2024-05-14 00:00:00 - Joint Committee on Public Service
2024-05-14 00:00:00 - Joint Committee on Public Service
SHOW NON-ESSENTIAL DIALOGUE
SPEAKER1 - We don't4 have a lengthy agenda, so hopefully it won't take too long. But we do have some8 criteria. Please turn off all your cell phones, and we do take if any elected officials show up because of their schedules crazy. We may take them out of order. We do have some people testifying on Zoom, and we have a sign in sheet that people have signed in, but if anybody does show up after the fact, they can always27 testify. And then, also, if somebody does have time to testify today,31 they can also give written statement and send it into us via email or whatever. And we do ask you just to keep your, testimony to at least 3 or 4 minutes because we have a busy schedule and everyone's schedule is busy today. So thank you. And I don't see if anyone's here online. I know senator Moore will be joining us shortly. And, my coach here today, rep Higgins, I don't know if there's any reps online today56 or anything.
SPEAKER2 - We are joined by rep60 Garcia online, and and, chair Gordon sends his apologies. He had an unexpected conflict come up, and he isn't able to be here, but I'm glad to be here on69 his behalf. Of course. Oh, and representative DeCoast.
SPEAKER1 - Alright. First,75 we have virtually, my eyes are bad. Christopher. Araceli? I can't read that.
SPEAKER3 - Araceli?
SPEAKER1 - Is Christopher online? Not online. Not yet. We can get back to Chris. Alright. Eric No.
SPEAKER3 - I I am here. Kristen Arachelian.
KRISTEN ARAKELIAN - CONCERNED CITIZEN - SB 2769 - So good morning, Representative Gordon, members of the joint committee. On behalf of my children, Benjamin, 19 and Phoebe, 16, and I, I am respectfully requesting your consideration and support113 for special legislation that will allow my children and I to receive accidental disability retirement benefits. High level overview in history, my husband, Brandon, and I were married for 22 years, but together for over 25. We have two children; Ben and Phoebe. Brandon served honorably in the United States Coast Guard and spent 25 years as a Massachusetts state trooper, 13 years as a homicide Massachusetts state police detective assigned to the Essex County District Attorney's Office, he retired in 2021.
I noticed his behavior and mood changing over eight years ago, which he assumed was a stress related trying to balance family and a job. Unfortunately, his job was not typical. He was assigned to the District Attorney's office as a major crimes detective. He investigated, witnessed, and actively engaged with engaged with families and victims of homicide, suicide, and violent crimes. His work never stopped at the scene, medical examiner's office, or the courtroom. He remained connected and committed to the work and people. His job took a toll on him, his well-being, and our family. Brandon was responsible, compassionate, and devoted to his family and work. Sadly, he was committed to a job that imposes a seemingly endless pathos upon190 your life.
This experience led us on a six year journey. He received a diagnosis of complex PTSD in April of 2020 at McLean Hospital in Belmont, Mass. He attended an inpatient program for military and first responders leader. He fought, and we fought for him and as a family. But sadly, he lost his battle last year on March 12th, 2023. To say my children and I are devastated is an understatement, we are slowly rebuilding our lives in the aftermath and impact of unimaginable loss. It would be meaningful and important for my children and I to receive this benefit. Ben Phoebe and I are requesting your consideration in favor of this Bill in support of Rafael. Very respectfully, Kristen Arakelian, the widow of sergeant Brandon Arakelian. SHOW NON-ESSENTIAL DIALOGUE
260 Thank260 you, Kristen, for your testimony and your courage262 testifying today. And I'm sorry for264 your loss. And is that your children behind you?
SPEAKER3 - Yes. My268 son, Ben, and my daughter, Phoebe.
SPEAKER1 - Oh, I'm sorry for their loss for their father as well. Thank you. Do you have any?
SPEAKER2 - No. Thank you for your courage for joining us for the hearing, and and and thank you for your testimony. I'm so incredibly sorry for your family's loss.
