The Massachusetts State Senate on Tuesday passed An Act to Reform Police Standards and Shift Resources to Build a More Equitable, Fair and Just Commonwealth that Values Black Lives and Communities of Color (S.2800). Known as the Reform, Shift + Build Act, the comprehensive bill is designed to increase police accountability, shift the role of law enforcement away from surveillance and punishment, and begin to dismantle systemic racism.
“This Reform, Shift + Build Act meets the urgency of this moment,” stated Senate President Karen E. Spilka (D-Ashland). “There is no doubt that we are in a difficult moment, both nationally and in our Commonwealth, but I’m proud of the Senate for listening to calls for racial justice and beginning the difficult work of reducing institutionalized violence, shifting our focus and resources to communities that have historically been negatively impacted by aggressive policing, and introducing many creative ideas to build greater equity and fairness in our Commonwealth. I’d like to particularly thank the members of the Senate Working Group on Racial Justice, especially the co-chairs Senators Sonia Chang-Diaz and Will Brownsberger, for working thoughtfully and thoroughly so that we could meaningfully say that the work of racial justice has begun. I promise the Senate will continue.”
“This bill is a vital step towards a new vision of public safety: one that’s built on accountability, de-escalation, and care,” stated Senator Sonia Chang -Díaz (D-Boston), co-chair of Senate Working Group on Racial Justice. “It begins the long, necessary work of shifting power and resources to Black communities and communities of color who have, for too long, faced criminalization and punishment instead of investment. I’m grateful to my colleagues in the Racial Justice Working Group, Senate President Spilka, and the Ways & Means Chairman, Senator Rodrigues, for their dedication in bringing this bill forward. I’m especially thankful to the organizers, advocates, and protestors who have been fighting these battles for years and have made it impossible for us to look away now. We still have a long road ahead, but this marks a tremendous leap forward.”
“We have lots of wonderful police officers, and I am grateful for their service,” stated working group co-chair Senate President Pro Tempore William Brownsberger (D-Belmont). “But we cannot turn a blind eye to the problems that do exist in the state which have been so recently documented by the United States Department of Justice. Nor should we pretend that those problems are the only problems in the state. This legislation is long overdue and I’m glad we are moving forward.”
The Reform, Shift + Build Act strengthens the use of force standards in a number of ways. It bans chokeholds and it also bans other deadly uses of force except in cases of imminent harm. The bill also requires the use of de-escalation tactics when feasible; creates a duty to intervene for officers who witness abuse of force; limits qualified immunity defense for officers whose conduct violates the law; and expands and strengthens police training in de-escalation, racism and intervention tactics.
In response to national and state-level calls for change, the bill clarifies and rebalances the understanding of a qualified immunity defense. Under the legislation, the concept of qualified immunity will remain, as long as a public official, including law enforcement, is acting in accordance with the law. The bill also makes clear that nothing in this bill impacts or limits existing indemnification protections for public officials.
The Reform, Shift + Build Act creates a Police Officer Standards and Accreditation Committee (POSAC)—an independent state entity composed of law enforcement professionals, community members, and racial justice advocates—to standardize the certification, training, and decertification of police officers. The POSAC includes 6 law enforcement members, both management and rank-and-file officers, 7 non-law enforcement members and 1 retired judge. All non-law enforcement members will have experience with or expertise in law enforcement practice and training, criminal law, civil rights law, the criminal justice system, or social science fields related to race or bias.
The POSAC will receive all misconduct complaints, investigate complaints involving serious misconduct, and maintain a disclosure database. It will also prohibit nondisclosure agreements in police misconduct settlements and establish a commission to recommend a correctional officer certification, training, and decertification framework.
To increase diversity in the workforce, the bill creates a state police cadet program. It also allows the Governor to select a colonel from outside the state police force and gives the colonel a greater ability to apply discipline. Further, the bill imposes a moratorium on the use of facial surveillance technology by government entities while a commission studies its use and creates a task force to study the use of body and dashboard cameras by law enforcement agencies.
To shift the balance of law enforcement techniques away from force and punishment, the bill seeks to demilitarize the police force by requiring transparency and civilian authorization for military equipment acquisitions. It also seeks to expand community-based, non-police solutions to crisis response and jail diversion by developing new evidence-based intervention models.
