Systemic Racism A Health, Public Safety Emergency In Somerville

SOMERVILLE, MA – The city of Somerville officially declared systemic racism a public safety and health emergency Wednesday. Mayor Joseph Curtatone announced a 10-step plan, developed by Campaign Zero, Congresswoman Ayanna Pressley and other elected officials of color, to provide "just, unbiased and compassionate policing."

"No one should fear for their lives because of the color of their skin," Curtatone said in a statement. "No one should have to grieve the loss of a loved one, friend, or stranger who died because they were black. No one should have to fear those who are sworn to protect and serve. We have long been striving to develop and uphold the highest standards of fair, safe, just, and compassionate community policing in Somerville. These initiatives are neither the beginning nor the end of this vital effort. They are an intensification, one that every city, town, and state––as well as our nation––must commit to."

The plan calls for:

1. Declaration of a local state of emergency officially deeming systemic racism a threat to public health and safety.
2. Establishment of an independent, civilian oversight structure of the Somerville Police Department with membership representative of the community’s diversity.
3. Launch of immediate efforts to eliminate the inherent conflicts of interest arising from police officers internally investigating allegations of misconduct by fellow officers: City has filed a petition to remove the internal investigation oversight position from Somerville Police Superior Officers Association (one of two police unions).
4. A call for the creation of an independent special prosecutor at the state level to review and where appropriate to prosecute cases of potentially criminal police misconduct rather than leaving this authority with county district attorneys.
5. Submission of a resolution to the City Council reiterating the critical need to implement body-worn cameras in the Police Department, an initiative the City has been pursuing with police union leadership since 2015.
6. Instituting asset forfeiture funding policies that limit the use of these monies to two purposes. The first is to provide prevention and substance use recovery, mental and behavioral health, and other services and resources -- primarily through the City’s Community Outreach, Health and Recovery (COHR) Office -- to support residents and divert them from the criminal justice system.
7. The second is to provide implicit bias, de-escalation, crisis intervention, health and mental wellness, and other similar training for Somerville police officers.
8. A call for statewide action to address the gaping deficiencies of the Civil Service system combined with local civilian review of whether the Somerville Police Department (SPD) should pursue legislative action to depart from the Civil Service system in order to ease the City’s ability to hire and promote officers who reflect the community’s values and diversity and who have the skills necessary for policing in the 21st century.
9. A commitment to further demilitarization and an end to Somerville’s participation in federal military weaponry distribution to local police departments, which the Somerville Police Department already significantly curtailed in recent years.
10. A commitment to diligently and persistently pursue further reforms.

Police Chief David Fallon said the department has been "systematically transforming" how it approaches policing. While the focus before was on arrests, the department now emphasizes compassion, deescalation and crisis intervention.

"I'm proud that our officers are committed to continually evolving how we protect the health and welfare of our community. But we have more work to do," Fallon said in a statement. "These steps will help us continue on that path so that we can not only fairly and safely protect and serve but so that we can also continue to strive to earn and maintain community trust daily in our every action."

Civilian Oversight Structure

The mayor's office will include funding in its proposed fiscal year 2021 budget to hire an independent facilitator to help establish and lead a task force charged with developing actionable recommendations for the purview, composition and implementation of a civilian oversight and advisory structure for the SPD.

Responsibilities of the civilian oversight committee may include but are not limited to evaluating and recommending changes to the department's use of force policies; investigating alleged officer misconduct; evaluating the hiring, promotion, internal investigation, and discipline policies of the Department; and recommending changes necessary to the associated regulatory, legal, and policy structures.

In addition, the civilian oversight committee will be asked to provide recommendations on whether the SPD should remain in the state Civil Service system, which interferes with the City’s ability to hire and promote diverse, well-rounded candidates who would contribute community-minded skills and aptitudes to the Somerville Police Department that aren't measured by a "paper and pencil test."

The funding, subject to City Council approval, would be available in July. In order for work to begin as soon as possible, the city will issue a Request for Qualifications (RFQ) for an independent facilitator in June; both individuals and organizations are invited to submit their qualifications. Once selected, the facilitator will be responsible for constituting a task force that is representative of the community and developing a timeline that allows for meaningful deliberation while also avoiding unnecessary delays.

Resolution in Support of Body Cameras

At the City Council's next meeting on Thursday, June 11, Curtatone will submit a resolution reiterating the critical need for officers to wear and use body cameras and reaffirm the city's commitment to push for body cameras with local police unions. The mayor will seek City Council and School Committee support of the resolution.

Changes in How Police Misconduct Cases are Handled

Curtatone is calling on the state to appoint an independent special prosecutor to investigate and, if necessary, prosecute potentially criminal cases of misconduct by officers. Currently, Massachusetts District Attorneys serve this function despite their close working relationship with local police in the investigation of crimes and the delivery of testimony. Curtatone applauded state and federal lawmakers and elected officials of color for taking the lead on advocacy efforts at the state level and are committed to supporting that work to achieve this critical change.

The city has also filed a petition at the Massachusetts Department of Labor Relations (DLR) to remove the SPD's internal investigation oversight lieutenant position from the Somerville Police Superior Officers Association so that investigations into allegations of police misconduct can be conducted by an someone with no potential conflict of interest due to their membership in the police union. The city is subject to the DLR's process and disposition of its petition before it can effect this change.

Asset Forfeiture Policy Changes

One outcome of the Community-Police Dialogue earlier this year was a call for changes to the City’s policies on asset forfeiture funds. Asset forfeiture is when assets - often money and other property - allegedly gained by criminal activity are confiscated by the government. The stated purpose of asset forfeiture is to disrupt criminal activity by confiscating assets that potentially could have been beneficial to the individual or organization.

As a result of the dialogue, the city raised concerns with the Middlesex District Attorney’s Office (MDAO) regarding the fact that some funds are derived from cases where the owner of the seized property was ultimately not convicted. After these inquiries, not only did Somerville end its own policy of accepting funds derived from state-level asset forfeitures in cases without convictions, the MDAO independently changed their own policy, so no police department in Middlesex County will receive such funding.

The Somerville Police Department also participates in the Department of Justice Equitable Sharing Program, the federal asset forfeiture program, which in Somerville has primarily involved forfeitures from cartel-level drug enforcement actions vital to protecting the safety and health of our community and combating the opioid epidemic. Currently, the city uses these funds for various police expenses ranging from vehicles and equipment to overtime and training. As of July 1, 2020, the start of the city's fiscal year, these funds will be solely used to 1) to provide substance use prevention and recovery, mental and behavioral health, and other services and resources designed to support residents and divert them from the criminal justice system, primarily through the city's Community Outreach, Health and Recovery (COHR) Office; and 2) deescalation, crisis intervention, health and mental wellness, implicit bias, and other similar training for officers and associated expenses.

Continued Demilitarization of the SPD

After scaling back their participation in a Department of Defense program that provides military weaponry to local police departments, the SPD will formally withdraw from the program.

Commitment to Further Reforms

"We've undertaken numerous reforms, actions, and initiatives over the years to provide our community with values-based policing that is compassionate and just, but now is not the time to run through that list. It’s time for sustained and responsive action," Curtatone said. "We are listening. We are learning. We too are grieving. And we are committed to continuing this work. The fact that something is missing on today’s list of new steps doesn’t mean we aren’t looking at it. We’re looking at everything. There is more to come."