SPEAKER1 - And we'll we'll talk to the committee on this and then if, any questions whether we can reach out to you or or whatever. Thank you. Thank you again for your coverage today.
Next in person, we have Eric Bautista.
ERIC BATISTA - CITY OF WORCESTER - HB 4590 - Good morning, Chair Brady and members of the joint committee on public service. Thank you for the opportunity to testify today on House Bill 4590. My name is Eric Batista, and I am the city manager of city of Worcester. I am proud to lead the second largest city in Massachusetts with compassion, grit, and enthusiasm. The city of Worcester is an ethically and racially diverse community. The city of Worcester nearly half of city of Worcester residents identify as Latino or Hispanic or people of color. We are home to immigrants, non speak English speakers, low income residents, a growing senior population, and engaged youth population. In February of 2021, a municipal executive order was passed to assess and address institutional and structural racism. This was not just a symbolic gesture, but also a firm commitment to review institutional norms, systems, and policies, and practices. To ensure the thoroughness and impartiality of this review, the municipality engaged369 the services of Central Naval371 Analysis, CNA, an independent nonprofit research and analysis organization to conduct a racial equity audit of the Worcester Police Department.
CNA found that the existing civil service process has posed some challenges for the department's ability to promote a more diverse group of staff. The organization noted that the civil service process has been controversial because it is based on a written multiple choice test that white officers historically performed better than other officers from communities of color. The results in those white officers being placed higher on the score based lists. As we strive for a more inclusive and equitable city,411 we recognize that the meaningful change often requires bold action. Passing Bill 4590 is critically to the municipalities racial equity efforts, exempting the department's top positions from civil service, would allow me to select candidates, who are best suited for the position and to serve the city based on their experience and leadership abilities. There this flexibility is crucial in selecting candidates who possess the necessary qualifications and demonstrate a deep understanding of our community's needs. We need municipal leadership to reflect of the community we serve.
This legislation is an important first step in addressing institutional barriers and systems of oppression that have historically marginalized communities of color. Worcester, not being the first community to move away from civil service, your committee has allowed at least 36 police departments and eight fire departments in the Commonwealth to do so already, we are asking for the same consideration. While some of those municipalities removed their entire departments from civil service, there are a few reasons why we are not looking to take that step yet. The civil service, human resources divisions currently supports the 400 plus officers in the Worcester Police Department. It would take a significant capacity for the city to take on those responsibilities for that many individuals, as well as provide them492 with the resources they are currently receiving from the state.
That doesn't mean we're not considering in the future, I did negotiate with the Worcester Police Patrolman's Union, local 911 to allow for review of the department's involvement in civil service and whether it will remain in it. Right now though, we are focusing on the chief and deputy chief positions. If the legislature passes this legislation, I will be able to provide a representative of the city departments to fill positions, looking both internally and externally to find the individuals best suited for the position. Exempting these positions from civil service will promote equity in our police department. Initiating this process is essential, because I am committed to taking realistic steps to make meaningful and measurable changes536 to municipal departments and ensure our government represents with such diverse community. Thank you for your time and consideration of 4590. I will now turn it over to our Mayor to give his supportive testimony.
JOSEPH PETTY - CITY OF WORCESTER - HB 4590 - Thank you, Mr. Chair and, Vice Chair Higgins and the committee members on public service. My name is Joseph Petty, I'm the Mayor of the city of Worcester, and just want to thank you for the opportunity to testify. I'm here on behalf of the elected body of the city of Worcester to569 express my strong support for Bill; H 4590, an act exempting the office of chief575 of police, position of deputy chief577 of police in the city of Worcester from579 the civil service law. The Worcester City Council enormously supported city manager Eric Batista's request to petition the legislature, and we hope that you will vote for590 this Bill favorably. Our request592 is not unique. If this Bill is passed, we would join at least 36 police departments and 85 departments. This act will provide the city of Worcester with more significant opportunities to ensure the Worcester Police Department's accountability and equity are assured while also ensuring that the roles of the chief of police and deputy chiefs are held by individuals who can serve most effectively without being held to the constraints of the civil service ranking system.
