for me why we should have it,” Maldonado Velez said.

His other point came from the recent audit done on the Holyoke Police Department that reported detailed strengths, weaknesses, risks and opportunities for the department through an extensive review and interviews of the department and department staff.

“There’s also the reality we had the [Municipal Resources Inc.] study that came back saying the police department needs a lot of assistance for lack of better words, and I think the committee can be helpful in getting the police better in the standards they should be getting to,” Maldonado Velez said.

Maldonado Velez said he hoped the discussion during the meeting would serve as a good opening point for learning more about what this commission would exactly look like, the responsibilities it will entail, and any other questions around establishing the commission.

At-Large Councilor Tessa Murphy-Romboletti added she was also glad to be opening up this conversation and was in favor of establishing a commission.

“I don’t think more accountability is a bad thing. This isn’t necessarily to undermine anyone’s position or oversight. I just think that it’s an important part of our community that we need to talk about it,” Murphy-Romboletti said.

She added this is something she has heard a lot from the community at large and is looking forward to deeper conversations on it.

Maldonado Velez added that a ballot question to form a police commission had come up twice in the past and both times was approved by voters. Police Chief David Pratt was virtually in attendance through zoom to answer any questions but was not needed by councilors or added any comments during the discussion.

“This is something that citizens have asked for before and so it’s not nothing that any particular counselor is asking for, the citizens of Holyoke have asked for this commission to happen,” Maldonado Velez said.

Ward 2 Councilor Will Puello asked what authority the commission would have. Maldonado Velez said this was the beginning of discussions to figure that out. Maldonado Velez said one of the next steps would be asking the solicitor’s office the language allowable in a charter for commissions. He also said looking at how other communities operate the same commission could provide insight on options for Holyoke.

“The question is what power do the other commissioners have in our city? Is it around firing? Is it HR? Is it just policy?” Maldonado Velez said. “I think one of the things that we got from the MRI report is we have police out on the field with no on-the-field training. So maybe a commission working together can make sure that that’s not happening, that we actually have a force that’s being trained, or finding training resources. I have an idea of how it can be but also, I would like to see the solicitor’s office to have a draft language so we can work off that and pinpoint what the actual responsibilities would be.”

Puello said the explanation was helpful and he felt it was a really good idea to define what this committee’s responsibilities would be. Speaking on the police audit, Puello said he has had constituents’ email and call him asking for a special meeting to talk about the audit amongst the public.

“I know the mayor has been told, ‘Hey let’s have a special meeting,’ I know the [City Council] president’s here tonight, ‘Hey let’s have a special meeting.’ I think sometimes if we do certain things and we start making commissions and we start doing other things that almost seem like we’re just trying to pass off the hot potato to somebody else,” Puello said. “People are asking for a special meeting, have a special meeting, you know what I mean? I guess I’d just like to see what this commission is gonna do and yeah 100% in support of an advisory.”

Murphy-Romboletti added that while there are plenty of things other commissions do already that can be translated to a future police commission, there is an aspect of police-community relationships that make the specific commission different.

“I also think one of the pieces that is often missing is — and I’ll speak from experience — sometimes citizens don’t feel comfortable going to the police department to file a complaint,” Murphy-Romboletti said. “I envision a police commission being a separate entity that might be able to support that. I think these are all things to take into consideration, but that’s just something that I feel might be lacking, respectfully.”

Murphy-Romboletti continued, “I don’t think it’s any ulterior motives, I don’t think it’s anything malicious, I just think the way that its designed now, we may be missing things as they are happening because folks just don’t feel or know what they should do or who they should go to when they have a concern.”

At-Large Councilor Joseph McGiverin said while voters have expressed interest in the past for a police commission, the city then is in the position to define what the police commission does and what it will oversee. He added that incorporating this commission in the city’s Charter could create a unique situation.

“If a police commission is going to have certain duties and an oversight, what power would they have? If they have nothing to do with the appoint authority for the police department itself, and then there’s the one area which is the most difficult thing to talk about or try to come up with an answer to and that is will it become a civilian review board for complaints against the police department?” McGiverin said. “And that’s something I’ve never seen defined or created that works in other cities or any communities. All it does is cause more problems, disruption, anarchy within the police department itself because now you don’t have any clear authority over to who’s in charge.”

At-Large Councilor Kevin Jourdain added that under new police regulations there is the Post Commission, which is a vehicle for people to make complaints about inappropriate conduct or alleged nefarious activities by officers in their community. He added this state board alone could be what some are thinking of for a police commission could address in Holyoke and said it was important for everyone while considering all this to research what rights citizens have already for addressing these concerns.

Maldonado Velez reiterated off of Murphy-Romboletti’s point that being able to have an independent board that citizens feel comfortable to point to would have more an effect on Holyokers than better awareness of the Post Commission.

“[The Post Commission is] one avenue but even then, that’s a statewide commission. Having something within our won city may have more of an effect on the people so I think that’s where I’m at with that now,” Maldonado Velez said.

Maldonado Velez asked the city solicitor’s office for future discussions to bring to the committee a list of what charter changes would be needed in establishing a police commission in Holyoke and how anything would impact existing ordinances.

Jourdain added that councilors should start getting familiar with the current civilian review board that currently exists to find more out about its responsibilities. He added the last time the city voted on a police commission roughly a decade ago, there was no civilian review board existing.

Maldonado Velez said the mayor and members of the civilian review board should be invited to a future discussion on the topic as the committee learns more about establishing a police commission.