Passing The House Police Reform Bill

On July 24th, by a vote of 93-66 the House passed H4860, the long-awaited police reform bill focused around use of force standards, the limiting of qualified immunity and the establishment of a P.O.S.T board, that will be used to mandate training for law enforcement officers in addition to the certification and de-certification of departments and officers.

I was present on the House floor for most of the nearly week-long debate, and helped deliver some of the final remarks in support of the bill. Video of my full address to the House is available below, as well as an amended version of my remarks.

“Throughout this debate, we engaged. We listened. We learned. We listened again. We acted.

To our professionals in law enforcement, thank you for all that you do.  You are the ones we ask to put yourselves in harm’s way, to run into danger and not away from it.  You are the ones who we entrust with the greatest responsibility in our Commonwealth.  You are the ones given the authority and the power of the state to apprehend, to detain, to arrest, to protect and to ensure the peace. Because of that power, you are the ones who must and do hold yourself to higher standards than any other resident or professional in Massachusetts.

We owe it to you and all of the residents of the Commonwealth to ensure that your standards of conduct are clear, uniform and reflect reality. That is why I rise for the final time on this bill, to urge my colleagues in this Great and General Court to join me in voting for this legislation before us tonight.

We have debated many aspects of this bill, which modernizes and creates statewide standards for the training and oversight of our law enforcement professionals.  It strengthens accountability for bad actors and actions; it provides clear and bright lines of what is and what is not acceptable behavior and it implements uniform and modern standards of conduct. I have heard much said about this bill being punitive towards our law enforcement professionals simply because of an act that occurred 1,600 miles away that resulted in the casual and horrific murder of George Floyd. 

That is false.  This bill is not punitive. This bill isn’t about looking for reasons to de-certify our law enforcement professionals.  This isn’t about weakening collective bargaining rights or stripping anyone of due process, and it certainly is not about punishing those who protect us every day.  This bill holds harmless the overwhelming majority of our brave law enforcement professionals who hold themselves to the highest level of conduct and service. 

It takes steps that our law enforcement professionals cannot take for themselves by making training and standards – created by law enforcement professionals themselves – uniform, transparent and fair. 

These are steps that are necessary to restore a trust that is broken with a segment of our population that has cried out clearly with pleas for change.

We have been through much debate, much examination, much amending of this comprehensive bill. I believe that because of that open process, the end result of the House legislation is a step forward for our law enforcement professionals and our Commonwealth. 

The House welcomed public input and discourse when we considered the drafting of this bill.  All were welcome and invited to have input into these provisions.  Many spoke, and all were heard.

One retired police captain wrote to share his thoughts about why a modernized and uniform standard of conduct is problematic.  He wrote that the problem is not in the existing standards, the problem is – quote: “that a small percentage of officers apply force unreasonably.”

I agree 100% with that sentiment.  That is the problem. 

A small percentage of our law enforcement profession apply force unreasonably.  This unreasonable application of force, done while claiming the authority of the state, by its very definition and nature results in the unwarranted deprivation of life and liberty and certainly the pursuit of happiness guaranteed by our constitution and it must be addressed.

Our job as legislators is to correct the course when our government institutions become sclerotic.  We must act when the systems and rules these government institutions created – or that we as a people have created for them – do not guarantee the accountability we must expect.  We must act when there is a disconnect between policies, perceptions and actions.

With this legislation, we are not attacking our law enforcement professionals.  We are taking steps today to standardize and modernize police training, standards of conduct and oversight.  These steps will ensure that our law enforcement professionals can truly root out those in their ranks who do not hold themselves to the highest standards of conduct to which the vast majority of officers adhere.The vast majority of our officers do indeed hold themselves to the highest standard of conduct and behavior.  However, that small percentage of officers that retired captain spoke of – those who apply force unreasonably – have been stubbornly difficult to remove from service.

As the Chair pointed out in her opening remarks, 99.9% of model conduct just isn’t good enough.  I am 100% positive our law enforcement professionals agree. Every single one of them I have spoken to does.

So why are we here?  It’s not just because of the murder of George Floyd, although that barbaric and unlawful act was certainly a flash point that lit a nationwide tinderbox that has been filling for generations. We are here, in essence, because every one of us in this chamber and listening elsewhere have heard about “the talk.”

