Breaking News
BAY STATE TO BECOME BATTLEGROUND OVER IMMIGRATION
State Leaders Vow Resistance To Federal Immigration Enforcement
Jim Jordan, a former director of strategic planning for the Boston Police, recently wrote an article in Commonwealth Magazine in which he predicted that the Bay State will essentially become a battleground over Federal Immigration Enforcement, when the Trump administration takes office in January. He cited American Immigration Council statistics, which reveal that there are 355K undocumented persons in the Commonwealth, which is about 5% of the total population. 100K citizens in the state have at least one member living with them, who is undocumented.
Jordan noted that several Trump appointees have served notice on the Bay State over its’ continued support of sanctuary cities. Among these are Elon Musk and former Border Patrol Director Tom Homan. In response many prominent Massachusetts officials have vowed their resolve not to cooperate with Trump’s massive federal plan to deport up to one million undocumented persons a year. Governor Healey will order the State Police not to cooperate. Boston Mayor Wu has vowed her resistance to the program and Salem Police chief Lucas Miller said his department will not cooperate,
Jordan writes that police departments, who join the federal immigration enforcement effort will compromise their commitment to public safety creating a “crisis of legitimacy” for themselves. He condemned the view that the undocumented are criminals noting that immigration violations are civil infractions. He said that only those who re-enter after deportation commit criminal offenses.
He predicted that Trump’s massive deportation effort will be forced to employ military personnel creating the prospect of hundreds of thousands of armed and untrained soldiers engaging in early morning raids, supported by a system of detention camps and a transportation infrastructure which he said would shock the American public. Jordan was emphatic that the vast majority of undocumented people do not commit state felonies and do not pose a threat. Further he alleges that this deportation program will not impact crime but only divert needed resources away from it.
The impacts of this massive effort, according to Jordan will result in less people using 911, an increase in crime against the undocumented, an increase in the victimization of women by domestic violence and less people seeking help from state social services, all resulting in more lives being put at risk.
MAPLE STATEMENT ON SANCTUARY CITIES
(Issued March 6, 2017)
The Massachusetts Association For Professional Law Enforcement acknowledges, that the issue of immigration is a critical foreign and domestic issue, bearing directly upon the ability to maintain order and security in American communities. Experience has shown that the vast majority of undocumented immigrants entering this country are often escaping conditions of extreme poverty, violence and social chaos. Some of these individuals seek to exploit our system, engaging in both criminal and terrorist activities. Immigration enforcement is a matter in which local law enforcement agencies should have wide discretion, however, we feel compelled to emphasize, that the police profession’s first responsibility is to protect the innocent from criminal exploitation and attack. Upholding the law is integral to that responsibility. Therefore, we do not support any local policy, that intentionally seeks to interfere with or obstruct the ability of any federal, state or local law enforcement agency to identify and remove from the American populace, individuals, who by their backgrounds or actions, pose a threat to the safety and security of our citizens or other law-abiding persons.
Post Commission Update
POST COMMISSION DIVIDES OVER ALLEGATION STANDARD
“Credible” Not “Substantiated” Allegations Are Subject To Review For Recertification
The Massachusetts POST Commission rendered a divided ruling Thursday morning with regard to the types of allegations that can be considered in determining an officer’s suitability for maintaining certification. In an issue where slight differences in words could have significant differences in outcomes, the commission ruled, in a close 5 to 4 vote, that “credible allegations” would be the standard utilized during officer certification/recertification hearings, rejecting a higher standard of “substantiated” allegations. MAPLE supported the higher standard.
The Commission members engaged in extended debate over this issue with commissioner Kazarosian urging the commission to adopt “credible allegation” as the standard. She supported her position by arguing that many people are intimidated by the complaint process involving allegations against police. The “credible” standard would facilitate their willingness to share concerns.
Kazarosian was quickly challenged by Commissioner Calderone, who said that since an officer’s reputation and livelihood are at stake, a higher standard was imperative. He was joined by Commissioners, Baker, Crispin and Tally. Commissioner Crispin urged the commission not to think in the past. He stated that every department now requires complaints to be investigated and findings to be rendered. MAPLE forwarded comments via the chat feature, reminding the commission that procedural justice required the “substantiated standard”. Commissioner Bluestone attempted to broker a compromise stating, that she would be willing to add the words verifiable, sustainable or even supportable to describe the allegations. No action was taken on her suggestion.
