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Lack of Police Oversight Board Delays Body-Worn Camera Adoption in Somerville

[Narrative reposted by permission of Derrick Rice]

On Friday April 24th, a working group of Somerville residents concerned about body-worn cameras [“BWCs”] delivered this letter to City Council, co-signed by 22 community leaders and organizations. The letter outlines the gaps between widely recognized BWC policy requirements and the City of Somerville’s proposed BWC Surveillance Technology Impact Report (“STIR”), which functions as the legally binding use policy). It also emphasizes the importance of developing a BWC use policy with public engagement and defining the policy prior to collective bargaining.

On Tuesday April 28th, we were sponsored by Councilor Scott to speak at City Council’s Legislative Matters Committee meeting. Derrick Rice presented, summarizing some of the policy concerns and emphasizing the procedural concerns. The Legislative Matters Committee then deliberated the BWC STIR. You can watch the video here (presentation @ 49m38s, deliberation @ 1h05m to 1h37m). 

Derrick: “From what we in the public are able to see, there is a real cause for concern in this moment. … We have six years of task forces studies in this council’s past deliberations have converged on a clear answer to the question of how body-worn cameras should be governed if adopted, yet we don’t see elements of that adequately represented in the STIR presented by the city. The city’s own studies and past commitments have led us to expect community transparency and input on this policy, yet we’re being caught off guard by the mayor’s request for funding and STIR approval prior to any public engagement. I am one of many people appealing to you to use your authority over the STIR to help ensure we meet these held standards of transparent policy and public engagement.”

Throughout deliberation, all councilors communicated some degree of apprehension with the BWC STIR. Ultimately, they agreed to hold the item in committee, effectively declining to seriously consider approval at this time. (Want to know what they said? See the addendum below!)

What’s Next

The City Council’s Legislative Matters Committee has opposed the BWC STIR for now, but Mayor Wilson’s administration could push for its approval at any time. We will be watching carefully to see if and how the City responds to our letter or changes its process with regard to collective bargaining negotiations and BWC policy.

In the interim, community members have circulated a variety of content regarding the consideration of Body Worn Cameras:

Somerville residents can sign up for future updates by filling out this form.

With neighborly love,

Derrick Rice (he/him)

e: local.derrick@rice.io

Want to be more involved? Have something to add? Spot an error? Please get in touch!


Addendum: What They Said

Here’s what the councilors on Legislative Matters had to say on April 28th: 

Councilor Mbah: “I’m a proponent of body-worn cameras, but now the more I hear about this conversation I just also want to make sure that those loopholes that continue to surface have to be closed. We have to do it right. So, you’ve really articulated a lot of stuff that is also — I mean, it almost feels like common sense. If anybody wants public safety, they should be able to accept those things. They should be able to accept that this is all about accountability”

Councilor Strezo: “I would like to have the administration respond about the concept — because there is a good point that is brought up — about the police oversight board. … The administration had to have seen this coming with the body-worn cameras talk. All the research that I’ve seen has mentioned that this is an important element to implementation of the body-worn cameras. We need that oversight board.”

Councilor Ewen-Campen: “This is different from every other impact report we’ve done because it’s the subject of collective bargaining. …  this council has an executive session — had conversations about this topic — but the public hasn’t seen any of that, right? …  I’m concerned about the kind of putting the cart before the horse; that it’s not come as a surprise to anyone that the use policy is really, really important to me, to my colleagues on the council, to the public, and to not be able to have a detailed conversation about it before we’re asked to approve it in public is really, really hard”, adding “given the budget conversations we’re having this year, I’m extremely apprehensive about that.”

Councilor Davis: “Aside from all of the sort of the tactical issues that are raised with trying to review a document that we can’t change that relates to some discussion that may be happening that we can’t really materially impact. — I guess I will repeat [Councilor Ewen-Campen] a little bit. — This is a backwards way of doing it.”

Councilor Scott: “As I look at the impact report, I am certainly in agreement that there are a few glaring omissions here. …  one thing I’m absolutely convinced of is that there is no pathway for this to be a beneficial technology implementation without meeting at least these baseline requirements that have been presented, both in the Good Counselors 2022 memo and the legion of sources that was cited here, which I do want to call out again, included the cop staffing study that the city paid for in 2022 that was done by an outside consultant that included a chief of police”, later adding “I firmly believe that we must have a civilian oversight body in order for this to be of any positive effect.”

Councilor Scott went on to clarify with Legislative Liaison Raddassi (representing the administration), that the city’s ongoing negotiations with the police unions will constrain what can or cannot be in the BWC policy. These are discussions that we — the public — have no transparency into, despite the clear impact it has on all of us.

Legislative Liaison Raddassi: “The collective bargaining agreement will set the limits of what can be included in a surveillance use policy. …Those conversations have been happening in executive session with this council around some of the policy considerations that councillors have raised. And so again, this STIR is based on the current body-worn camera policy because it’s basically the only thing we can debate about in public at the moment.”

Councilor Scott: “I think I heard, I just want to make sure I repeat accurately what you said, that the outcome of collective bargaining will serve as a top-end constraint over what could be pursued in terms of access and policies in that use policy.”

Legislative Liaison Raddassi: “Correct.”

Councilor Scott: “Okay. Well, from my standpoint, that’s just entirely backwards of where we should be doing this as a city. The city council has a very specific role in this process. … I am inclined not to support this in its current stance. I would encourage the city to go back and rethink their approach to this.”

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Asset forfeitures Mission News Police body-worn cameras Qualified immunity

MA House Applies Crusher To Senate’s Police Reforms

Yesterday, the Massachusetts House launched their own version of a police “reform” bill (https://malegislature.gov/Bills/191/H4860).

