2023-10-17 00:00:00 - Joint Committee on Public Service

2023-10-17 00:00:00 - Joint Committee on Public Service

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REP LINSKY- HB 2585 - Sure. Grab the microphone over here. Thank you, mister chair, and members of the committee. I filed a bill that is before the committee for a hearing today. House Bill 2585, Enact relative to public safety employee death benefits. Under, present law, When a police officer or a firefighter is killed in the line of duty, there's a Death benefit is paid to them, and it's absolutely imperative, and it's an important piece of legislation. This would add to that same statute, Public Works employees. Then I filed this bill first, in 2014, we're following an incident in Natick in 2014 when a public works employee, an employee of Natick was killed when he was performing an emergency repair in the rule of the night on a cold winter night. We realized at that time that there was no, death benefit automatically in this type of situation, which is an oversight of the legislature, quite frankly, and there should145 be. Because public works employees Please do a dangerous job. They serve the public, and they deserve the same amount of respect and thanks from their Communities, as do police and firefighters, quite frankly. So, I'm asking that 2585 be reported out favorably. It's something that unfortunately happens, every couple of Years in the commonwealth. There was one in Lexington a few years ago. There have obviously been, tragic181 incidents like this. So, I'd ask consideration that this be reported out favorably. Again, post bill 2585.
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REP HADDAD - HB 2543 - Good morning, gentlemen. Thank you so much for taking215 me out of order. The bill I'm here to testify on today is 2543. It's about, people who227 have gone out on disability And then return to public service. It's really kind of unique, and it only applies to a very, few, people. The bill was, written by the PAIR Act so that, it conforms with everything that they need. But let me give you it I think it's easier if I give you an example rather than, go through the things in the bill. So say you have a police officer who is, who is hurt on duty, and they're no longer able to be a police officer. Nope. Sorry about that. I have my office phone going on. So say they're no longer able to be a police officer, so they go back to school. They become an attorney. Through the course of their, being283 an attorney, they get appointed as285 judges. When287 they Return to the state system. They are not able to pay into, Retirement. So what299 happens is they have to stay301 on their disability, and they have to return money at the end of the year.



So what this bill would do would allow the disability to, be stopped And the person to pay into,316 retirement once again. So, as I said, it's a very unique situation. It only happens with a few people, and It's, kind of out of date because now people are doing many more things when they when they are physically disabled, their minds are fine, and they continue to work, and they can continue to do public service if that is what, you know, they want to346 do with their lives. So I'm asking, your committee to take a good look at it. Again, very few people. It's very unique. Parak helped me write it, and, you know, I would so appreciate having your support because, for those people that it does affect, it affects them very deeply, and it hurts them, in their retirement because when you retire And you have you're getting a very small pension because you retire you we you are full not retire. When you own your disability and your pension is very small, but you continue to work and you want to work, you're prohibited. From getting back into the system. They get back into the system, by the way, at a higher rate, not at the lower rate they were paying, prior to being401 disabled. So if you have any questions, I'm happy to, talk about it, and, that's it.
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REP GIANNINO - HB 2535 - HB 2536 Thank you so much, senator, mister chairman, and the members of this honorable committee. I'm here for you this evening or this morning to testify on 2 of my bills, relative to public service. The first is House Bill 2535, which is an act relative to the accrued leave while deter while awaiting the determination for a 111 off. Basically, what this means Is, that there are instances in different cities and towns where if an456 officer or a firefighter is injured, on duty, sometimes there's a period460 of time before their Disability is approved. This bill would ensure that municipalities are following that. That time is not personal time. They shouldn't have to take vacation time or sick time. This is time that, should be lawfully reimbursed to them, and this basically would codify475 existing law. The second bill I'm here to talk to you about today is HB 2536.

You're going to hear stories today That are far more important than my testimony. This is an act relative to disability pensions for violent crimes. I'm here to talk to you about personal stories that happened in my district. We have, revere police officers who were severely, severely injured responding to crimes. The essence of this bill is that when a police officer is so severely injured, these are officers that are shot, stabbed, or hit by a motor vehicle, Not not a slip and fall, not something minor. This is a very small percentage of incredibly serious injuries. Their families shouldn't have to fight for their pensions. Their524 families shouldn't have to wait to see if it's approved or get a percent less because528 they were on the job for 10 years or 30 years. You know, as the daughter of a police officer, my dad was on for 33 years. That's your biggest fear, to get a call that something happened. and public service is a family. So when something does happen, The entire police department rallies behind an officer. The entire fire department rallies behind a firefighter and makes sure that they're there to support the family.



This Bill makes sure that we're supporting the families as well. I know there are multiple bills before the committee today. There are Senate versions. There are house versions. I think we know that there are many different police organizations where the firefighters have one really strong 1. It's my hope that the issue is resolved. Whether it's my bill, whether it's a different Bill, I don't care about the number. I care about the problem. I think that this bill is a really great opportunity to address a really, really serious and make sure that you know, you're going to hear testimony from an officer who said584 it would have been easier for their family if they did not survive the incident. No family of a law enforcement officer should ever feel like that no officer should ever feel that burden for their wife, their children, their partner, or their spouse. So, it's my hope that these are reported favorably. Again, the language is, up for discussion whether it's my bill or another. I appreciate your time. I appreciate your consideration, and I really look forward to hearing some of the stories that we're going to hear today. Thank you.
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REP HAMILTON - HB 4122 - HB 2548 - HB 2547 - Thank you, chair Gordon651 and Chair Brady, for taking me out of turn. I'm here to testify on my bill, HB 4122, an act authorizing the mayor of the city of Methuen to appoint police cadets to the Methuen Police Department, this cadet program will give two people in our community the chance to kick start their career in public service And in law enforcement. It specifically focuses on neighborhoods currently underrepresented in our police force. You know, For those of you who don't remember, it was a long time ago. The city of Methuen back in 2018 had, some pretty bad press about its police Department, our chief of police at the time was, I believe, the third highest paid in the country behind LA and Chicago's police commissioners.