At the prompting of POST staff, Chair Margaret Hinckle pushed to ascertain whether the Commissioners were willing to render a decision on the matter. In an 8 to 1 vote the commission indicated their willingness to go forward. Commissioner Calderone then offered an either or motion to poll the commission members as to their preference for the “credible” or the “substantiated” standard. Hinckle accepted the recommendation. Those voting tor “credible” were Bluestone, Kazarosian, Hall, and Luna. Those voting for “substantiated” were Calderone, Baker, Crispin and Tally. Chairwoman Margaret Hinckle broke the tie and voted for “credible”.
How this policy direction will be interpreted in future certification/recertification hearings remains to be seen. However, when the standard was originally proposed, no qualifier was applied at all. All allegations against officers were open for review. Under this ruling non- credible allegations will not be considered in any deliberation regarding officer certification. What non-credible allegations actually are remains undefined.
OFFICER RECERTIFICATION PROCESS IS STREAMLINED
Requirement For Positive Attestations For Recertifications Is Dropped
In its second decision on Thursday morning, the POST commission voted 8 -1 to drop requirements for positive attestations to support officer recertification. The commission deliberated the question as to whether Chiefs of Police should be required to provide positive attestations to POST to support each of their officers during recertification. Commissioner Baker was quick to point out the administrative burden that this would impose. His comments fell on sympathetic ears. There was some discussion about making such filings optional. Ultimately, the consensus of the Commission was to minimize the administrative burden on police agencies by adopting the presumption that unless otherwise challenged, all officers, who are up for recertification are assumed suitable for the position.
Executive Director Enrique Zuniga also reported that the POST commission will begin posting officer commendations, as well as disciplinary findings on the POST website, in an effort to provide the fairest picture of an officer’s performance as possible.
POST MULLS ADOPTION OF PHYSICAL AND BEHAVIORAL HEALTH STANDARDS
Staff Surveys Fitness and Psych Screening Across the Nation
POST staff member Annie Lee presented both a state and national overview of current practices related to physical and psychological standards for police officers. She began by advising the Commission that setting physical and psychological standards for police recertification was a POST responsibility, adding that since the formation of POST three years ago, the commission has relied upon the initial testing and screening of officers to meet this requirement. Accepting these initial evaluations was described as the “one and done” standard. Lee noted that the Commission must now look to a more extended and sustained process for evaluating officers, who are in-service.
She pointed to a 1987 state law that gave the state’s civil service commission, the authority to administer a physical agility test to determine physical fitness eligibility to remain in service. The test consisted of an obstacle course, a grappling exercise and dummy drag. She noted however that because of agency push-back across the state, the testing has never been enforced.
With regard to officer wellness, Lee briefed the Commission on the standards established in POST’s enabling legislation, which requires a two hour class on suicide prevention along with instruction on coping skills and PTSD recognition.
An overview of state standards was offered. New Hampshire requires the successful completion of a 1.5M run (Cooper Standard) with pushups and situations. Texas requires a “combat fitness test” involving five movements in timed exercise. Connecticut, Missouri and Nevada all require that officers submit to interviews with mental health specialists at the time of their recertification. Nevada has implemented a physical fitness test based on an extensive job task analysis, which involves a barrier climb, a dummy drag and a timed run up a stairwell.
Discussion opened on the matter and Commissioner Baker immediately asked: “ who will pay for this ?” He said that it is one thing to mandate something but provisions to financially support mandates must also be forthcoming or policies will be unsustainable.
MAPLE contributed to this discussion through the chat box reminding the commission that New Hampshire has a 20 year retirement, Massachusetts does not. This would be a factor in establishing standards because of the advanced age of most Massachusetts officers in comparison to New Hampshire. Additionally, it was noted that any psychological evaluation of officers must be done by mental health professionals, who are experienced in evaluating the mental health of police officers, not simply the general public.
Reminder:
MAPLE FALL GENERAL MEMBERSHIP MEETING
December 12, 2024, Martin Institute, Stonehill College: Lunch Is Free, Guests Welcomed
The Massachusetts Association for Professional Law Enforcement will conduct its fall general membership meeting on Thursday December 12, 2024 at the Martin Institute at Stonehill College. This year’s guests will be Enrique Zuniga, the Executive Director of the POST Commission and staff. Frank Frederickson Fraternal Order of Police and Debra Piehl form member of Commissioner Bratton’s staff at the NYPD.
The program is reception at 11A, lunch at 12PM (no charge) and business meeting at 1.00PM. If you plan to attend please RSVP at 978-846-2635. Guests are invited, please advise if you intend to bring one.
MAPLE 