Massachusetts Police And Fire Unions React To Senate Cop Reform Bill

By JULIE CUNNINGHAM and CHRIS COLLINS

(Boston, MA) – Police and fire unions are chastising the state Senate’s decision to pass a sweeping police reform bill without a public hearing.  The Senate passed the new “Reform, Shift, & Build Act” at 4:30 am Tuesday morning, a move which has drawn criticism from organizations like the Professional Fire Fighters of Massachusetts and the Lowell Police Superior Fire Fighters Organization, both of which released statements on social media that were re-posted by Franklin County police officers and police departments.

Richard Mackinnon, President of the Professional Fire Fighters of Massachusetts, criticized the timing of the bill’s passage.

“The Senate was called this morning at 4:11am to respond to an emergency and they let the labor movement down,” the statement read. “The PFFM is confused, disappointed, and concerned with the actions of the Massachusetts Senate as it relates to the process under-taken in the recent social justice and police reform debate,” the statement went on.

The Lowell Police Superior Officers Association said “This morning at 4am, the MA senate betrayed all of MA law enforcement and put a nail in the coffin of good faith policing. When you vote on a piece of controversial legislation without a public hearing at 4am, you display to the citizens just how cowardly you really are.”

Senator Jo Comerford released a statement explaining the new standard for Qualified Immunity in Massachusetts, which is one of the more controversial aspects of the bill. It would establish a “reasonableness test” to evaluate the conduct of an officer that may be unconstitutional. Now, conduct that is clearly established as unconstitutional falls under the exception for qualified immunity. Comerford’s perspective is that the bill will help courts to establish new standards for unconstitutional conduct.

“Qualified Immunity creates a catch-22,” Comerford said. “The court doesn’t decide whether a new violation is unconstitutional, because there is no previous case with similar facts. Accordingly, new violations don’t become ‘clearly established.”

Comerford argues that,under the new standard, “no reasonable defendant could have reason to believe that no such conduct would violate the law.” She says it will also narrow the number of cases where police officers and public officials can claim qualified immunity.

The bill now heads to the House, which will debate its own version. Governor Baker has not indicated whether he will sign it.