We had a police contract that would have paid our police captains $500,000. Since then, we have settled the contract dispute. We have hired a new Police chief and, the Methuen Police Department is now an accredited police department and really moving in the right direction and has regained the trust of, the set the citizens and the residents of the city of Methuen. So this home rule petition along with HB 2548 and HB 2547 that were already heard, a couple of months ago by this committee will really give our police chief and, the city the resources and the ability, to continue moving forward and, continue doing a great job, representing and protecting, this residence of Methuen. With that, if you have any questions, I'm happy to answer them, and I would appreciate this being ruled out favorably when the time is. Thank you very much.
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FRANK FREDERICKSON - MASS FOP - HB 2516 - HB 2356 - HB 2567 - SB 1680 -HB 2516 - Good morning, Chair Brady, and Chair Gordon, In the Committee on Public Service, I'm Frank Frederiksen,791 director of governmental affairs for Massachusetts Fraternal Order of Police and also a retired I'm here with this panel to testify in support of bills HB 2516, HB 2356, HB 2567, SB 1680, and SB 2516. These bills are all titled and act relative to disabilities for violent crimes. My brothers beside me will testify to find the specifics and reasons for the bills. I want to be clear that these bills are very important to the 40,000 men and women in Massachusetts who use policing, corrections, fire, and EMS. They were equally important to their families. We have all been working together to838 do what we can to pass a violent injury pension bill. I'm honored to speak on behalf of the following organizations who are here today to show support for these bills. Boston Police Detectives Benevolent Society, the Boston Police Submarriers, Boston Police Patrolman's Association, Brotherhood For The Fallen, Concerns For Police Survivors, Massachusetts Association of Minority Law Enforcement Officers, Massachusetts Association of Women in Law Enforcement, Massachusetts Chiefs of Police Association.

The Massachusetts Coalition of Police, the Massachusetts Fraternal Order of Police, and the Massachusetts Police881 Association. They won the New England Police Benevolent Association, the Professional Firefighters of Massachusetts, the International Brotherhood of Police Officers, the State Police Association of Massachusetts, and the Violent Injured Police Officers Organization. We rely on our legislature to process their process as the only option to provide this common sense benefit to the men's and women's public safety. The only reason they are eligible is because they were violently and feloniously attacked and then disabled while doing the job of protecting us all. They deserve 100% for what was taken from them in the performance of their duties. We collectively and respectfully request that you support and commit to moving this move forward out of the committee. Additionally, we pledge all our assets to assist in a quick passage. Thank you for taking the time to listen to me and our testimony.



STEVE BANERJEE ATAKUS - NEW ENGLAND POLICE BENEVOLENT ASSOCIATION - Thank you, sir. Good morning, chair Brady, chair Gordon, and members of the Public Service Committee. I'm Steve Panagiotakis, a former member of both the House and the Senate and now legislative agent for the New England Police Benevolent Association. Today, I'm948 speaking in solidarity with all our950 public safety personnel and with952 the organizations that we just introduced. Additionally, there are injured officers in the hearing room with us today. There legislators on both sides of the aisle filed these Bills. We thank Senator Friedman, Senator Taher, Rep Fernandez, rep Giannino, and Rep Kearney for filing these bills in support and public safety members who have been violently injured in the line of duty. The premises of these bills are very straightforward. They narrowly define what a violent injury is to police officers, correction officers, and fire and EMS Personnel. A fire violent injury is when a person is intentionally shot, stabbed, blown up, beaten, violently assaulted, or run over in the course of their duty. It is not an accidental injury or even PTSD. The other component of the bill is that the injury disables the person to the point that they can no longer perform1010 their duties.



Once a determination indicates that there was a violent injury as defined in the statute, the injured person would be eligible for a 100% Retirement till the age of 65. This law will relieve the personal and family stress of the injured officer, and remove bias and other Personal factors that may be a barrier. It does not burden the legislature with special legislation. There's no cost difference from special legislation. It's a straightforward way for our legislators to show that they recognize the real risk of violent injury our men and women on the front lives of public safety face, and injured officers1052 can count on this for their financial security. A 100% retirement might sound great, but an injured person loses more than their job. They must continuously live with pain, psychological trauma, isolation, physical limitations, and financial insecurity. Research estimates that over the past 75 years in Massachusetts, there may have been 120 public safety members who qualify for this type of retirement. Since the bill was close to passing last session, we hope to intensely work with the legislature to get a bill voted into law by the end of the year. We are cognizant that the language of this bill might need some refining. To that end, we stand committed to collectively Working with the committee to help get this important piece of legislation in its best form and over the finish line. We thank you for the opportunity to testify and look forward to working with you in the future. We also thank you for your consideration and deliberation. Thank you.
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MARIO OLIVERIA - VIOLENTY INJURED POLICE OFFICERS ORGANIZATION - SB 1680 - Good morning, chair Brady and Chair Gordon, Gordon, and honorable members of the public service committee. My name is Mario Walavira. I am the president and co-founder of the Violently Injured Police Officers Organization. As many of you know, I'm a retired police detective from the city of Summerville. I gave my city 17 years of dedicated service. I come before you today asking for your support, ruling favorably on essential five Bills that have been filed by Various lawmakers, and I wanna personally thank each and every one of them for authoring those bills and for submitting them. On November 2, 2010, I was shot 6 times at point point crunch. I suffered these injuries to my chest and stomach. The shooting event stemmed from a federal search warrant that I was serving as a task force officer with the ATF. The suspect in this case was a 21-year-old male from Somerville who was trafficking firearms from New Hampshire down to Greater Boston selling them to gang members for profit. I fought hard to stay alive that night. I used to get it all to my family.