We have heard about the talk that black parents have with their children about how to prepare for encounters with law enforcement and how to make sure those encounters do not turn deadly. 

This is not a talk I have ever had with my sons.  Without a doubt, my wife and I have talked to our sons about the importance of respecting those that serve us, but we have never talked with them about thinking how to protect their lives when they interact with the police.  That is not a fear we have. Yet I have listened, perhaps more intently in the past few months than I ever have before – and I know that “the talk” is commonplace in our communities of color.  Think about that for a moment.

That talk – the result of fearing that your child’s encounter with law enforcement could result in harm to your child – is commonplace in our communities of color.  Whether you agree that the fear is grounded in reality or think it is misplaced is irrelevant.  That talk happens all the time.  And because of that fact alone, we know a sacred trust is broken.

And so we as legislators must now act to begin the long, long overdue work of repairing that trust.  The work of setting a bright line of standardized conduct, and the good work of partnering with our law enforcement professionals to help them do what they want to do: hold accountable those who violate their sworn duties to protect and serve.This bill is not perfect.  I would be hard pressed to say anything we pass is perfect, but it is the right bill.  It is progress, and it is time.

The great author Toni Morrison once said, “The function, the very serious function of racism is distraction.  It keeps you from doing your work.  It keeps you explaining, over and over again.”   
Well the time for explaining is past. 

We have listened.  We have learned, and we have debated and we have voted on changes. 

Now we must act. 

I urge you to join me in voting in favor of this bill.

Throughout this debate, we engaged. We listened. We learned. We listened again. We acted.

To our professionals in law enforcement, thank you for all that you do.  You are the ones we ask to put yourselves in harm’s way, to run into danger and not away from it.  You are the ones who we entrust with the greatest responsibility in our Commonwealth.  You are the ones given the authority and the power of the state to apprehend, to detain, to arrest, to protect and to ensure the peace. Because of that power, you are the ones who must and do hold yourself to higher standards than any other resident or professional in Massachusetts.

We owe it to you and all of the residents of the Commonwealth to ensure that your standards of conduct are clear, uniform and reflect reality. That is why I rise for the final time on this bill, to urge my colleagues in this Great and General Court to join me in voting for this legislation before us tonight.

We have debated many aspects of this bill, which modernizes and creates statewide standards for the training and oversight of our law enforcement professionals.  It strengthens accountability for bad actors and actions; it provides clear and bright lines of what is and what is not acceptable behavior and it implements uniform and modern standards of conduct. I have heard much said about this bill being punitive towards our law enforcement professionals simply because of an act that occurred 1,600 miles away that resulted in the casual and horrific murder of George Floyd. 

That is false.  This bill is not punitive. This bill isn’t about looking for reasons to de-certify our law enforcement professionals.  This isn’t about weakening collective bargaining rights or stripping anyone of due process, and it certainly is not about punishing those who protect us every day.  This bill holds harmless the overwhelming majority of our brave law enforcement professionals who hold themselves to the highest level of conduct and service. 

It takes steps that our law enforcement professionals cannot take for themselves by making training and standards – created by law enforcement professionals themselves – uniform, transparent and fair. 

These are steps that are necessary to restore a trust that is broken with a segment of our population that has cried out clearly with pleas for change.

We have been through much debate, much examination, much amending of this comprehensive bill. I believe that because of that open process, the end result of the House legislation is a step forward for our law enforcement professionals and our Commonwealth. 

The House welcomed public input and discourse when we considered the drafting of this bill.  All were welcome and invited to have input into these provisions.  Many spoke, and all were heard.

One retired police captain wrote to share his thoughts about why a modernized and uniform standard of conduct is problematic.  He wrote that the problem is not in the existing standards, the problem is – quote: “that a small percentage of officers apply force unreasonably.”

I agree 100% with that sentiment.  That is the problem. 

A small percentage of our law enforcement profession apply force unreasonably.  This unreasonable application of force, done while claiming the authority of the state, by its very definition and nature results in the unwarranted deprivation of life and liberty and certainly the pursuit of happiness guaranteed by our constitution and it must be addressed.

Our job as legislators is to correct the course when our government institutions become sclerotic.  We must act when the systems and rules these government institutions created – or that we as a people have created for them – do not guarantee the accountability we must expect.  We must act when there is a disconnect between policies, perceptions and actions.