A key component of the bill addresses the school-to-prison pipeline by making school resource officers optional at the discretion of the superintendent and preventing school districts from sharing students’ personal information with police except for investigation of a crime or to stop imminent harm. The bill also expands access to record expungement for young people by allowing individuals with more than one charge on their juvenile record to qualify for expungement.
The bill establishes the Strong Communities and Justice Reinvestment Workforce Development Fund to shift funding from policing and corrections towards community investment. Controlled by community members and community development professionals, the fund will make competitive grants to drive economic opportunities in communities most impacted by excessive policing and mass incarceration.
Finally, the bill seeks to begin dismantling systemic racism by banning racial profiling, requiring racial data collection for all police stops and requiring reporting and analysis. It also introduces a police training requirement on the history of slavery, lynching and racism, and creates a permanent African American Commission. A primary purpose of the commission will be to advise the legislature and executive agencies on policies and practices that will ensure equity for, and address the impact of, discrimination against African Americans.
The Senate adopted a number of amendments to strengthen the bill. One establishes a Latinx Commission, based on the existing Asian-American Commission and the African American Commission created in the current bill, to bring more underrepresented voices to the table and ensure equity in policymaking. Another prohibits decertified law enforcement officers from becoming corrections officers, while a further amendment eliminates statutory language offensive to the LGBTQ+ community.
“Our policymaking process functions best when those who are underrepresented have a voice,” said Senator Joe Boncore (D-Winthrop), the sponsor of the amendment creating a LatinX Commission. “This amendment honors the rich diversity of the Latinx community in the Commonwealth and works to ensure that their contributions are recognized. By passing this amendment, the Senate creates greater opportunities for existing Latinx organizations, researchers, and advocacy groups to have a voice in the policymaking process.”
One notable amendment creates a Commission on Structural Racism, which seeks to map out the systems impacting the Department of Corrections (DOC) mission using a structural racism lens. This commission will propose programming and policy shifts and identifying legislative or agency barriers to promoting the optimal operation of the DOC. It also creates a roadmap for the legislature to establish a permanent publicly funded entity to continue this work.
“Black and Brown people in Massachusetts are incarcerated at alarmingly disparate rates,” stated Senator Harriette L. Chandler (D-Worcester), the sponsor of the amendment. “But this is not because they commit more crime. This is not a mistake. This is the reality of a criminal justice system where Black and brown people are criminalized due to the color of their skin. One of ten recommendations released by the Massachusetts Elected Officials of Color in their call for reform was a commission on institutional racism. Through this amendment, the state will be able to reflect on why we have allowed this injustice to persist for so long and will pursue policies to rectify these wrongs. Thank you to the members of the Senate who unanimously supported this effort.”
The Reform, Shift + Build Act now moves to the Massachusetts House of Representatives for consideration.
Link to the text of the legislation https://malegislature.gov/Bills/191/S2800
Tuesday, July 14, 2020
#ThinkBlueFranklin - a campaign for stormwater awareness - begins week of July 20
"Coming next week! Stay tuned to learn how to participate and enter to win great prizes!!!! @waterwords #stormwater #learn #educate #fun #cleanerwater #thinkbluefranklin"
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| #ThinkBlueFranklin - a campaign for stormwater awareness - begins week of July 20 |
https://twitter.com/TOFranklinMA/status/1282733373430145024?s=09
Hurricane Preparedness Week is Here
1 - Hurricane Risk
Every family should have multiple methods for receiving emergency alerts. Learn more about different types of alerting and information tools including the Emergency Alert System, Wireless Emergency Alerts, NOAA Weather Radio, Social Media & Traditional Media, 2-1-1 Hotline, Local Notification Systems: https://www.mass.gov/info-details/be-informed-and-receive-emergency-alerts
Gov Baker's proclamation on Hurricane Preparedness Week
