Charlie Baker Wants to Water Down the Police Reform Bill. Don’t Let Him.

Last week, the MA House and Senate passed their consensus version of a police reform bill, sending it to the Governor’s desk.

Baker had three options. (1) He could show that he cares about police accountability and listened to the activists demanding action and just sign it. (2) He could show that he doesn’t care and simply veto it. (3) Finally, he could again show that he doesn’t care, but by sending back amendments to weaken the bill.

He chose #3.

In his letter to the Legislature earlier today, Baker outlined a series of amendments that he is demanding that the Legislature pass. Each one would water down the progress made toward accountability and oversight. 

Here’s what they were–and why they should be rejected. 

  • Restoring the Municipal Police Training Committee: The Legislature’s bill takes the Municipal Police Training Committee from its current location in the Executive Office of Public Safety and Security (EOPSS) and places it under the oversight of the civilian-majority POST Commission. Baker argued that only police know best how to train police. If that were true, then we wouldn’t be seeing all of the problems that gave rise to the bill. Civilian oversight is necessary for real accountability and for any meaningful reform of the practice of policing.
  • Designating a Seat for Police Unions on the POST Commission: Baker insists that the Massachusetts Law Enforcement Policy Group be able to submit police union representatives for consideration for one of the law enforcement seats on the commission. Police unions have been bullying legislators and lying about the bill. They should not be rewarded for that with an opportunity to work against real oversight.
  • Removing the Ban on Facial Surveillance Technology: Facial surveillance technology is very racist and very dangerous. Baker wants to eliminate the ban on this tool and create more work for a commission to study it.
  • Weakening the Use of Force Regulations: Baker wants to strike the definitions in the bill for “imminent harm,” “necessary,” and “totality of circumstances” to make it easier for police officers to say that deadly force was justified.
  • Defining “Bias-Free Policing” out of Existence: The bill creates an affirmative right to bias-free policing, defined as “policing decisions made by and conduct of law enforcement officers that shall not consider a person’s race, ethnicity, sex, gender identity, sexual orientation, religion, mental or physical disability, immigration status or socioeconomic or professional level.” Baker wants to add exceptions large enough to exclude obvious cases of racial profiling.
  • Delaying the Bill: Baker wants to delay implementation of the bill until July, but as we all know, justice delayed is justice denied.

Let your legislators know that you oppose these amendments.

The MA Senate Can Pass a Better Budget Than the House

Last week, we highlighted the good, the bad, and the very ugly of the MA House’s budget.

This week, the MA Senate will be voting on its budget. And they have the opportunity to make it better.

The Senate Can Pass Stronger Language on Reproductive Rights

The House passed a slimmed down version of the ROE Act, which — although not as comprehensive as the ROE Act — has been celebrated by reproductive rights advocates as a major step forward.

Sen. Harriette Chandler’s Amendment 180 (ROE Act) offers even stronger protections for reproductive rights.

So far, Senators Jo Comerford, Cindy Creem, Julian Cyr, Jamie Eldridge, Cindy Friedman, and Becca Rausch have signed on.

If one of those senators is yours, thank them. If not, urge your senator to co-sponsor and vote for Amendment 180. (Find their contact info here.)

The Senate Can Pass Emergency Paid Sick Time

If you follow the news, you know we’re in store for a dark winter, as COVID-19 case numbers and death tolls are expected to rise.

Low-wage workers are our first line of defense against COVID-19, but they are feeling the greatest economic impact of the outbreak. Healthcare and long-term care workers, janitorial workers, food service workers, child care workers, municipal workers, adjunct faculty, gig workers, and others on the front lines are critical to supporting our communities during the OVID-19 outbreak.

But many of these front-line workers are struggling economically and lack basic economic protections including adequate paid sick time. No one who is sick should feel like they have to go to work or else they will lose their job. That’s bad for the economy and bad for public health.

Sen. Jason Lewis’s Amendment 360 (Emergency Paid Sick Time) would make sure that all workers have access to at least 10 days of job-protected sick leave during the COVID emergency. 

So far, Senators Jo Comerford, Diana DiZoglio, Paul Feeney, and Michael Moore have signed on.

If one of those senators is yours, thank them. If not, urge your senator to co-sponsor and vote for Amendment 360.

Your State Rep Probably Took a Bad Vote Yesterday. But They Can Take a Good One Tomorrow.

If we want to have an equitable recovery from the pandemic and the related recession, we need to invest in our public schools, our public infrastructure, our public health system, and our social safety net in all its forms.

And that requires money.

Unfortunately, the MA House hasn’t gotten the memo. The budget that it’s currently debating fails to deliver on the promises made in the Student Opportunity Act last year and shortchanges public services across the state.

Legislators have a choice of whether to invest in an equitable economic recovery or accept a dangerous trajectory that leaves the most vulnerable behind.