My son was only 3. I didn't want to die that night. I got to get home to my family. Massachusetts General Hospital surgeon Doctor David King saved my life that1218 night. According to Doctor King, I died three times while I was in the hospital. In one of my cardiac episodes, Doctor King utilized a military maneuver where he cut a hold of my diaphragm reached in with his own hand, and massaged my heart back to life. I'm forever grateful. Also, I'd be remiss if I didn't mention the heroic efforts of my colleagues Out on the street that night, who played an integral part in saving my life and getting me to the hospital quickly. I would later return 5 works 5 months after being injured out onto the street. I lasted all of about 8 months and had something like a heart attack. Doctors attributed those injuries to my original injuries from my shooting. I met then with my then chief, Tom Pasquarello, and my then mayor, Joe Curritone, to discuss the possibility of a home rule petition to receive a 100% disability retirement. Unfortunately, for reasons I'll never know, mayor Curtizone would not commit to Supporting a home rule petition. Even though I provided the city with an abundance of medical documentation, proving that I was permanently injured and disabled1294 from performing the duties expected of a police1296 officer.

I sat home for two and a half years wondering and worrying why and if the mayor would ever call In support of my home rule petition. I had daily panic attacks. I worried about how I was going to provide for my family and my young and my two young kids. I had a 3-year-old and I found out the day I got home from the hospital that my wife was pregnant. I had another baby on the way. You can just imagine what was going through my head at It's time. I fell into a deep depression. I isolated myself in my room for months. I barely ate. I missed family functions and special events. My weight dropped to an all-time low of £135. I had suicidal thoughts. I knew that had I died that night, my family would have been financially taken care of Because I survived, I was being financially punished. I felt as if I was a burden. I became a burden to my family.

My wife had to work extra hours at her employment just to help us meet our monthly financial obligations. The sad fact is I was worth more dead than I was alive, and nobody should ever be made to feel that way. Apologize for that. Prior to the shooting and aftermath, I had no idea about anxiety or anxiety attacks. The waiting and the wondering for my mayor to make a decision caused me so much emotional pain that I felt it was worse than taking 6 bullets at Point Blank Ranch. I can speak on behalf of many law enforcement officers in our state who have suffered similar catastrophic injuries and worrying about their financial future becomes their number one concern. This is why I co-founded the FIPO organization. The original 100% legislation idea Came from the late Senator Ken Donnelly. God rest his soul. Senator Donnelly is the one who came to my house and assisted me in filing for my special legislation, and he saw it through to the very end. I'll never forget that man.

He is a was a good, great human1428 being. May God rest his soul. Our vision was to streamline the 100% disability retirement process So that no police officer ever has to endure what I endured. I believe that having a fair process for the 100% disability pension removes local politics from interfering as it did in my case. Furthermore, our current statute states that if a police officer is injured in the line of duty. They're typically retired with 72%, accidental disability. Well, I'd like to ask all of you, How was it an accident when a police officer is shot stabbed, or run over at the hands of a violent criminal? The short answer is it's not an accident. Our legislation would remedy that.

In closing, on September 27th, just a few weeks ago, Governor Mara Healy spoke at an event just outside this building Honoring our fallen brothers and sisters in blue, Governor Healy said in part that she and her administration remain steadfast supporters of the law enforcement, and she professed her support to the police and their families, and I believe her. Governor Haley said, and I quote My lieutenant governor and I are all in, quote, unquote, in supporting the men and women in law enforcement. It is my sincere hope that the governor and the legislature, whom she represents, take this opportunity to prove to the citizens of the Commonwealth.That she means what she says, and she says what she means. I ask that you rule favorably on Senate Bill 1680. With your colleagues here at the state house, move swiftly to get this bill passed and enacted into law. Thank you for your time and your consideration.

SEN BRADY - MINORITY CHAIR - Thank you, sir, for your testimony. I'm, you know, grateful that you're still with us, especially with your family, and and, we do miss, Senator Ken Donnelly greatly as well. He was a great friend and colleague, and he stood fast on, supporting our public safety personnel. I know we, as a legislature, wanna do everything we can to support people in the line of duty, especially the police officers, who put their lives on the line every day to talk about the lives of our citizens and protect our commonwealth. So
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GORDON - Thank you. Marcy, you know, I've already heard from our friend, former Bedford chief Bobby Buongiorno in support of this bill, and he continues to work hard for it, you and I have spoken in the past. This committee has referred this bill out favorably in the past and will continue. To refine the language, to get it to you know, to work, to get it over the finish line because as you said, I mean, I'm just impressed the way that you fight for By telling your story, you're fighting for the cause of so many other police officers who have found themselves in this situation. It's just, Steve, you mentioned that there were, officers who have been injured who are here. Are they planning to testify? And if because if not
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GORDON - Well, before that, because I was gonna get at was, if you're not, can you just Stand up so that we can recognize your service and your sacrifice, because I see you over there, and I appreciate that. Thank you. Thank you for your service. Thank you. So thank you. So, yeah, if you had anyone else testify on your panel, they'd be welcome to. Really, I was getting to that point. I wanted to be able to recognize that Want to say a
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WILLIAM MCCASKILL - Good morning. My name is Officer William McCaskill, rearviewer police, retired. November 2, 2020, I was, working a shift on Broadway when the call went out for a robbery in Progress on Broadway. So, it was kind of, vague if there were any cars leaving the area or if he was on foot. So I just stayed where I was on1696 Broadway. Finally, this person did get in the car, and they put it up and, it happened to drive by me. So I followed this cock, came at Chase, and I ended up in Lynn in Lynn, PE. Again, I was revered. I didn't know where I was in the streets. I started naming the streets off to give them some direction. We pulled down Wood Street, and, it's a dead end. I'm thinking to myself, okay. It's a foot pursuit. We'll end this now. That's not what, the suspect had in mind. He pulled into a driveway, and I pulled in behind1739 him thinking that I blocked his, exit.1743 So I got out of my car, and I1745 was ordering him to, shut the car off at gunpoint. Shut the car off. He wouldn't do that. Kept moving the car in the driveway. What I didn't realize was that he was doing a 3 turn in that driveway. So I couldn't turn my back on him, so I kept up. Lin Karp, who was doing a detail showed up for backup.