https://www.mass.gov/news/hurricane-preparedness-week-reminds-residents-to-prepare-take-precautions
Sign up for alerts from NOAA https://www.nhc.noaa.gov/gtwo.php?basin=atlc
- Peak of hurricane season is August and September
- NOAA predicts above normal hurricane season; but regardless of seasonal forecast, it only takes one storm to severely impact an area
- Entire state is at risk; storm surge threat in coastal areas and high winds, heavy rainfall, and inland flooding possible across entire state, as we saw in Irene in 2011
- While the last hurricane in Massachusetts was Bob in 1991, the Commonwealth has a history of destructive hurricanes
- Threat of tropical cyclones and other natural hazards continue during COVID-19 pandemic
- Know Your Evacuation Zone
Learn if you live or work in a hurricane evacuation zone: www.mass.gov/knowyourzone
- Make an Emergency Plan
Develop a plan with the members of your household to prepare for what to do in a tropical cyclone including making an evacuation plan, planning for individuals with access and functional needs, and any extra considerations during COVID-19 pandemic including how you might evacuate and where you might evacuate to. If you are in a high risk population, the safest option may be to evacuate to a location without the general public such as a hotel, relatives' home or other destination. https://www.mass.gov/info-details/make-a-family-emergency-plan
- Build an Emergency Kit
Build an emergency kit containing items that will sustain you and your family in the event you are isolated for three to five days without power or unable to go to a store and customize for your family's needs. During the COVID-19 pandemic, include face coverings, masks, hand sanitizer and other cleaning supplies that you may need. https://www.mass.gov/info-details/build-an-emergency-kit.
Every family should have multiple methods for receiving emergency alerts. Learn more about different types of alerting and information tools including the Emergency Alert System, Wireless Emergency Alerts, NOAA Weather Radio, Social Media & Traditional Media, 2-1-1 Hotline, Local Notification Systems: https://www.mass.gov/info-details/be-informed-and-receive-emergency-alerts
Gov Baker's proclamation on Hurricane Preparedness Week
https://www.mass.gov/news/hurricane-preparedness-week-reminds-residents-to-prepare-take-precautions
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| as part of staying informed sign up for hurricane alerts from NOAA |
Reminder: Senior Center coffee hour - July 16
The next Senior Coffee Hour is scheduled for July 16 at 8:30 AM.
State Rep Jeff Roy and Franklin town officials will participate
The Zoom link to attend is https://us02web.zoom.us/j/88465356605?pwd=Nkw3TFNNc29xVlE1T09FYXVXZWJ5dz09
State Rep Jeff Roy and Franklin town officials will participate
The Zoom link to attend is https://us02web.zoom.us/j/88465356605?pwd=Nkw3TFNNc29xVlE1T09FYXVXZWJ5dz09
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| Senior Center coffee hour - July 16 |
"French Neutrals" - local interest in the French and Indian War - July 20
The Bellingham Historical Commission in partnership with the Bellingham Library will delve into the story of the "French Neutrals" who were relocated to Bellingham and other nearby towns during the French and Indian War (1754 – 1763).
The free presentation, which will be hosted on Zoom, will feature the Bellingham Historical Commission's Vice Chair Steve Joanis and his wife Bronya. The two will, in costume, relate the tale of the Robeshaw and Amerault families - Nova Scotians who were relocated to Wrentham and Bellingham in the late 1750s because the British regarded French speaking Acadians as potential adversaries.
The presentation will use a mix of the historical facts, original documents, and "likely suppositions" to recreate the story of Joseph Robeshaw's life. Joseph was born here as a captive, but stayed to serve in the militia as a citizen soldier during the American revolution.
This is a Zoom event on July 20 from 7:00 to 8:00 PM. Follow the Facebook event for updates: https://www.facebook.com/events/268935604314925/
The free presentation, which will be hosted on Zoom, will feature the Bellingham Historical Commission's Vice Chair Steve Joanis and his wife Bronya. The two will, in costume, relate the tale of the Robeshaw and Amerault families - Nova Scotians who were relocated to Wrentham and Bellingham in the late 1750s because the British regarded French speaking Acadians as potential adversaries.
The presentation will use a mix of the historical facts, original documents, and "likely suppositions" to recreate the story of Joseph Robeshaw's life. Joseph was born here as a captive, but stayed to serve in the militia as a citizen soldier during the American revolution.
