Springfield City Council hosts quarterly meeting on DOJ consent decree

March 29, 2023 | Matt Conway
mconway@thereminder.com

Springfield Police Department Superintendent Cheryl Clapprood provides an update on the implementation of the Department of Justice consent decree.
Photo Credit: Focus Springfield

SPRINGFIELD — Roughly a year after the establishment of the Department of Justice consent decree, the City Council received an update on the process during a March 21 special meeting. The meeting marked the first of four quarterly meetings that reviews implementation of the consent decree and the Police Commission.

Background

The Supreme Judicial Court of Massachusetts ordered for the commission to be reestablished via a consent decree in January 2022 after years of dormancy. The court’s ruling came after an investigation incited by a City Council request.

The Supreme Judicial Court ruled in favor of the City Council’s plea for a decree after city leadership expressed initial pushback. The settlement is the resolution of illegal conditions discovered within the Springfield Police Department’s Narcotics Bureau, according to the DOJ. The department’s announcement stressed that the agreement will enforce accountability within the Springfield Police Department.

“The Springfield Police Department will provide better supervision to officers and improve internal investigations of complaints of officer misconduct. When officers violate use-of-force policies, the agreement will ensure that the Springfield Police Department holds officers accountable,” said the DOJ in their April 13, 2022 statement.

Sarno appointed five members to the commission in March 2022: Civilian Community Police Hearing Board member Albert Tranghese, former School Committee member Norman Roldan, security business owner Robert C. Jackson, Hampden County Sheriff Department employee Madeline Fernandez and professor of Criminal Justice at Springfield College Dr. Gary Berte. The commission hosted its first meeting in April 2022.

So far, the Police Commission has endured initial challenges. Members of the Police Commission expressed frustration to the City Council during a Sept. 19, 2022 Public Safety Subcommittee, citing a lack of resources, such as technology and inaccessible contact information, as hindrances to their process.

In October 2022, the City Council hosted a quarterly meeting that was absent of any Police Commission representative. Members of the Police Commission also did not attend a Dec. 13, 2022, Public Safety Subcommittee. Ward 6 City Councilor Victor Davila, who chaired the subcommittee in 2022, and City Councilor At-Large Justin Hurst discussed the potential of subpoenaing commission members if they continued to be absent.

In both meetings, members of the council expressed concerns with the commission’s lack of set procedures.

Another critical juncture occurred on Nov. 22, 2022, with the commission’s 2-1 vote to reinstate patrolmen Christian Cicero and Daniel Billingsley, who were convicted in March for an off-duty assault and battery outside of Nathan Bill’s Bar and Restaurant in 2015. The decision was made despite two members unavailable, and the final vote not representing a full consensus of the five-person commission.

City Council President Jesse Lederman and Sarno both expressed their disapproval of the Police Commission’s decision.

“The Police Commission is meant to ensure the public and members of the department can rely on a consistent, professional and transparent decision-making process and execution of justice. In this instance, the process appears unclear, out of order and unreflective of the institutions purpose,” said Lederman.

“I am dismayed on why this hearing and decision to reinstate these officers went forward with only three Police Commission members present. Although they met the requirements for a quorum under their rules and regulations, this serious matter should have been heard before the full complement of the Board of Police Commissioners,” said Sarno.

Despite frustrations with the reinstatements, the decision has not been overturned.

Quarterly Meeting

City Solicitor John Payne, Police Superintendent Cheryl Clapprood and Roldan provided updates to the council on the DOJ consent decree and the Police Commission.

Payne shared that the city is diligently working to complete provisions and policies for the consent decree. Some of the procedures are currently being enacted, while others are in their final step of reviews.

“We continue to move forward with the process of implementing the provisions of the consent decree … Policies and procedures continue to be prepared and finalized,” said Payne.

Payne said the process establishing the city’s consent decree guidelines has been collaborative. He, Springfield Police Department representatives and the DOJ compliance evaluator met every Wednesday to discuss the subject matter.

Once procedures are finalized, they will be posted online for public review. Payne expressed that all sides are making positive progress.

“Right now, we’re making the progress we expected to make,” said Payne.

Clapprood said the department has “fully cooperated” throughout the consent decree process, giving the compliance evaluator team an open look at the department’s records. During the ongoing meetings, Clapprood said she has been open to collaboration. Her only pushback on consent decree policy recommendations mostly relates to the department’s budgetary limitations.

“My protection goes to the Springfield Police Department budget and what the department can do budget-wise and manpower-wise,” said Clapprood.

Clapprood shared that her focus is bringing Springfield Police Department “up to par.” She explained that updating technology and record keeping practices has been a process similar to what most large police departments have to go through.

The Springfield Police Department is currently implementing a new record keeping software that will provide extensive organization to the department.

“It’s going to take another 10 months or so to get online … [the service] takes everything in regards to that arrest or that incident and keeps it together in a nice package,” said Clapprood.

The department also purchased a software called Blue Team, which is used by the Massachusetts State Police. Springfield Police began utilizing the program in March. It helps the department leaders enact throughout investigation on use of force cases.

“It’s a software that puts all use of force reports together and reviews together. There is a certain guideline these reports will follow,” said Clapprood.

Clapprood also explained that the Use of Force Committee is being finalized. The committee will regularly review use of force cases to ensure the department is following all policies.

Clapprood expressed optimism with progress on consent decree implementation. She said she is focused on getting everyone at the department on the same page.

“You’re changing the way you do things, you want to make sure that every officer and every supervisor is up to date,” said Clapprood.

In his remarks, Roldan, who is the Police Commission’s new chair, explained the commission’s past year of operation. The commission reviewed eight cases in 2022 across several meetings and has spent significant time establishing their procedures.

In 2023, the Police Commission began enacting Robert’s Rules of Order – a standard for facilitating discussions and group decision-making for commission meetings. They have also reviewed a few cases so far this year, with one resulting in the termination of a Springfield police officer.

“We found cause for termination with that case,” said Roldan.

Roldan said the cases “are really intense” and often take significant time to review. The Police Commission chair also asked if the City Council could support some of the commission’s operations, such as purchasing cell phones, implementing training programs for commission members and helping to organize more meetings with DOJ.

Roldan concluded his remarks by reflecting on the past year for the Police Commission.

“I think its workable and its getting done. The big hurdle was last year I believe. As you know, we had a lot of bumps. This year we are streamlining a lot of stuff and in our meetings we’re making more headway in the decisions we are making and we’re better organized,” said Roldan.

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