He was at the door and I was at the front. At that point, I was already, determined that I was going to go hands-on with this person and, De de-escalate the use of force. But officer, I'll name him. His name is Trent, Lynn PD. He stayed at that door. What's going on? This particular person. I told him what I wanted to Do. I told him to open the car door and the window was down on his BMW. He opened the door and I took out my pepper spray and I pepper sprayed him. He accelerated the car and grabbed me by my shoulder, my right arm. I was locked in the car and was dragging me down the street. He dragged me through a steel pole, and I screamed out in pain. I heard three shots. You dragged me through a car. Now I'm out on the street, and It come to an end.

The three shots I heard were stopping this person from trying to kill me. Officer Turgeon. Officer Tran saved my life.1861 He put 8 rounds in the car while I was at the door, and he didn't hit me. It was it was just incredible. So he must be my savior that day. I Fell off the car. I turned around to see if he was still a threat to me, and he was deceased. The blood was Gosh, an office face. That's the last I saw him. I was impressed1894 with the police officers who responded to me. There was no thin blue line. This was a blue wall, a wall of blue coming at me. That was from every organization around Lynn, they were coming, and I really appreciate that. I appreciate, Mario Olivero for advocating for us and and also state rep Giannino for helping us with this. That's my story.
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CHRIS TAYLOR - Good morning. My name is Chris Taylor. I was a police officer with Saugus Police Department, On August 8, 2019, several of our units responded to a house, for a report of a stolen U-Haul. U Haul had called and said this guy hadn't returned the U Haul in over a month and, wanted us to go try and resolve the situation. The officers who responded, it had taken a really long time, and there were a bunch of requests for an ambulance. There were a bunch of weird, Transmissions over the radio, so I radioed, the lieutenant and asked him if he wanted me to head over there. He said yes. As soon as I got there, he said, we're going in. I could hear the guy yelling, yelling that he would defend. This house and2009 that,2009 the government was teleporting people and Animals into his yard, just leave me alone. So we had to send him to the hospital because he was clearly psychologically impaired. When we made entry into the house, I was the first one to go through the door. I was just It's the best suited for it. I trained in martial arts my whole life, and I was with several older police officers and a 120-pound female officer. She is a great police officer. It's just I was the best candidate to go through the door. I, made entry and the fire department broke the door open. I smashed it with my shoulder because he was walking the, the door with His body.



When I smashed it open, he went with the door. So he's now behind the door. I entered and turned and as soon as I turned, I couldn't see what it was just metal. I could see metal It's coming down at my face, and, luckily, my body reacted, and my arm shot across and blocked it. After he grunted and hit me, Pulled out, and went to stab me again. I hadn't known at the time that I was stabbed. I just felt a huge thud. Luckily, I had my baton out already and Was faster than he was with the second strike and, hit him over the head. He fell back into the officers that were behind them because he was now in between me and them, and I wound up hitting him again, and my lieutenant yelled stop, stop hitting him. So I thought I was either unconscious or, he dropped the knife. Unfortunately, the lieutenant just didn't know that he Had a knife. He thought I went in and just walloped them over the head, which I would do. I couldn't see the knife anymore because it was behind his body, and one of the other officers had grabbed him. So I thought to myself, well, okay. They can Deal with wrestling this guy. Let me take a look at my arm was spraying all over the walls.



It was just a fountain, so I immediately grabbed it and looked up at the firefighters. They just had that look in their eyes, you know, that, Oh my god. Look, one of them just said, get him. The f is in the ambulance right now. I was like, oh, man. That's not good.2214 They Came over and grabbed me, brought me to the ambulance. While I was in there, I could hear over the radio, Send back up. Two more cops have been or three cops have been2231 stabbed. I was like, oh my god. You know? He didn't drop the knife. My, brothers are still in there getting stabbed. You know, I worry about, You know, the future. At the end of the story, they, or what happens. It's not really a story. It's what happened. They were able to get him under control. One of the firefighters with his Big fire gloves came in and grabbed the knife, while the officers were using their bodies to Sacrificing their bodies to hold it down. He was carving up my lieutenant's wrist. He had slashed one of the other officer's shoulders. He had to get 40 stitches. I had to get 20 stitches in my arm. You know, I worry about the future. I worry about putting her Through college. I don't own a house. I don't I don't see how I can Ford to get 1 on 72% of my pay. Thank you for your time.
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REP XIARHOS - HB 2516 - HB 2536 - HB 2567 - Thank you, Chair Brady and Chair Gordon, and to the rest of the committee, my colleagues, that was very powerful. It's personal to me. Before I came in here, I Prayed at the monument outside where I have friends that are on that wall, and it says in unity, there is strength. These three officers' names could have been on that wall, but they lived. So I'm here to testify, on these bills. I know we're in your hard time already, But it's important that we tell these stories. These are heroes. So I am in support of HB 2516, HB 2536, HB 2567, and the Senate bills as well. I ask that they be reported favorably out of this committee and eventually over the gold line with the government. Throughout my 40 years as a police officer, I experienced these issues, these high-risk incidents. The demands of policing that we put on men, women, and dogs to protect us.

There are 40,000 police officers, firefighters, and corrections officers serving and protecting strangers. They put themselves in harm's way every day, just like you've heard, to do the best they can to protect us, the people of the Commonwealth. It's for those reasons that we, as elected officials, really are given the honor to make laws . We need to make sure we have their backs. These bills give them what they need. They deserve 100% of their pay and all. So as a 40-year police officer who wore a gun and a badge and body armor with the American flag on my shoulder, Who lost an officer, Brad Erickson, who was run over and killed, who lost Sean Gannon, who was shot to death by a Massachusetts violent and Korean criminal, Who had officers lived through horrible incidents, and they are on disability. Those are my family. We are the blue. Through good and bad times, we stick together. I know you do too. So I ask you to support these bills and, do the right things for these men and women of the council. Thank you.
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AMANDA ROBERT - Thank you. Ladies and gentlemen, the senate and police officers present, I'm Doctor Amanda Roberts, daughter of the former chief justice, Sir Dennis Roberts, of Hong Kong and Brunei and treating psychologist for Detective Olivera. I specialize in the treatment of trauma and have close to 40 years of experience as a Harvard, Stanford, and Berkeley trained clinician and nationally and internationally recognized as a consultant and clinician my main points2592 today are Number 1. We send our men and women in the military to war and when they return broken and injured. We compensate and care for them. Why are we not doing the same for our police? 2, This bill will save lives by preventing suicides. 3, investing in the police will reduce the burden On the taxpayers and the financial strain of the retirement pension system. 4. Under this bill, Obtaining help will be routine reduce the stigma of obtaining mental health treatment And reduce the incidence of PTSD. 5. We ask these men and women to put their lives on the line. We must not turn our backs on them. That is morally repugnant. It's called the trail. 5. Spend the money now2655 on a bill that awards 100% pay to those who deserve it. Policing is a noble but dangerous Profession.