Yesterday, 127 state representatives chose the latter, voting against a common-sense amendment from Rep. Mike Connolly (D-Cambridge) to tax unearned income (income from non-retirement investments and other forms of asset ownership, such as stocks, bonds, and dividend and interest income) at a higher rate than earned income (income from wages and salaries, as well as pensions, annuities, 401k, IRAs, and other similar retirement accounts). Unearned income goes overwhelmingly to corporate shareholders and other high-income individuals, and a modest increase could generate significant sums of money to fund public services.

Here was the vote.

You should let your legislator know what you think of their vote. But there’s an opportunity for them to do better.

Your representative may have voted the wrong way yesterday. But they can still take progressive votes if the following amendments are brought to the floor.

Emergency Paid Sick Time 

Urge your state representative to support Amendment #231 — Emergency Paid Sick Time, which would provide ten additional work-days (80 hours) of job-protected emergency paid sick time for immediate use during the COVID-19 outbreak to workers not covered by federal emergency paid sick time protections.

Strengthening Reproductive Rights

Amendment #759 — Improved Access to Health Care would remove medically unnecessary barriers to abortion care. It doesn’t contain everything from the ROE Act, but it contains many vital provisions and would be a significant step forward. Voters have made clear that reproductive health care matters, and with abortion and other health care under threat from an anti-abortion Supreme Court, it’s time for Massachusetts to act.

You can also join the ROE coalition in a phone bank tonight or tomorrow night.

Find your state representative’s contact information here.

Fight for the Strongest Police Reform Bill

House and Senate Leadership have appointed a conference committee to reconcile their respective bills. The conference committee — Sen. Brownsberger, Sen. Sonia Chang Diaz, Sen. Tarr, Rep. Cronin, Rep. Gonzalez, and Rep. Whelan — will work on a consensus bill, which will have to be voted on and then sent to the Governor.

Please urge your legislators and Governor Charlie Baker to support the strongest bill possible.

From the SENATE Bill:

(1) Section 10, which enables victims of police abuse to seek redress in the courts

(2) Sections 34-40, which require transparency and public decision-making about local police acquisition of military equipment such as tanks, grenade launchers, and armored vehicles

(3) Section 37, which establishes a Justice Workforce Reinvestment Fund

(4) Section 49, which prohibits schools from transmitting to law enforcement personal information about students or their family members

(5) Section 50, which permits school superintendents to determine whether or not police should be assigned to local schools.

(6) Section 52, which bans racial and other profiling, requires data collection for all stops, frisks, and searches with, analysis, reporting, and accountability if the data demonstrates profiling

(7) Sections 59-61, which clarify that individuals petitioning for expungement may do so for more than one record and creates a limited, rather than indefinite, lookback period for expungement eligibility.

(8) Language in Section 55 – 2(f) that requires police to plan for de-escalation in advance of protests or gatherings

From the HOUSE bill:

(1) Section 2, which clarifies that law enforcement misconduct records are public records

(2) Section 25, which restricts government use of facial surveillance

(3) Section 78, which establishes reasonable safeguards around the use of no-knock warrants

(4) The definition of “choke hold” in Section 29

The House Can Strengthen Its Police Reform Bill

Black Lives Matter

Yesterday, the MA House released its police reform bill, and needless to say, we’re disappointed. Although there are some improvements on the Senate bill (stronger language on facial surveillance and chokeholds), the House punted on reforming qualified immunity, weakened language on reducing the school-to-prison pipeline, eliminated the Justice Reinvestment Fund, and dropped a whole section devoted to controlling the transfer of military equipment to police forces.

The House will be voting THIS WEEK, so your state rep needs to be hearing from YOU that you want a stronger bill. We’ve outlined some key amendments below. (Click here to contact your reps.)

Making Sure that Schools Are Safe & Welcoming Spaces

#1 (Sabadosa): Ensuring Public Accountability for School Policing, which provides school districts with discretion about whether or not to hire school resource officers

#88 (Elugardo): Protecting Students From Profiling, which disrupts the school-to-prison pipeline by preventing the transmission of student information to law enforcement agencies

Centering Public Safety around Community

#46 (Keefe): Justice Reinvestment and Workforce Development Fund, which would reallocate an equivalent sum of money from savings from the Department of Corrections into a fund for job training and workforce development for communities disproportionately targeted by the criminal-legal system

#71 (Sabadosa): Alternatives to Policing, which establishes a Community Emergency Response Team consisting of trained social workers under the Department of Public Health to divert certain 911 calls to

#166 (Vargas): Clarifying Expungement, which has the potential to remove major barriers for thousands of young people including access to jobs, housing, education, and other opportunities

#99 (Barber): Work and Family Mobility, which ensures that immigration status is not a barrier to obtaining a driver’s license

Demilitarizing Police & Strengthening Regulations on the Use of Force

#92 (Elugardo) Pre-Emptive De-Escalation, which requires police departments to make plans for de-escalation in advance of protests