In 2020, people across this country brought calls for systemic change within the police department's institutions following the murders of George Floyd, Bernard Taylor. In February 2021, the city of Worcester addressed the call for its residents by issuing executive order to assess and address institutional and structural racism. The order affirmed the city's commitment to review institutional norms, systems policies and practices. In 2022, Worcester was selected CNA independent nonprofit research organization to conduct a racial equity audit on the Worcester Police Department. The audit made many recommendations to improve the Worcester Police Department regarding diversity, equity, and inclusion, and the city of Worcester has taken CNA's recommendations very seriously. One of the recommendations from the arts finding was the lack of representation in the police department's leadership because of the civil service requirements. Historically, the civil service written exam has yielded better results for white officers compared to colleagues of color.
Therefore, when testing requirements offer an unfair advantage to white officers, the opportunity for equity and fairness of hiring680 diverse leadership is compromised. Removing the civil service requirement, the role of chief of police not only opens the pool of applicants who otherwise will not have the opportunity because of the civil service exam, allows the city manager to make equitable hiring decisions of leadership in the Worcester Police Department. The city of Worcester wants nothing more than a fair and equitable process for the heads of city's law enforcement. As a city, we have made great strides with our department. We feel that being relieved from the constraints of civil service requirements will ensure that we can be intentional about our procedure when selecting the next police chief. We are committed to this effort and willing to work with our state partners to make this proposed change happen. We hope that you'll consider our testimony in your decision, and thank you for the opportunity to testify. SHOW NON-ESSENTIAL DIALOGUE
Thank you, Mr. Mayor and manager Batista for your testimony today. Any questions from the committee?
SPEAKER2 - I do have 1 question, and I wanna recognize that representative Kuzmaier was able to join us virtually. Thank you for being here. And,
REP HIGGINS - To the Mayor or the city manager, I've had the opportunity to dig into the743 communities that have left civil service through the745 civil service Special Legislative Commission. One of the things that we have struggled with is data collection and a community to be able to show once they left civil service that their departments were more diverse than when they were in the civil759 service system. Do you have any plans to collect data and what are those hiring practices that you're gonna767 institute to ensure a more, diverse leadership team?
BATISTA - Thank you, Vice Chair. So, one of the things that we do as a municipality, we have a data system that we're able to collect information on the hiring and recruitment. On the situation here related to the chief and the deputies, one of the challenges becomes on the promotional. One of the also recommendations that was part of the racial795 equity audit included opportunities for mentorship, within the department. So help individuals that in803 the department find a way to either take the exam for sergeants and lieutenants, but also be able to grow amongst the ranks to give us the diversity that we need up in the leadership.
In addition to that, we've hired a diversity officer, an officer itself in818 the department has been assigned as a diversity officer for the department. There's two individuals now that are located in that team. They're directly under the chief of police and their job is829 to go out to the community, serve the community, make recruitments at the high school, the colleges, neighborhood organizations, etcetera and bring in a diverse pool of candidates to the department. That has yielded great results, also in women joining the force, which has been extremely helpful for us. So, those areas of improvements have yielded an opportunity for us to really measure the success as we have in the department, and then we'll be able to track that on a long term basis to see the impact of the outcomes of those results. SHOW NON-ESSENTIAL DIALOGUE
Okay. Thank you for that additional information. Thank you. Anyone else online wanna testify or have any questions868 on this? Seeing none, I wanna thank you both for your testimony today. We're going to work with the committee on this. But also as you know, we've been working on legislation because civil service is an archaic, procedure that's been long overdue to have some changes. And especially getting more of a diverse population to be represented more females, but also to protect veterans as well. So, thank you both for your testimony today.
SPEAKER4 - Thank you.
SPEAKER1 - Next, virtually we have Leah Panettieri. I'm from if I'm pronouncing that right.
Lee Panettieri.
SPEAKER3 - Yes. Lee Panettiere. This is Kristen Arakalian. Lee Panettiere is our attorney, and I know that she was, wanting to testify today, but I don't see her on the call.
