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Date: 1/4/2023
SPRINGFIELD – Ward 6 City Councilor and Chair of the Public Safety subcommittee Victor Davila expressed frustration with the Police Commission’s lack of attendance for a Dec. 13 Public Safety subcommittee meeting. His grievances come after a series of setbacks during the Police Commission’s first year back in operation.
Background
The Supreme Judicial Court ordered for the commission to be reestablished via a consent decree in January 2022 after years of dormancy. The court’s ruling came after a disagreement between the City Council and Sarno about the commission’s reinstatement which caused the council to pursue a legal resolution.
Sarno then appointed five members to the commission in March: Civilian Community Police Hearing Board member Albert Tranghese, former School Committee member Norman Roldan, security business owner Robert C. Jackson, Hampden County Sheriff Department employee Madeline Fernandez and professor of Criminal Justice at Springfield College Dr. Gary Berte.
So far, the Police Commission has endured initial challenges. Members of the Police Commission expressed frustration to the City Council during a Sept. 19 Public Safety Subcommittee. Berte, the Police Commission’s chairperson, cited a lack of resources, such as technology and inaccessible contact information, as hindrances to their process.
“I’m not trying to make excuses, but we do need support and we do need resources,” said Berte during the meeting.
The City Council then met on Oct. 5 to discuss the Police Commission’s ongoing status. Members of the council aired concerns around several issues, such as the implementation of the Department of Justice’s consent decree, systematic concerns within the Springfield Police Department and equitable legal representation for the Police Commission. Members of the Police Commission were not present for this meeting.
Another critical juncture occurred on Nov. 22 with the commission’s 2-1 vote to reinstate patrolmen Christian Cicero and Daniel Billingsley, who were convicted in March for an off-duty assault and battery outside of Nathan Bill’s Bar and Restaurant in 2015. The decision was made despite two members of the five-person commission being unavailable.
City Council President Jesse Lederman and Sarno both expressed their disapproval of the Police Commission’s decision.
“The Police Commission is meant to ensure the public and members of the department can rely on a consistent, professional and transparent decision-making process and execution of justice. In this instance, the process appears unclear, out of order and unreflective of the institutions purpose,” said Lederman.
“I am dismayed on why this hearing and decision to reinstate these officers went forward with only three Police Commission members present. Although they met the requirements for a quorum under their rules and regulations, this serious matter should have been heard before the full complement of the Board of Police Commissioners,” said Sarno.
Public Safety Subcommittee meeting
At the meeting’s onset, Davila said that City Council staff reached out to members of the Police Commission prior to the Dec. 13 meeting calling for their attendance. The meeting was planned to discuss the Police Commission’s procedures and compliance with opening meeting laws.
Roldan and Fernandez were the only two to respond to the request, sharing that they were unable to attend the meeting. Davila thanked both for responding to request, but aired his “complete discontent” with the lack of response and representation from other Police Commission members.
“I find it extremely disrespectful that when a meeting is called, they don’t show up … This is officially a problem,” said Davila.
City Councilor At-Large Tracye Whitfield expressed similar concerns.
“This is concerning. These are the individuals the mayor handpicked, and they are not doing their duties how they should be,” said Whitfield.
Deputy City Solicitor Kathleen Breck answered questions on behalf of the law department. Inquiries regarding conducting meetings through open meeting law and the Police Commission’s procedures were asked to Breck, but she said she was unable to address those concerns specifically.
“I’m not a member of the board of Police Commissioners, I can not speak for them,” said Breck.
Breck did inform the subcommittee that City Solicitor John Payne is working with the Police Commissioner’s on establishing a manual of procedures. Breck said she is unsure if that process will undergo public input.
Due to the Police Commission’s absence of set rules, City Council Attorney Ken Shea expressed his opinion that the commission should follow the guidelines that the council currently operates under. Those guidelines would’ve prevented the Nov. 22 vote regarding the Nathan Bill’s case to take place.
“They’d have to follow the parameters of what the City Council has to follow,” said Shea.
Davila and other members of the Public Safety subcommittee concluded the meeting by expressing their desire for more participation and transparency from the Police Commission. City Councilor At-Large Justin Hurst suggested Police Commissioners may need to be subpoenaed in the future to guarantee attendance for meetings.
“If they are determined not to show up, they certainly can be subpoenaed by this body,” said Hurst.