OP-ED: State Sen. Brownsberger on Proposed Police Reform in Mass.

State Sen. Will Brownsberger

(The following piece was provided by State Sen. Will Brownsberger, whose district includes Watertown, Belmont and parts of Boston)

Shortly, the Governor will decide whether to approve a major policing reform package. 

The legislature sent him the bill after hours of emotional debate, months of emotional negotiation and thousands of emotional comments by people on both sides of the issue. If approved, it will make a real difference in policing in Massachusetts. 

There are many brave and honorable police officers in this state and there are many excellent police leaders as well. Some of them take personally the proposition that improvement is needed. That is unfortunate. We need to keep reassuring them that we do not mean to question their commitment, integrity, or competence. 

At the same time, we need to recognize that we can do better. We need to admit that there are some departments in the state where civilian complaints of mistreatment are badly neglected. One need look no further than the recent United States Department of Justice investigation into the police department in the City of Springfield.   

Citizens — and honorable police officers — do need stronger protection from rogue officers and the package before the Governor will offer that protection. At the heart of the package is a new statewide oversight agency for policing: The Peace Officer Standards and Training Commission (POST).   

The POST will have the power to directly receive a complaint of misconduct from any source. Additionally, all law enforcement agencies in the state will have to promptly report to the POST any complaints that they receive.   

The POST has the power to certify officers and the power to decertify them. Without certification by the POST, law enforcement officers cannot work in law enforcement. In response to serious misconduct, the POST may choose to consider suspending or decertifying an officer. It will be much harder to bury a complaint of serious misconduct.   

That does not mean that officers will be presumed to be in the wrong when a complaint is filed. On the contrary, they will benefit from strong procedural protections. When a complaint is made, officers will usually go through the local discipline process as they do now. But the result of that process will be reported to the POST and the POST will have the resources to independently investigate if it deems it necessary. 

If the POST opens an investigation and concludes that an officer’s conduct merits a suspension or decertification, the POST may impose a preliminary suspension, but only after a hearing and a finding that the weight of the evidence favors a finding against the officer. During a preliminary suspension, an officer may remain on the agency payroll. 

A final suspension or decertification can only be imposed upon “clear and convincing evidence.” That is a very high bar — professionals in other fields can typically lose their license on lesser findings. It makes sense that police officers should have a somewhat higher threshold for losing their license — they are often in an adversarial relationship with people that they arrest and they can draw complaints even when they behave professionally. 

The POST commission will consist of nine members appointed by the Governor and the Attorney General. The commission will include three police officers, three civilians and three additional civilians nominated from lists submitted by the National Association of Social Workers, the Massachusetts Commission Against Discrimination, and the civil rights and social justice section of the Massachusetts Bar Association. 

POST commissions, in the other 46 states that have them, are completely dominated by law enforcement officers. Due to their make up and/or their limited powers, POST commissions in other states have allowed tragic abuses to continue, leading to civil unrest.  

In departing from national precedent by creating a majority civilian commission with great power, we hope to give citizens confidence in the commission’s independence and to assure that real transparency and accountability come to law enforcement in Massachusetts.  

More information available here.

Town Council Puts Eversource On Notice About Double Poles in Watertown

An example of a double utility pole on Main Street in Watertown from 2016

Tired of waiting for Eversource to take action needed to remove double utility poles in Watertown, the Town Council told the utility this week it will not consider requests for Eversource projects in Town until the poles are dealt with. Every few meetings, a utility comes to the Town Council for approval to do work in Watertown, typically putting in an underground trench for wires. Tuesday, Eversource had two such requests, but one councilor brought up his frustration about the lack of action on removing double poles, particularly one problematic one in his district. When a new utility pole is installed, the old one is attached to the new one until the wires are transferred to the new one. There is an order for which wires get moved first depending on where they are on the pole, and who owns the poles.

