If you haven’t had a chance yet to watch our chat with Rep. Paul Tucker, we encourage you to do so. It was hugely informative. Tucker explained where the Police Reform bills are in process and laid out the provisions (and his opinions on each) in a clear manner.
In the meantime, some of our League representatives attended a meeting hosted by the LWVMA, with Rep. Nika Elugardo of the Massachusetts Black and Latino Legislative Caucus (MBLLC). Elugardo outlined the four statewide priorities put forward by the MBLLC, which I will capture here with brief notes about some of the points being debated and discussed.
State priorities as put forward by the MBLLC. Visit their website to see federal and municipal priorities, which round out the ten points.
1) Peace Officer Standards and Training (POST): Establish a statewide POST system to certify police officers and enable de-certification for misconduct and abuse.
The governor and police unions had agreed to a “preponderance” of evidence to de-certify for offenses (>50% evidence of wrong-doing), but the Senate bill came in with a higher standard of proof (“clear and convincing”). The reform bill is in committee to reconcile the two bills, and we are uncertain whether this is something that can be modified.
2) Civil service exam review and oversight: Establish an Office of Diversity and Equal Opportunity to establish guidelines and review for diversity plans for all state agencies. Establishes a peace officer exam advisory board to review examinations for appointment and promotion of peace officers.
This is not particularly controversial, however, there is a discussion about the “veteran’s priority.” Most municipalities have a hiring preference for veterans (from anywhere), which is higher than filling openings with locals or Black, Indigenous, or People of Color (BIPOC). One experiment, happening in Lawrence, is alternating the preferences each year, which will hopefully lead to a more diverse force.
3) Commission on structural racism: Establish a commission to study how the systemic presence of institutional racism has created a culture of structural racial inequality which has exacerbated disproportionate minority contact with the criminal justice system in Massachusetts.
The composition of the commission may be something to watch, and both Tucker and Elugardo mentioned different communities that should be represented (sheriffs; incarcerated people).
4) Adopt clear statutory limits on police use of force, including choke-holds and other tactics known to have deadly consequences. Require independent investigation of officer-related deaths. Require data collection and reporting on race, regarding all arrests and police use of force by every department.
Some aspects of this priority are more controversial than others. Banning choke-holds and other deadly tactics (such as firing weapons from a moving vehicle) are not controversial, and are likely to make it through the reconciliation. Data collection and reporting will also most likely be reviewed favorably, but details around “independent investigation” are likely to provoke strong opinions; again, most likely tied to the composition of the investigative team reviewing the incidents.
You may notice some buzz missing from the list of priorities here, particularly “qualified immunity.” Elugardo and the MBLLC have not prioritized the reform of qualified immunity, which they believe is better handled at the federal level. Both Tucker and Elugardo agreed that we need clarification around the unrelated but frequently confused concepts of qualified immunity and indemnification.
There has been a great deal of heated rhetoric around police reform, but Elugardo pointed out that this is not an issue of villains vs. heroes. As with all matters, we should give more weight to fact over feelings. It is also important to listen to the communities most disproportionately affected by police brutality. The Senate, undoubtedly with good intentions, unfortunately undermined pre-legislative negotiation efforts between the police unions and legislators.
If you are interested in hearing more from the MBLLC, the LWV will be hosting a legislative caucus update with Rep. Carlos Gonzalez on 10 September at 11AM. Register here.
Authors: Jen Lynch and Judith Reilley