Police encounter mortal danger so that you and I can enjoy the benefits of the security that we take for granted on a daily basis. We should fully compensate these heroes and their families when terrible events occur. Furthermore, the laws on disability are currently structured in Massachusetts. Offices are deemed more valuable dead than alive And are punished for surviving. 156 officers die each year in the line of duty. 400 complete suicides can be traced to the lack of compensation and difficulty in accessing appropriate psychological treatment. Olivera is clear. He would have taken his life if he had not been awarded a 100% disability. I know there's concern among you regarding the financial impact, should this bill pass. Well, I say penny wise, pound foolish. If we do not invest in the police, Then we are weakening the very institutions on which this society is built. PTSD and its secondary, complications Have a corrosive ripple effect on all of us. Please, my fellow citizens, I appeal to each of you to exercise the better Angels of your nature can build a wise, compassionate society. Vote to pass this important bill And history will judge you well. We owe them at least this. I rest my case.

UNIDENTIFIED SPEAKER - HB 2514 - HB 2580 - HB 2589 -SB 2683 - SB 1652 - SB 1680 - SB 1718 - SB 1719 - I know that you have a lot of testimony to be heard today and a lot of testimony to be heard on some very important Bills that are critical for us to pass in this legislative session. I'm here on a number of bills, but I want to Offer testimony on just a couple of them and ask to be recorded in support of the others. Like those who have just spoken, before me, I am, I hear in support of acts relative to giving, disability pensions to public safety employees, who are the victims of violence. The bill that I hear in particular is Senate Bill 1736, which I have offered. But there are also other variations on this same that have been offered in other legislative vehicles. The point here is that it is morally incumbent on us to provide a 100% Disability pension to these folks who put themselves in harm's way every single day on our behalf. These bills do something that is fundamentally Fair. It ensures that when they are injured as a relative and active violence, they are in no worse position than they would have been if they've been able to remain on2848 duty. I know that you've heard a lot of testimony.



I know you're going to hear a lot more. I will leave it at that except to say that I pledge my efforts to work with them to be able to move this bill forward as quickly as possible. In addition to that and in a related matter. I'm also here in support of Senate number 1734, which would provide a flag, to those who were killed in the line of duty in the Commonwealth of Massachusetts. It's, again, something that is very basic but incredibly important to the families of those who lose someone, who puts themselves2880 to put themselves in harm's way on our behalf. Just very quickly, and I will supply the committee, with this list, but I also ask to be recorded in support of House 2514, House 2580, House 2589, That was 2683, Senate 1652, Senate 1680, Senate 1718, and Senate 17 19. Having said that, I'd be happy to answer any questions. I do appreciate your time being taken out of turn, and I commit to you that I roll up my sleeves and work with you in this session to do whatever it takes, to get this long-awaited legislation over the goal line and to make it law in the Commonwealth of Massachusetts for all All the brave men and women who are out there on the front lines for us right now, every day, every minute in the Commonwealth of Massachusetts. So thank you. Thank you, senator.
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BRUCE - Not a question, but if I could just make a comment on this bill. I want to thank everybody who came in and gave their testimony on this issue. I've heard from numerous police through the years2954 and police officers on this. We should have done this years ago, quite frankly. As a long-time member of this legislature, I'm embarrassed we haven't, Quite frankly. I know that the chairs of this committee and all the members of this committee are very much in favor of this. We need to send this out, and we need to prioritize this Let's build this session. Let's get this done.
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JOHN CARMICHAEL - MCOPA - ( R ) Bob and Mike. This guy, Place. I'm the lit Massachusetts Association. There's nothing right now. More compelling than what you've already heard. The officers who have Come forward to the party. I've heard that it's still, unbelievable that they have gone. Please keep on Massachusetts. What this bill enacts Relative to disability fighting crimes. As a state, we're obligated to take care of those who take care of us. Now is the time act our police to buy violent bonds. But they're deemed unable to due to a violent attack. As you heard with firearms, knives, motor vehicles, a detective weapon. These officers were 100% of the disability tensions. As current law allows, 22%. It's quite a burdensome process for the officers, as well as the municipalities that, do the hearing but did you make a decision? These officers are an example of why, Unfortunately, this is what time has to fight on Bills such as the Mortise Hot and Soul Hopefully, this is the last time that this bill, would be a very fair and equitable process, especially as opposed to how we but if Financial. Perfect enough and it was very With your children or you. If I look at I just want to say So officer, is there an example of what3151 was needed? Coinciding with a series of videos showcasing Alright. Yeah. We won't do that but we do plan a little bit. I can be, how important it is and their family. We would ask the bill, will pass. Thank you very much.
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JOANNE SONGY - SB 1727 - SB 1688 - Yes. Good morning, and thank you for giving me the opportunity to testify be few before you today. My name is Joanne Sonji. I am the widow of Detective John Sonji of the Rutland Police Department who died after contracting COVID-19 in the line of duty in April 2020. John suffered multi-organ failures due to COVID-19 and died on May 29, 2020, after a 36-day battle with3357 this deadly virus. Since this date, I have been left with being solely responsible for all common monthly household financial obligations. I work on average 50 to 60 hours a week, days and nights just to try to maintain a steady income to cover these responsibilities, Responsibilities that were once shared together. The presumption bill before you today,

Senate Bill 1688, Stems from an original bill, Senate Bill 1727, filed on my behalf by Senator Anne Gobe in March of 2021. This bill would have provided me with state line of duty death benefits for my husband's death. However, I was informed at the end of that senate session. The legislature did not want to do a one-off bill. They would prefer to create a presumption bill covering the families that had lost police officers during the COVID-19 Pandemic. Having lost face of faith in this process, I requested that Senator Gobi refile my bill in January of 2023. My current bill, Senate Bill 1687, now sits in the third reading where my previous bill died with no further action. I was informed that my current bill was being heard for the third reading on October 5th this year. But for whatever reason unknown to me, it was not.