Town, BB&N Agree to Share Fields at Filippello Park, New Ones School to Build on Grove Street

The Town of Watertown and Buckingham Browne & Nichols School (BB&N) agreed to a field sharing plan where the school would get some use of Filippello Park, while the Town could use new athletic fields to be built by BB&N on Grove Street. Watertown residents will have access to new athletic fields to be built by Buckingham Browne & Nichols School on Grove Street, while the school will be able to use fields at next door Filippello Park as part of an agreement approved by the Town Council Tuesday night. Two full-sized athletic fields, a field house and parking for about 80 vehicles are planned for the 6.1 acres of land that BB&N plans to purchase from Mount Auburn Cemetery. The land directly abuts Filippello Park on the Grove Street side of the park in East Watertown. BB&N recently entered into a purchase and sale agreement with the Mount Auburn Cemetery.

Fees for Liquor Licenses, Others in Watertown Waived for 2021

Watertown Town Hall

The Licensing Board voted to waive fees for liquor licenses and other fees charged to do business in the Town of Watertown for all of 2021 in an effort to help them endure the impact of the COVID-19 pandemic. On Thursday night, the Board heard a proposal to eliminate the annual fees for liquor licenses for restaurants, which is $2,700 for most. After a discussion, Licensing Board members decided that not just those, but also fees for other businesses should be removed for 2021. Other communities have already made changes to their liquor license fees, said David Doneski, the attorney that works with the Licensing Board. Newton and Needham approved a 50 percent reduction in fees, and Malden and Quincy waived the entire fee.

Charter Review: Library Trustees Argue to Keep Board Elected, School Committee Discussed

The Watertown Free Public Library. Two Watertown Library Trustees told the Charter Review Committee the board should remain an elected one, saying that having to run for the position keeps them more in touch with the desires of the community. The discussion took place during Tuesday’s Charter Review Committee meeting. Members also of the School Committee gave their input to the group that is examining the equivalent of the Town’s constitution and will likely propose changes. The Committee also discussed the draft timeline of the Charter Review process, and the new website.

Draft of Bike & Ped Plan to be Discussed at Public Meeting; New Path Behind Library

The draft of Watertown’s new Bike and Pedestrian Plan will be discussed at a public meeting in December, and the Town has a new section of the Community Path near the Watertown Library. Watertown Transportation Planner Laura Wiener sent out the following information:

New Bike and Ped Plan will Pave the Way for more Biking and Walking.  

Public Meeting December 7. The Town is undertaking a Bicycle and Pedestrian Plan, to show the way toward roads and sidewalks that welcome bikers and pedestrians, along with cars. Partnering in this endeavor are the Town Council, the Bicycle and Pedestrian Committee, the Department of Community Development and Planning, Public Works Department, and McMahon and Associates.  This effort has been ongoing for about a year.There will be a public meeting to review the Draft Plan, on Monday evening December 7, 2020, at 7:00PM via Zoom. The meeting is hosted by the Town Council Committees on Economic Development and Planning and Public Works. The consultant, McMahon and Associates, will present the draft plan and its recommendations, and then take questions and comments from Council members and the public.The Draft Plan, and other information is available on the Town website, HERE.  Click on the Flyer link for a link to the presentation and the Zoom meeting.Bike Ped Plan Project Goals

Increase opportunities for bicycling and walking, and thereby reduce the number of vehicle trips in Watertown.Increase safety and access for bicyclists and pedestrians, to promote biking and walking.Create a road map for future improvements to the Bicycle and Pedestrian network. 

Quick Build Community Path Extension in Watertown Square

Have you noticed some changes behind Town Hall and the Library?  The Town received funding from a MassDOT program called Shared Streets/Shared Spaces, to fund quick-build projects that support Covid-friendly outdoor activities.

Former Detective Suing Watertown Police Department, Police Union for Sexual Discrimination

A former Watertown Police officer has sued the Watertown Police Department and the Police union for “gender discrimination and retaliation” after she was forced to leave the department. The suit also alleged that it was due in part to an intimate relationship she was having with a superior officer. A copy of the civil suit filed in Middlesex Superior Court was obtained by the Boston Herald, which ran a story and a column on Tuesday evening. See the story here. The suit said that former WPD detective Kathleen Donohue faced “sexually charged comments,” and “dangerous rumors” about false affairs, the Herald reports.