SPEAKER1 - Did you wanna testify on this? Oh, you already did. I apologize for the mispronunciation932 because some of these names are unique to me here. Even though it it sounds French and I'm part French Canadian. But but we can wait if she does come online later before we end the hearing, we can, have her testify. And thank you and thank you again for your testimony. Next,951 virtually William Schlemmen.
WILLIAM SCHLIEMAN - BROCKTON POLICE DEPARTMENT - HB 4630 - Good morning, Senators and Representatives. My name is William Schlieman, I began my career in law enforcement as a police cadet in 1996. 28 years later, I am now a lieutenant assigned to the community education unit at the Brockton Police Department. One of my duties is overseeing the Brockton Police Department's cadet program, which was launched in November of 2021. Over the past 2.5 years, the cadets roles have expanded. They have become an integral part of the Brockton Police Department. They not only provide support services, but at times, they become the face of the department. For example, two of our cadets testified before the1001 joint committee on public safety and homeland security in 2022. They participate in numerous community events, including job fairs at Brockton High School, the community jamboree, the youth academy for middle school age children, and the junior cadet program for use between 14 and 16 years old. We use the cadets as mentors to the adolescents in these programs.
Our cadets are professionally trained in CPR, AEDs, first aid, the administration of Narcan, the operation of our 911 phones, the criminal justice information services network, project lifesaver which helps protect our vulnerable citizens who are at risk to wander and the Brockton police department software systems to dispatch calls and write reports. In 2023, the Brockton Police Department sent true cadets to the police academy. Their exposure as a cadet provided them with a basis of knowledge which assisted in their development into police officers. They were able to apply some of their experiences to the training provided in the police academy. They recently graduated from the police academy, completed their field training, and are now serving the1077 citizens of Brockton as police officers. In closing, I would like to express my support for House Bill 4630. This Bill will afford the young men and women of Brockton who dream of becoming a police officer the benefit of a path to a law enforcement career. Thank you.
SEN BRADY - Thank you, lieutenant. And did1094 you say you completed the cadet program yourself as lieutenant?
SCHLIEMAN - I did, back in the 90s with the Milton Police Department.
BRADY - Well, I appreciate all the work you've done and you've stated some good statements of how helpful the cadet program has been and also the experience that it helps give these cadets. I appreciate all the work, and I do support this legislation. SHOW NON-ESSENTIAL DIALOGUE
Anybody else wanna testify on this? Anybody virtually? Seeing none, thank you, lieutenant. We'll take it under advisement. And again, if anybody else on the Brockton PD or anybody wants to send in some written testimony, they're more than welcome to do so as well.
SPEAKER6 - Thank you, sir.
SPEAKER1 - Thank you, lieutenant.
Next is,
Dean Montero.
SPEAKER7 - Good morning.
SPEAKER1 - Go right ahead.
MALDINE MONTEIRO - BROCKTON POLICE DEPARTMENT - HB 4630 - Good morning, everyone. Thank you for the chance to testify. My name is Maldine Monteiro again, I'm one of the Brockton police cadets, and I have been working as a Brockton police cadet for over two years now. In the beginning of of my career as a Brockton police cadet, I went to a a similar hiring process for a police officer. That includes a full background investigation, an interview, a physical ability test, a medical examination, and a psychological evaluation. I currently worked for the midnight shift. My daily duties include assistant and1197 lobby officer, serving as a, emergency telephone, dispatcher, as I am served by 911 operator and assistant officers and detectives with the investigation. I also get a chance to participate in numerous police ride along. As a Brockton police cadet, I get to experience police work firsthand with the Brockton police officers and the commission of their duties.