Now the focus has shifted to this presumption bill which now means this process process starts all3447 over again. More waiting while the3449 financial burden continues to rest on me alone. It has already been3453 3 and a half years since my husband's passing. One way or another, whether it's Bill 1688 or my bill. Legislation needs to get this done. John took an oath as a law enforcement officer to serve and protect his community, and that is exactly what he did. While most were ordered to stay home during the pandemic, John continued going to work every day performing his duties resulting in the ultimate sacrifice. Advice. The town of Rutland designated John's death as a line-of-duty death. The federal government and several other states have recognized COVID-19 as a legitimate cause of line-of-duty deaths Within law enforcement.

My husband's name is forever etched in stone on the National Law Enforcement Memorial in Washington, DC As well as the Massachusetts Law Enforcement Memorial just outside the State House building. It is my hope that the Senate of mass the state of Massachusetts acknowledges all officers who died as a3521 result of contracting COVID-19 as a line of duty death. Receiving the state line of duty death benefits will not bring my husband back. Sorry. No will it end my grief? Rather, it will hopefully provide some relief and closure To the pain and suffering that I have endured over the last 3 and a half years. In closing, I am asking that this committee Honor3553 my husband's sacrifice, give strong consideration to my testimony, and rule favorably on Senate Bill 1688. Thank you for your time.

UNIDENTIFIED SPEAKER 2 - HB 2683 - SB 1734 - HB 2536 - HB 2567- SB1736 - HB 2516 - SB 1680 - Children and firefighters on the line of duty as we saw in Worcester with Christopher Lloyd. We'd like to go on the record in support of House Bill 2683 and Senate Bill 1734. You heard about this earlier from Senator Tarr Regarding the flag at the test of our members. You've heard a lot of testimony on the bills currently before you. House Bill 2536, House Bill 2567, Senate Bill 1736, House Bill 2516, Senate Bill 1680, And that relative to disability pension for violent crimes. We stand with our brothers and sisters in blue and support this legislation. Thankfully, our, departed brother and fellow senator, Ken Donnelly filed this legislation prior, to his passing. So, just another good example of things that, we not only did in the past but said to support the future for us in our public safety. I'd like to go with the record in support of House Bill 2656-701-641 enacted relative to the town hall fire departments. This is a bill relative to our military, base members, Devin, Otis, and Barnes, that they get the same presumptions that we have as far as, heart cancer, in law.



It's something that, should be going there to their exposure to the same percentages and stuff that we are in fires and need to be covered the same as, and where's the bottom line fired, right, his honor? If I may, I just wanted to add to your testimony on the COVID legislation number you lost on bill 168 Hey. You've heard numerous testimony over the years through COVID, until now. Our members and public safety were on the lines, during COVID and the pandemic, Right on the front lines, and still remain. COVID is not over for us. We're still responding to, COVID incidents every day, and, both police and fire are affected by this. As you, such words are to be used that that I've learned over this, pandemic. Such things as long haulers and things that could have long-lasting effects,3766 and we're going to run into this a lot, going forward with3770 our members, being hurt, injured, and hopefully. It didn't happen but passed away from it, and things like COVID-19 effects still ongoing. There's still no, legislative protections in place for infectious disease which would cover COVID, presumptive that we see every single day as other states across the country have done. So I appreciate the time.
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ALLISON GURLEY - PARTNER HARDING GURLEY LLP - SB 1688 ( R ) - Good morning, honorable members of the committee. I am the attorney for Joanne Sanji. Miss Sanjay has been fighting for over 3 years for Detective Sanjay's line-of-duty death benefits. We're here today in support of SB 1688. Legislation that would allow her and other affected families to receive these critical benefits. First responders have always put their lives and health on the line to protect their communities, but the COVID pandemic Heightened the risk posed to them and their families with many first responders in Massachusetts, like Detective Sanjay, having made the ultimate sacrifice. Despite the threat that COVID-19 posed, our police officers and first responders continued to bravely risk their lives every day to keep us and our families safe. Under the current statutory scheme, our police officers and first responders have the difficult Burden of proving that they're they lost their loved one from contracting COVID-19 in the line of duty. Determining when and where someone contracts COVID-19 in the midst of a global pandemic presents a unique challenge. For Joanne. This has thus far been a barrier to receiving3885 these benefits for over 3 years. Presumptions like that created in SB 1688 are simply a shortcut for proving medical causation. In other words, the job conditions themselves cause an occupational disease.

Section 1, SB 1688 provides that a police officer required to report to work outside of their home during the state of emergency Shall have their condition presumed to be work-related. The sec second part of the bill provides eligibility for the families of those officers who die as a result of work-related COVID-19 during the state of emergency3922 for benefits under Section 100 and Section 100 a. This remedial legislation works to overcome the causation challenge by establishing a temporary presumption. COVID-19 infections will be considered to be contracted while on duty if incurred from March 10, 2020. Through June 15, 2021, a time period when vaccination against COVID-19 was not an option for these officers.