This is a Zoom event on July 20 from 7:00 to 8:00 PM. Follow the Facebook event for updates: https://www.facebook.com/events/268935604314925/
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| "French Neutrals" - local interest in the French and Indian War |
In the News: expect a start date for plastic bag prohibition now that reusable bags are Ok
"Reusable bags have been cleared to return to checkout lines in Massachusetts, with a previous ban now removed in the latest round of Baker administration guidance affecting grocery stores.Continue reading the article online (subscription may be required)
On Friday, Public Health Commissioner Monica Bharel rescinded a pair of earlier orders that laid out required precautions for grocery stores to safely operate amid the COVID-19 pandemic.
In the rescission notice, Bharel said the two orders’ “COVID-19 reduction strategies” were now incorporated into the economic reopening safety standards for retail businesses that Gov. Charlie Baker issued in June."
https://www.milforddailynews.com/news/20200713/reusable-bags-allowed-again-in-grocery-stores
If you recall that the Town of Franklin just had an announcement last week about the delay in the plastic bag prohibition, your memory is good. We shared the following on Wednesday. So we can expect a formal start date announcement sometime (soon?).
"In late March, Massachusetts Governor Charlie Baker banned reusable bags and lifted local bans on plastic bags at grocery stores and pharmacies as part of his administration's steps to limit the spread of the Coronavirus.
To comply with this order the Town of Franklin is delaying the start of the plastic bag prohibition which was originally slated to go into effect July 1st, 2020.
The Plastic Bag Prohibition will go into effect when the Governor lifts the ban on reusable bags, once the ban is lifted the Town will send out a notification with a formal start date for the plastic bag prohibition to begin. "
Shared from the Town of Franklin page:
https://www.franklinma.gov/home/news/update-plastic-bag-prohibition
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| In the News: expect a start date for plastic bag prohibition now that reusable bags are Ok |
In the News: two items from Gov Baker's press conf on Monday, July 13
"Gov. Charlie Baker on Monday announced the state has launched a new website to provide directions to residents who want to report businesses that may not be following safety guidelines for COVID-19.Continue reading the article online (subscription may be required)
“If folks believe that a business or employer is not observing the safety guidelines, we’ve set up a process for people in the public or employees to reach out and communicate that,” said Baker.
Baker said a new page on the state website, Mass.Gov/Compliance (https://www.mass.gov/info-details/reopening-covid-19-compliance), would be activated to accept reports about businesses that were not in compliance with state-issued guidelines. He said reports can also be made through the 211 hotline.
“Investigations can result in enforcement measures if violations are discovered,” Baker said."
https://www.milforddailynews.com/news/20200713/residents-can-use-new-state-website-to-report-businesses-not-following-coronavirus-safety-guidelines
"Traditional public schools sent students home and shifted to remote learning in March to help prevent the spread of the coronavirus, but that was not an option for residential schools that serve students with special needs.
Recognizing the costs for special education residential school providers to outfit their workforces with personal protective gear, to put in place enhanced facility cleaning plans, and in some cases to increase staffing levels, the Baker administration on Monday unveiled a relief package of more than $16 million to benefit 32 special education residential schools.
Gov. Charlie Baker made the announcement after touring the New England Center for Children in Southborough, which teaches, houses and supports more than 120 students with special needs. Baker said the center will receive about $2 million.
“The commonwealth’s special education residential schools do tremendous work educating and supporting students with special needs. Throughout the pandemic special education residential schools, like this one, have remained open,” Baker said. “The ability this community has shown to adapt to maintain a safe environment for students in their care and for their 24/7 staff has been a godsend. The schools incurred unanticipated costs related to the purchase of personal protective equipment, infection control measures, increased staffing costs and enhanced cleaning protocols over that period. We know this is difficult work, and we know that so many people, time and time again, found a way to simply get it done.”
Continue reading the article online (subscription may be required)
https://www.milforddailynews.com/news/20200713/gov-baker-visits-southborough-to-announce-that-residential-schools-are-getting-16-million-in-coronavirus-relief
The press release with details on the schools and amounts involved
https://www.mass.gov/news/baker-polito-administration-announces-covid-19-funding-for-special-education-programs
Press conf video link = https://youtu.be/3Mg92Dc6Ciw
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