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Date: 3/2/2022
SPRINGFIELD ¬ A long conflict between the City Council and Mayor Domenic Sarno has been settled by the Massachusetts Supreme Judicial Court (SJC) on Feb. 23.
The SJC ruled the City Council has the authority to retool how the Police Department is managed and to fulfill its ordinance to install of Board of Police Commissioners, which will be able to hire, fire and discipline officers.
Day-to-day management of the department will be in the hands of a police chief.
In the decision, Justice Scott Kafker wrote, “We conclude that the City Council may so reorganize the police department, based on the plain language of the relevant statutes and city ordinances, and therefore affirm the Superior Court’s entry of declaratory judgment in favor of the city council.”
The justice continued, “In 2018, the city council attempted to restore the pre-2005 structure of the police commission, passing an ordinance that replaced the professional commissioner with a board of police commissioners (board) comprised of five unpaid civilians, and reimposed the requirements that the members of the board be residents of Springfield who were not city employees, two as provided in sections 67-84 to 67-96 of the municipal code. The mayor vetoed the ordinance, and the city council voted to override the veto. The mayor refused to implement the ordinance, and entered into a contract with a new, full-time professional police commissioner in 2019. The council responded by commencing the present action in October 2020 seeking declaratory relief, an injunction, and mandamus to require the mayor to comply with the ordinance. The parties filed cross motions for summary judgment.”
Sarno released a statement in response, which read, “The Supreme Judicial Court (SJC) today determined that the City Council has the right to require me to appoint a Board of Police Commissioners. I accept that responsibility.
“At the same time, the Supreme Judicial Court’s decision did nothing at all to diminish in any way my authority as mayor to appoint and determine the responsibilities of that individual who is charged with the management and operation of the Springfield Police Department. I will continue to exercise that responsibility.
“We will work within the guidance of the decision and under the prevailing statutes and laws of the commonwealth, and prevailing ordinances of the city of Springfield, to comply with the decision and to maintain the high standards of public safety.
Commissioner Cheryl Clapprood will lead the Springfield Police Department, as she continues to move the department forward.
“The Board of Police Commissioners is to perform, as the SJC noted an ‘oversight function’ but not a ‘daily managerial function.’ The day-to-day duties concerning the operation of the police department, including ‘command and control’ of all department members, professional standards, as well as hiring, promotions, and as well as assignments, will continue to be performed by a full-time police professional, Cheryl Clapprood.
“However, I will have the Board of Police Commissioners, with the subpoena power authority I have long sought, to conduct hearings on disciplinary matters for the benefit of the Department. The Board will determine the conditions of discipline, termination, dismissal, and reappointment. I will be naming the five-member board shortly.”
Reminder Publishing was told by the mayor’s office that additional details would be forthcoming at a press conference.
State Rep. Orlando Ramos, a former City Councilor, issued the following statement: “While I appreciate Mayor Sarno finally conceding to appointing a five-member Police Commission, it should not have taken this long. The resurrection of the police commission was one of the first votes I took when I was on the City Council in February of 2014, and again in 2016. Mayor Sarno’s refusal to appoint the commission in a timely manner has cost the taxpayers of our city millions of dollars; and it prolonged a system which allowed for the likes of Det. Greg Bigda to remain employed. In addition, the mayor’s defiance cost the city tens-of-thousands of dollars in legal fees as he continued to defend his position and appeal the court’s decision. Mayor Sarno owes the taxpayers of Springfield an apology!”
In the Bigda case, Sarno has said he does not favor the reinstatement of the officer who was recently acquitted of charges from a case involving his treatment of minors.
Councilor Jesse Lederman also released a statement: “In 2020 I joined together with many of my colleagues on the City Council to introduce an order seeking judicial intervention to enforce the ordinance establishing a Civilian Board of Police Commissioners that had been overwhelmingly passed multiple times by the City Council.
“Today, the Massachusetts Supreme Judicial Court ruled in favor of the City Council and ordered the mayor to implement the ordinance.
“Since before my first campaign, and in the years since, I have spoken in favor of a Board of Police Commissioners because I believe that such a structure, when paired with other reforms and efforts, will go a long way towards creating a fair and transparent system of accountability, professionalism, and checks and balances that the public and members of the department can trust and rely on.
“Today’s ruling is the end of the line for the false claim that the City Council does not have jurisdiction over the organization of our city government, and is important not only regarding police department governance, but also with regard to the separation of powers and the necessary checks and balances within local government.
“Now is the time to govern. I am hopeful that today’s ruling will resolve this impasse that has been an impediment to progress for too long, and that we can turn the collective efforts of our municipal government and community towards a responsible implementation and the future.
“Thank you to Attorney Thomas Lesser and Michael Aleo who volunteered to represent the City Council at no cost to the taxpayers, and to the many activists, elected officials, and journalists who have spoken out over all these years in favor of this cause.”