With this legislation, we are not attacking our law enforcement professionals.  We are taking steps today to standardize and modernize police training, standards of conduct and oversight.  These steps will ensure that our law enforcement professionals can truly root out those in their ranks who do not hold themselves to the highest standards of conduct to which the vast majority of officers adhere.The vast majority of our officers do indeed hold themselves to the highest standard of conduct and behavior.  However, that small percentage of officers that retired captain spoke of – those who apply force unreasonably – have been stubbornly difficult to remove from service.

As the Chair pointed out in her opening remarks, 99.9% of model conduct just isn’t good enough.  I am 100% positive our law enforcement professionals agree. Every single one of them I have spoken to does.

So why are we here?  It’s not just because of the murder of George Floyd, although that barbaric and unlawful act was certainly a flash point that lit a nationwide tinderbox that has been filling for generations. We are here, in essence, because every one of us in this chamber and listening elsewhere have heard about “the talk.”

We have heard about the talk that black parents have with their children about how to prepare for encounters with law enforcement and how to make sure those encounters do not turn deadly. 

This is not a talk I have ever had with my sons.  Without a doubt, my wife and I have talked to our sons about the importance of respecting those that serve us, but we have never talked with them about thinking how to protect their lives when they interact with the police.  That is not a fear we have. Yet I have listened, perhaps more intently in the past few months than I ever have before – and I know that “the talk” is commonplace in our communities of color.  Think about that for a moment.

That talk – the result of fearing that your child’s encounter with law enforcement could result in harm to your child – is commonplace in our communities of color.  Whether you agree that the fear is grounded in reality or think it is misplaced is irrelevant.  That talk happens all the time.  And because of that fact alone, we know a sacred trust is broken.

And so we as legislators must now act to begin the long, long overdue work of repairing that trust.  The work of setting a bright line of standardized conduct, and the good work of partnering with our law enforcement professionals to help them do what they want to do: hold accountable those who violate their sworn duties to protect and serve.This bill is not perfect.  I would be hard pressed to say anything we pass is perfect, but it is the right bill.  It is progress, and it is time.

The great author Toni Morrison once said, “The function, the very serious function of racism is distraction.  It keeps you from doing your work.  It keeps you explaining, over and over again.”   
Well the time for explaining is past. 

We have listened.  We have learned, and we have debated and we have voted on changes. 

Now we must act. 

Throughout this debate, we engaged. We listened. We learned. We listened again. We acted.

To our professionals in law enforcement, thank you for all that you do.  You are the ones we ask to put yourselves in harm’s way, to run into danger and not away from it.  You are the ones who we entrust with the greatest responsibility in our Commonwealth.  You are the ones given the authority and the power of the state to apprehend, to detain, to arrest, to protect and to ensure the peace. Because of that power, you are the ones who must and do hold yourself to higher standards than any other resident or professional in Massachusetts.

We owe it to you and all of the residents of the Commonwealth to ensure that your standards of conduct are clear, uniform and reflect reality. That is why I rise for the final time on this bill, to urge my colleagues in this Great and General Court to join me in voting for this legislation before us tonight.

We have debated many aspects of this bill, which modernizes and creates statewide standards for the training and oversight of our law enforcement professionals.  It strengthens accountability for bad actors and actions; it provides clear and bright lines of what is and what is not acceptable behavior and it implements uniform and modern standards of conduct. I have heard much said about this bill being punitive towards our law enforcement professionals simply because of an act that occurred 1,600 miles away that resulted in the casual and horrific murder of George Floyd. 

That is false.  This bill is not punitive. This bill isn’t about looking for reasons to de-certify our law enforcement professionals.  This isn’t about weakening collective bargaining rights or stripping anyone of due process, and it certainly is not about punishing those who protect us every day.  This bill holds harmless the overwhelming majority of our brave law enforcement professionals who hold themselves to the highest level of conduct and service. 

It takes steps that our law enforcement professionals cannot take for themselves by making training and standards – created by law enforcement professionals themselves – uniform, transparent and fair. 

These are steps that are necessary to restore a trust that is broken with a segment of our population that has cried out clearly with pleas for change.

We have been through much debate, much examination, much amending of this comprehensive bill. I believe that because of that open process, the end result of the House legislation is a step forward for our law enforcement professionals and our Commonwealth. 