I have also been exposed to several type of police emergency calls for example, our domestic violence calls assault and battery calls assault with dangerous weapon calls, rape calls, gunshot calls, behavioral emergency calls, and disturbance to name a few. I have also assisted ops and detectives with the numerous investigation that have led to arrest. I have also been involved in numerous community events. I am a project lifesaver certified, project lifesavers is a electronic monitoring system program designed to protect and when, necessary assist police to quickly locate individuals with a cognitive disorder who are prone to a life threatening behavior. I am also a CPR and a CJIS certified. I've also got a chance to participate in training with the Brockton Police Department firearms training unit, and special reaction team, the SWAT team. I have also trained with the Brockton Police canine unit and I have worn the bike suit in several occasions. I am proud to say that working as a Brockton police cadet has been the best experience in my life, and I believe that my experience as a Brockton police cadet will truly make me a better Brockton police officer in the near future. I look forward to serving the community of Brockton. SHOW NON-ESSENTIAL DIALOGUE
Thank you, mister Montero, for your testimony. And you have a wealth of credentials. I I congratulate you and all you've accomplished so far. Any, testimony from the committee? Anybody online? Thank you for your testimony.
SPEAKER7 - Thank you.
SPEAKER1 - I know senator Moore has joined us and he signed in to testify, virtually. Senator Moore?
SEN MOORE - HB 4590 - Good morning. Thank you, Chair Brady and the Vice Chair for allowing me to testify this morning on House 4590, which is an act exempting the office of chief of police and the position of deputy chief of police in the city of Worcester from the civil service law. House 4590 is a home rule petition that the city of Worcester identified as a top priority this session. The reasoning behind the city's desire to move on from the testing based promotional system for the police department is from the recommendation of the January 2024 Center for Naval Analysis, CNA, Worcester Police Equity Audit. The CNA recommended that the Worcester police chief and deputy police chief be exempt from civil service positions to allow the department to choose from candidates for those positions based on ability, experience, and background. Currently, due to the civil service process, the department must make these promotions based on test results rather than who is best fit for the position. Worcester, a city with a diverse population, has a police department where the officers all come from various financial, ethnic, and educational backgrounds.
For Worcester Police Department in a larger and other large municipalities such as Worcester, the civil service process is controversial. Historically, white officers perform better on civil service exams than the offices from communities of color. While these tests are developed to showcase one's ability to perform the job, this framework is riddled with the implicit bias that systematically diminishes the professional mobility for officers of color while bolstering the careers of white officers. The audit also found that members of the community are looking for better engagement with the Worcester Police Department, and the department has recognized that as an area of improvement for itself. An integral aspect of building community engagement is to build trust with those that you serve. In recognition of this, the city has made a commitment to increasing transparency and accountability within the Worcester Police Department. Worcester sees this exemption as an avenue to better the culture of the police department and1492 its relationship with the community. Therefore, I respectfully request the favorable report of House 4590 from the committee. Thank you for your consideration this morning and the opportunity to testify. SHOW NON-ESSENTIAL DIALOGUE
Thank you, senator, for your testimony. Thank you for the information you provided regarding the audit and the other information. Any questions from the committee? Seeing none, anybody online have any questions? Thank you, senators, for your testimony.
SPEAKER8 - Thank you very much.
SPEAKER1 - Next up, virtually, we have senator Ryan Fatman.
SPEAKER4 - He's not on.
SPEAKER1 - He's not on yet. We can get back. We will go down the list. I don't see anybody else who signed it to testify as of yet, so I'm gonna read down the list. And then again, if everyone anyone didn't have time to testify today, they have time to send us some information in writing. So is there anyone else who wants to testify in h bill 4590?
Seeing none, we'll move on. Hbill 4592,
seeing none. Hbill 4630,
senate bill 2746?
Seeing none in senate bill 2769.
Seeing none, again, if no 1 had time to testify today, they do have time to send some information in writing to our corresponding officers. Do we have a motion to adjourn?
SPEAKER2 - I will move, but I would like to recognize rep Kate Donahue who was able to join, virtually.
SPEAKER1 - Thank you, representative, for joining us as well.
SPEAKER2 - I move to adjourn the meeting.
SPEAKER1 - 2nd. All those in favor, say aye. Aye. Opposed, nay. The ayes have it.
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