The legislation will ensure these families of officers and first responders lost while fighting the pandemic Don't face unnecessary barriers to benefits they've been promised. The passage of this bill today would bring Massachusetts in line with3967 the federal government and numerous other states that made these urgently3971 needed changes to the line of duty death laws to support these families. First responders have historically been able to take small comfort in knowing that their families will be taken care of should something happen to them. As a commonwealth, we need to ensure that the families of these heroes who have sacrificed their lives for the service of their communities during this unprecedented crisis Receive the benefits they rightfully deserve. I urge this committee to report favorably this long overdue legislation. Thank you.
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JIM DURKLIN - ASPE - SB 1748 - HB 2589 - Thank you, Chairman Brady, Chairman Gould, and members of the committee. Jim Durkin here, legislative director for ASPE Council 93. We're in support of a number of bills before the committee today, but I'm going to focus on just a couple today. Senate Bill 1748 and House Bill 2589, both of which would extend an important and well-deserved benefit to all public sector workers. As we've heard a little bit today for many years now, the brave men and women who serve in public safety have had this well-deserved protection for their spouses and children. It's a death benefit currently at 300,000 that is paid to their loved ones in the event they lose their life through an accident or injury that occurs while they're doing their job. We're here to hit today to advocate for those bills that would extend that benefit to all public sector workers. Look, it's fair to say there's an element of danger to virtually all public sector jobs. For some, of course, the risk is higher and the chances of being seriously injured or killed are more Prevalent. That's one of the reasons we have different retirement classifications to prevent people who face serious risk every day on the job from being forced to work beyond an age where they can reasonably expect to perform their duties.

That is not what this legislation is about. These bills do not seek an early retirement age for workers. They simply ask the legislation to recognize that when it comes to losing your life on the job, Everyone is equal. Every worker and every family has paid the same price. The husbands, the wives, and the children are behind and equally traumatized and emotionally challenged financially by the loss. Back in 2011, an asking member by the name of Carlos De Barris was working on repairing Bobcat in the city of the bedroom garage. The school where the Bobcat fell on Carlos' back, Question to death. He had a big family, 6 kids, but there was no 1 to-death, benefit for the DeBary family. Just a $5,000 life insurance policy He had purchased through the city, not even enough to cover funeral expenses. About a year later, another Aspen member, Jason Lou, was attacked by a patient in his care at a mental health facility on Cape Cod. He suffered serious injuries, and although he survived the day, he died a few weeks later. His death was ruled a homicide by the district attorney. He was the father of two. He was murdered on the job, But the only benefit his family received came from donations from his union brothers and sisters. We heard earlier from representative Lewinsky about, the gentleman from NAIC, a member of another union, Mike McDaniel.

The press called it a freak accident, and maybe it was rear in cars, But it still cost Mike McDaniel his life and his wife and 9-year-old daughter were still left behind, left to somehow try and manage not just emotionally but financially as well. Now it's important to note that until March 2017, this death benefit was 150,000. That month, the dedicated and long-term firefighter lost his life responding to the two long workplaces. Within a couple of days, the Go sign doubled that to 300,000. Incredibly moving, well-deserved, tribute, But that seemed weak. Warren Cowell the boy of the Long Middle Department of Public Works was clearing roads during a March Nor'easter when his train was struck by His truck struck by an Amtrak cloud drain. He was killed instantly. Again, no blinded duty death benefit. Look, I'm over my time. I appreciate it. We hope this community agrees that it needs to be changed. Then this legislation is not dealt with piecemeal. I ask you to think about perhaps a school custodian who may one day have to throw himself in front of us, a student, during a school shooting. Please. This has been out favorably a couple of times now. I'm hoping we can get it out favorably again soon so we can start working on moving it over the goal line. I thank you for your time and consideration, and I'll be happy to answer any questions you
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SEN FREEMAN - SB 1680 - Thank you, Mr. Chair, and Members of the committee, I am here to, speak on and act relative to disability pensions for violent crimes at SB 1680. I know you probably heard a lot of testimony on it today. I think you probably know the origins of it and how this was something that Senator and then I have worked on for quite some time. So I'm not going to tell you what the bill does. You all know that. Here's the thing. There's no reason in the world why this bill should not be reported. We're really looking for a reason why what the issues are because we'll work on them if they exist. But we ask so much of our police now. We have passed some real serious police reform that I am very proud of, but we also have to ensure that Our officers can do their jobs and that they are that they have the protection of the state when something Really terrible happens in a very violent situation. This isn't about an accident. It's not about a mishap. It's about a truly violent act by police officers who are there to protect the public.

So when you're talking about 70 people over 9 since4375 1947 that have been in this situation, Money can't be the issue that we allow cities and towns to decide this on their own. So maybe you have a good town manager who cares deeply or A good mayor or you have a mayor or a town manager who doesn't want to spend the money is completely unfair to the institution and to the police who are out there working. So I urge you to pass this bill favorably so that at least people know that when they're out there and they're in these horrible situations, have some Backup. Know that their kids are going to be taken care of. Know that they're gonna have some financial stability. That's all that We're asking and we're also asking that please don't leave this up to a random town or city. To decide whether that particular officer is worthy or not of this benefit. So thank you very much for hearing me. Let's Remember the people who are out there working for us and protecting us, and I, again, urge you to report this favorably.
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GORDON - Thank you, senator. Just to point out that this bill has been referred out favorably in the past by this committee. We continue to take a very good look at it and to work on the language, and we've got to work to get it through the overall legislature, and we'll continue to do that.
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MARIO WALDERA - SB 1688 - I'm in support of SB 1688, which It's a presumption bill that would put in4525 place the presumption first responders such as police officers, firemen, as well as EMTs, be on the front lines during the COVID pandemic. The COVID-19 presumption bill would grant the survivors of our Massachusetts enforcement officers and first responders their long Overdue state line of duty to independence.4544 Missus Joanne Sanji, who was the widow of the late Detective John D. Sanji, Robert PD has been waiting over 3 and a half years as you heard for her state line of duty death benefits. Detective John John Sossey died of COVID-19. On May4559 29, 2020, there were 6 other families4563 who were waiting for their benefits. Additionally, Detective Sanji's wife I'm sorry. Detective Sanji's name was etched in stone on the law enforcement of Most of the work is outside of the building. He's over there. So, essentially, the state of Massachusetts has acknowledged John Sanchez Jackson as in the line of duty, yet our legislators failed to amend the law. I think she's in the alley. I am aware that our county statute does not exist in infectious Diseases such as COVID 19 is a common means of how a law enforcement officer is killed in the line of duty. However, 2 years ago, the city was the last one of its finest police officers who gave his life to try and save an individual while he was drowning.