The House welcomed public input and discourse when we considered the drafting of this bill.  All were welcome and invited to have input into these provisions.  Many spoke, and all were heard.

One retired police captain wrote to share his thoughts about why a modernized and uniform standard of conduct is problematic.  He wrote that the problem is not in the existing standards, the problem is – quote: “that a small percentage of officers apply force unreasonably.”

I agree 100% with that sentiment.  That is the problem. 

A small percentage of our law enforcement profession apply force unreasonably.  This unreasonable application of force, done while claiming the authority of the state, by its very definition and nature results in the unwarranted deprivation of life and liberty and certainly the pursuit of happiness guaranteed by our constitution and it must be addressed.

Our job as legislators is to correct the course when our government institutions become sclerotic.  We must act when the systems and rules these government institutions created – or that we as a people have created for them – do not guarantee the accountability we must expect.  We must act when there is a disconnect between policies, perceptions and actions.

With this legislation, we are not attacking our law enforcement professionals.  We are taking steps today to standardize and modernize police training, standards of conduct and oversight.  These steps will ensure that our law enforcement professionals can truly root out those in their ranks who do not hold themselves to the highest standards of conduct to which the vast majority of officers adhere.The vast majority of our officers do indeed hold themselves to the highest standard of conduct and behavior.  However, that small percentage of officers that retired captain spoke of – those who apply force unreasonably – have been stubbornly difficult to remove from service.

As the Chair pointed out in her opening remarks, 99.9% of model conduct just isn’t good enough.  I am 100% positive our law enforcement professionals agree. Every single one of them I have spoken to does.

So why are we here?  It’s not just because of the murder of George Floyd, although that barbaric and unlawful act was certainly a flash point that lit a nationwide tinderbox that has been filling for generations. We are here, in essence, because every one of us in this chamber and listening elsewhere have heard about “the talk.”

We have heard about the talk that black parents have with their children about how to prepare for encounters with law enforcement and how to make sure those encounters do not turn deadly. 

This is not a talk I have ever had with my sons.  Without a doubt, my wife and I have talked to our sons about the importance of respecting those that serve us, but we have never talked with them about thinking how to protect their lives when they interact with the police.  That is not a fear we have. Yet I have listened, perhaps more intently in the past few months than I ever have before – and I know that “the talk” is commonplace in our communities of color.  Think about that for a moment.

That talk – the result of fearing that your child’s encounter with law enforcement could result in harm to your child – is commonplace in our communities of color.  Whether you agree that the fear is grounded in reality or think it is misplaced is irrelevant.  That talk happens all the time.  And because of that fact alone, we know a sacred trust is broken.

And so we as legislators must now act to begin the long, long overdue work of repairing that trust.  The work of setting a bright line of standardized conduct, and the good work of partnering with our law enforcement professionals to help them do what they want to do: hold accountable those who violate their sworn duties to protect and serve. This bill is not perfect.  I would be hard pressed to say anything we pass is perfect, but it is the right bill.  It is progress, and it is time.

The great author Toni Morrison once said, “The function, the very serious function of racism is distraction.  It keeps you from doing your work.  It keeps you explaining, over and over again.”   
Well the time for explaining is past. 

We have listened.  We have learned, and we have debated and we have voted on changes. 

Now we must act. 

I urge you to join me in voting in favor of this bill.”

Record Funding for Stoneham and Winchester in the FY17 House Budget

Recently, my colleagues and I passed the House budget for fiscal year 2017 (FY17). I am thrilled to share that this budget includes record funding for our district!

I thank my colleagues in the House for supporting my efforts to pass these appropriations for Stoneham and Winchester. With their support, I won approval for the funding of specific projects that would benefit us directly.

I successfully secured a direct appropriation of $50,000 for the town of Winchester; this funding would enable the town to build on work it has recently undertaken to revitalize and reshape Winchester’s historic town center by studying, planning and designing the restoration of the Aberjona Riverbank, which includes Mill Pond and Wedge Pond. Winchester residents have committed a considerable amount of their own resources and tax dollars towards efforts to mitigate flooding, remediate environmental contamination and re-zone the downtown area in order to bring greater economic development and recreational opportunities to our community.  This $50,000 in funds will help to catapult the process to the next level.