TL;DR:
The House bill is, overall, far weaker than the Senate bill. We have till 1pm tomorrow to persuade House members to submit amendments. We want to see the Senate language on qualified immunityschool resource officerspolice stops, and military equipment approvals, in the House bill. We like the House’s face surveillance language better than the Senate’s. We don’t want, or need, yet more blue-ribbon commissions to consider at length What, If Anything, To Do. It’s quite clear what the problem is:

The police spy on, shoot and hurt people without probable cause, often for racist reasons. People who do that shouldn’t be police, and people it gets done to, should get to sue the people who did it to them.

There’s not much time. You can find your House Rep’s phone number at https://malegislature.gov/Search/FindMyLegislator. Please call this morning!

Here’s a quick summary of the key differences:

COMPARISON OF REFORM BILLSS2800H4860
Police rape of residents outlawed?YesYes
Qualified immunity limited?YesNo
School info sharing with “gang” database limited?YesYes
Government use of face surveillance banned?Temporary, plus RMVPermanent, minus RMV
Local discretion on whether to have police in schools?YesNo
Local elected official approval process for military equipment acquisition by police?YesNo
Chokeholds outlawed if intent or result of unconsciousness or death?YesYes
No-knock warrants limited?YesYes
Data collection on police traffic and pedestrian stops to prevent profiling?YesNo

In other words, the House bill has stronger provisions on face surveillance, but strips key language from the Senate version on qualified immunity, school resource officers, military equipment for police, and data collection on traffic stops. And as a last slap in the face to the Black community in Massachusetts, the House bill takes funds designated for securing racial equity in cannabis dispensary licenses, and redirected them to yet more police training.

At Digital Fourth, we would support a bill stronger than the Senate bill. Our optimal bill here would outlaw chokeholds, tear gas, other chemical irritants, the use of dogs at protests, and police rape; end qualified immunity, end information sharing of schools with the police and ICE, ban school resource officers, end the 1033 military equipment acquisition program, end no-knock warrants, end civil asset forfeitures, reverse the delays introduced by amendment in the Senate to the decertification process, and still collect data on all police stops.

The Senate bill at least represented progress, especially with the House provisions on face surveillance added. Therefore, we support all amendments adding the Senate language back in, excepting those relating to face surveillance. But the House bill – again, excepting the face surveillance provisions – is a betrayal of everyone genuinely concerned for equal justice, and deserves to wither in the fire.This is what happens now. 

You have till 1pm tomorrow to persuade your House member to submit or endorse amendments to the House bill. Then, House leadership will allow debate, likely on Tuesday or Wednesday, and vote on them and the bill. Then, the House and Senate will create a conference committee to try to agree common language. As you can see above, there are a lot of key differences. If the conference agrees on language, the bill goes back to both bodies for a vote, and then, if passed, it goes to the Governor’s desk. If the bill is not signed by the end of the session, which is currently scheduled for July 31, then the bill dies for this session, and would be reintroduced when the new session begins in January.

Good luck, and may the Fourth be with you!

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Asset forfeitures Mission Police body-worn cameras Qualified immunity

Police Flooding Phone Lines To Block Basic Police Reforms: Call Now!

On Bastille Day, at 4:20am, the Massachusetts Senate passed a 70-page police reform bill. Two weeks remain for the House to consider it, and for the governor to sign it, in the midst of an acute public health and economic crisis. Police organizations are burning up the phone lines to prevent the House from acting on it. Please call your House Rep today, to prevent the House from mincing its key provisions into oblivion.

In our view, the key provisions are:

  • Police rape of people in their custody will be outlawed.
  • Police will no longer be able to use qualified immunity as a defense in civil lawsuits, unless “no reasonable person” could have considered the behavior at issue to be unlawful. This will sharply increase the chance that a resident whose rights the police violate, can obtain damages.*
  • Police will no longer be able to use face surveillance. This moratorium extends through December 31, 2021.
  • Police will no longer be legally obliged to provide school resource officers. It will be up to the school superintendent whether they want to ask for an officer.
  • School information sharing with police “gang” units not connected to an immediate threat to life, will be barred.
  • Chokeholds that have the “intent or result” of causing “unconsciousness or death” are banned.
  • No-knock warrants will now only be issued if a judge attests that there is probable cause of an imminent danger to life.
  • Elected officials will be able to review and approve or disapprove of police military equipment acquisitions, after public hearings.

S2800 also has some important flaws and limitations:

  • It does nothing to reform the fusion centers, which spy on Massachusetts residents uninvolved in actual crimes.
  • It does nothing directly to assist people and communities wrecked by the banal daily evils of the carceral state, and was not constructed on the basis of deep, lengthy or substantive conversations with them.
  • It leaves in place our unjust civil asset forfeitures system, which steals millions annually in cash, cars and other property.
  • It’s weighed down with an array of futile language appointing commissions and funding retraining of police.
  • The language relating to face surveillance, tear gas, chokeholds and police decertification processes is weaker than we would like. We’re advocating separately relating to the face surveillance provisions.

However, based on long experience, we also believe that if any of the bill’s good provisions had come up before the Public Safety Committee during the regular committee process, they would have failed; and that there’s simply not enough time left in the two-year legislative session, which ends July 31, to start over with a broader and more consultative process.

We’re not waiting another two years. Taken together, this bill represents substantial progress towards our goal of restoring the Fourth Amendment in Massachusetts. Please call today!

*If found liable, the individual officer would still be indemnified against personal loss, except for portions of a judgment exceeding $1 million, for actions committed outside the scope of their official duties, and for actions that are “wilful, wanton or malicious” (MGL ch. 258 s. 9A). In practice, this means that public budgets will still bear 99.98% of the cost burden for police misconduct.