That officer's name was Manny Familia. Officer Familia died that day by means of accidental drowning. Thankfully, many of our lawmakers here at the state house took swift and immediate action and amended the law to reflect an accidental drowning as a means of one after death. Therefore, the novice virus As we call COVID-19, should be treated with the same immediate and swift action by our lawmakers. Furthermore, According to the office of Memorial Beach, COVID-19 was responsible for over 450 deaths nationwide in law enforcement. According to the World Health Organization, the COVID-19 virus killed over 103,000 people in the United States. Many of the world's respected infectious disease experts concluded that it's humanly impossible to pinpoint where and when a person interacted with the4665 COVID-19 virus.

The State of Massachusetts lost seven officers, as I said, during the COVID-19 pandemic. As I mentioned above, Detective John Assange was the second Massachusetts police officer on record to succumb to that deadly virus. It has been over 3,000,000 years since his death. As widow Buchanan, the financial board burden on her own as you are in anticipation that her benefits would be approved, yet they have not. Massachusetts lawmakers have4697 always been progressive thinking and seemingly had to take her. Sadly, though, in this case, they've dropped the ball. In closing, it is my sincere hope that our lawmakers will step up and prioritize this bill. That will recognize the deadly virus, COVID-19, or any potential future deadly viruses as a means of death to law enforcement officers and first responders, I thank you in advance for your consideration in this matter.
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SHAWN DUHAMEL - MASS RETIREES ASSOCIATION - SB 1630 - Thank you, Chairman Brady. I'll be quick. I think, first of all, for the record, I'm Sean Dewey. I'm the chief executive officer of the Mass Retirees Association. We've heard from a number of organizations and legislators. On behalf of the legislation, it really addresses the insufficiencies, or the fallbacks, of our current retirement systems. You know,4766 some of these laws have now been in place for many decades, created in the aftermath of World War 2, and had not really kept up with the times, and then one such area is ordinary disability. Senator, Creighton has filed on our behalf SB 1630, Nat, relative to ordinary disability retirement, one of the things I think times it gets lost in our stations is the fact that here in Massachusetts, our public workforce does not participate in Social Security at all. Hires after 1986 do pay into Medicare, They're not Social Security. So we need to make sure that our retirement system is going to adequately not only prepare Our future retirements for their eventual retirement but also protect our public workers both in terms of accidental disability related to their job as well as ordinary disability, which would be an illness or an injury that is not connected to the job.

It's the ordinary disability, Mr. Chairman, that over the years has significantly fallen behind What a private sector retiree would receive under the Social Security disability insurance. In some cases, It's a 90-day difference. While this legislation would not change the disability retirement benefits for current Tyrese, we believe wholeheartedly that this is something that is in dire need of reform. Going forward, and we quite frequently hear from active employees who got sick or injured outside of work, need to retire. They're in their forties or early fifties. Despite the fact that there is an ordinary disability benefit, it is woefully inadequate to protect them and their families going forward. So many of these folks exhaust, you know, their sick or vacation time. They'll do everything4879 they can to try to make it through and get to an age where they could retire with an inadequate pension, but many Folks just are unable to do so. So once again, we've refiled this bill. We're hoping to work with the committee. This is something that really needs some attention going forward along with4895 many of the other bills you heard today, Mass Retirees is on record supporting a reform of infectious disease. We certainly support Senator Friedman's bill 1680. These are all areas that are there are are in need of some attention and reform. We'd just like to see4912 the ordinary disability, laws also be addressed at the same time. Thank you very much.
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WILLIAM LITTLE ( R) - I'm just reporting online. I am, what, 20 years On the job, when I suffered a stroke on April 26, 2021. I was retired out on an ordinary disability. Fortunately, you know, due to the stress of my job, I thought it'd be covered under the park bill, and then I was sitting high, and I was looking at a pier. So that's it. I will be happy to answer any question
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BRIAN MURPHY - HB 3891 - Good Morning. My name is Brian Murphy. I'm here on behalf of, myself and my bill, HB 3891. It coincides with, Mario's bill of a 100% disability. On or in, 20 June 2020. I'm a retired state trooper. I'm retired on accidental disability. In June 2020, the Brockton Police Department requested the state police's assistance with, ongoing protests. I was one of the troopers whom, we were forced to go. I know that day, I was struck in the chest, with the firework, putting a Pulled through my vest, leaving scars on my neck. I was also hit in the head with a brick, which luckily I had a Kevlar vest Kevlar Well, helmet on. Otherwise, I wouldn't be here to speak to you. I'm sure some of you maybe have read my emails that, I've sent a bunch, so hopefully. But I'm here to say that, I don't I don't believe, what happened to me was accidental. I'm looking to get the 100% as of, you know, with all the other officers. So thank you.

GORDON - Thank you for being there that, night. I know it's supposed to be a peaceful event at one of the schools, and then there was a personally instigated amount downtown. Yes. Thank god that the state police and the local police were prepared as best as possible. I know businesses were brought up in in what was gonna transpire, but I did talk to some local police officers who had frozen bottles of water that they Assaulted, police officers at night, and as you made some fireworks and everything else, it was it could've been a lot worse than it was. Thank god that Things were kinda settled in a somewhat calm and manic despite what happened itself and some other people's homes. Yes.
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BILL MALLOY - MBTA - 7HB 2601 - Thank you, sir. Senator and Mr chairman, distinguished members of the committee.The lord, the legislative chairman for the MBTA Transit Police Association. I'm here to ask for your support once again in HB 2601, which was reported out of this committee in February for the last few sessions. Basically, what this bill does is allow the MBTA police, and Trans police to receive the same line of duty death bandwidth as all the public safety personnel. What happened post, the Boston Marathon aftermath, the MBT police started looking at what happened with Officer Dick Donnie who was shot and wounded during that and found out that there was a glitch in the law that will prevent MBTA Transit police officers from receiving the same line of duty death benefit is all about the public safety personnel. So I request your your support again in getting this Bill, out of the committee favorably, and on its way. Thank you very much.
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