In addition, I carried an amendment that would provide Stoneham with $15,000 in funds dedicated to modernizing the Stoneham Fire Department’s sanitizing equipment, and a separate $9,000 that will enable the town to utilize a matching grant to complete restoration on the Town Hall’s historic organ.

In my conversations with Chief Grafton and our firefighters in the Stoneham Fire Department, it became clear to me that their current uniform and equipment sanitizing machines, which are 20 years old, are not properly removing the carcinogens from their gear after fighting fires. This $15,000 for new machinery is essential to address the avoidable, long-term health risks our first responders face.

Separately, $9,000 of approved funding will enable us to complete the restoration of Stoneham Town Hall’s historic town organ by utilizing the Eastern Massachusetts Chapter of the American Theatre Organ Society’s Matching Grant Program. Our Town Hall organ is familiar to all residents who attend Town Meeting. We already know it as one of the best sounding theatre organs in New England, but it has needed maintenance and repair work for some time.  The funds approved in the House Budget would finish repairs on the chamber and main console and remove harmful asbestos from the organ’s mechanics.

Augmenting these specific appropriations, the FY17 House budget includes record levels of local aid funding for both towns—including $3,971,684 in Chapter 70 education funding and $3,573,444 in unrestricted local aid for Stoneham, and $7,924,363 in Chapter 70 education funding, and $1,422,626 in unrestricted local aid for Winchester. 

I am happy with the work we have done in the House budget, particularly with the direct assistance coming back to our community. This budget reflects my commitment to provide our towns with increased state assistance and financial flexibility, and I appreciate the willingness of House leadership to engage and work with me towards that commitment.

Michael Endorsed by MA Teachers Association, Mass Equality, United Healthcare Workers and Many More

We have been very fortunate to receive the endorsements of a variety of groups and individuals in this campaign so far and have been sharing them on our Facebook and Twitter pages. Among the highlights we have announced so far:

  • Massachusetts Teachers Association
  • United Healthcare Workers
  • Mass Equality
  • IBEW Local 2222
  • Winchester Firefighters
  • Stoneham Firefighters
  • Brotherhood of Locomotive Engineers and Trainmen

Summer & Fall Internship Openings

The race for the 31st Middlesex District is in full swing, and we are currently interviewing qualified candidates for summer and fall internship positions with the campaign.

Do you have a passion for politics? Have you ever wondered what it’s like to work on a political campaign? Are you interested in gaining valuable real-world work experience in public service?  Would you like to play a substantive role in electing a progressive democrat to the State House?

If so, we would love to meet you!

Intern Responsibilities:

Never-ending coffee runs? Endless hours at the copy machine? Not here. As an intern for the Mike Day Campaign, you will participate in all aspects of managing a campaign for state representative. This includes:

• Coordination of campaign volunteers for visibility and district canvassing

• Grassroots voter outreach and phone banking

• Maintaining the campaign’s social media accounts

• Database maintenance and micro targeting

• Fundraising and event planning

• Special projects and administrative duties as assigned

Requirements:

A passion for bettering our local communities through public service. A commitment of at least five hours per week to the campaign. No prior campaign experience necessary.

Location:

Mike Day Campaign Headquarters at 632a Main Street in downtown Winchester, and various locations throughout the district – which includes all of Stoneham and Winchester.

To apply:

Please email your resume and a paragraph introducing yourself and explaining why are interested in the internship to the campaign’s Field Director, Patricia Leslie,

at Patricia@electmikeday.com.

 

Join Us at Scholars in Boston on June 19th

scholars-boston-bistro-cocktail-lounge

 

Please join us for a fundraiser in support of Michael Day for State Representative

Scholar’s
25 School Street
Boston, MA 02108

Suggested Contribution

$500 $250 $100 $50

For more information or to RSVP, contact Patricia at Patricia@electmikeday.com or click here.

Campaign Headquarters Opening: Sat., May 31

Please join us and State Senator Jason Lewis as we officially open our headquarters. Bring a friend and help us spread the word about the campaign!
Saturday, May 31st
3:00 PM
632 Main Street, Winchester

For more information, click here.

 

 

Join Us For Our Campaign Kickoff: May 21st, 2014

Join Michael Day for his campaign kickoff!

Wednesday, May 21st, 2014 | 7:00-9:00PM
Bear Hill Golf Club
2 North Street
Stoneham, MA