Passing The House Police Reform Bill - State Representative Mike Day

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.

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.

Now we must act.

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

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.

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.

Now we must act.

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

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