#97 (Robinson): No-Knock Warrants, which bans the use of no-knock raids

#131 (Lewis): Restrictions on the Acquisition on Military Grade Controlled Property, which imposes limitations and democratic oversight requirements on the procurement of military weaponry by state and local enforcement

#194 (Robinson): Use of force tactics, which bans the use of rubber bullets and attack dogs by police

#200 (Connolly): Tear Gas, which bans the use of tear gas

Increasing Police Accountability

#77 (Vargas): Preponderance of Evidence as the Burden of Proof for License Suspension and Revocation, which changes the burden of proof used by the Massachusetts Police Standards and Training Commission to suspend/revoke licenses from “clear and convincing evidence” to “a preponderance of the evidence”

#100 (Provost): Addressing Direct Civil Rights Violations, ​which would allow victims of police brutality and other civil rights violations to bring claims in state court for direct violations of their rights — without having to prove that their rights were violated by means of threats, intimidation or coercion.

​#176 (Hecht): Reforming qualified immunity for law enforcement officers, which would enable victims of police brutality to hold officers accountable in court by allowing officers to claim immunity only if it was clearly established that their conduct was lawful.​

#210 (Malia): Officer identification, which requires all officers to have a badge with their name, identification number, and agency visible, with violations subject to suspension or other discipline

Independence of the Police Standards & Accreditation Commission

#95 (Robinson): Makeup of POSAC, which ensures that the civilian members of the commission are not family members of law enforcement

#96 (Robinson): Designation of POSAC Chair, which takes away the Governor’s ability to appoint the commission’s chair and allows the commission to appoint its own

#202 (Decker): Police Standards Commission, which eliminates the guaranteed law enforcement seats on the commission

Preventing a Gross Misallocation of Funds

#86 (Miranda): Prioritizing Social Equity Spending of Marijuana Revenue, which stipulates that if any money is redirected from the Marijuana Regulation Fund to the Police Training Fund, an equal or greater amount must be transferred to a social equity training and assistance fund

#94 (Robinson): Police Training Fund & #211 (Vega): Marijuana Regulation Fund, which strike the language redirecting funds from the Marijuana Regulation Fund to the Police Training Fund


Protecting the Human Rights of the Incarcerated

#2 (Sabadosa): Use of Force within the DOC, which would require the Department of Corrections and sheriffs’ offices to provide a commission on the use of force within prisons and jails with necessary documentation to conduct oversight

#98 (Sabadosa): Decarceration, which would require the release of individuals who are currently in pre-trial detainment or under incarceration if they are a member of a population deemed especially vulnerable by the CDC, are eligible for medical parole, are almost finished with their sentence, or are only being detained due to inability to pay bail or due to minor violations of parole

Go Big or Don’t Go Home

In a mere eleven days — on Friday, July 31st, at 11:59 pm — the legislative session in the Massachusetts State House comes to an end.

The bills that didn’t make it past the finish line this year will disappear into the ether or return like a phoenix from the ashes in January next year, only to face the same grueling process.

But there are many policies that can’t wait until January. Indeed, passing them now is already far later than should have been done. And, frankly, the Legislature shouldn’t get to leave session until they finish.

What priorities are we talking about?

  • Passing the Safe Communities Act so that state and local law enforcement aren’t being deputized as ICE agents
  • Passing the Work and Family Mobility Act because mobility is a basic right, regardless of one’s citizenship status
  • Passing the ROE Act because MA needs to strengthen reproductive rights here at home as they remain under attack on the federal level
  • Passing the 100% Renewable Energy Act because we can’t keep stumbling forward into climate chaos
  • Passing Emergency Paid Sick Time so that no worker has to choose between their health and their job security
  • Passing guaranteed housing stability for at least one more year ​because if we want people to stay at home, they need a home to go back to
  • Passing a budget that raises Progressive Revenue by making sure that corporations and the rich are paying their fair share

The Legislature can’t keep punting session after session and patting themselves on the back.

Can you call or email your state legislators about taking real action before the session ends — or staying in until they do?

Go Big or Don't Go Home

Take Action: The Senate Votes Tomorrow on Policing Reform

Black Lives Matter

Tomorrow, the MA Senate will be voting on a bill to reform how policing is done in Massachusetts.

Although it contains many important provisions, it also leaves far too much on the table, and it contains language that undercuts the ability of the reforms to provide meaningful change.

Here’s how you can help.

Tell your senator to support Amendments #10, 21, 27, 31, 37, 64, 65, 67, 75, 81, 108, 113, and 119. These amendments will reinvest in communities, limit the scope and presence of police, ban dangerous police tactics, and protect the rights of the incarcerated.

Find their number here and give them a call.

Tweet at them to support the amendments.

Send them an email in support of these amendments.

What These Amendments Do

Reinvesting in Communities

#81: Removing The Cap On Justice Reinvestment (Jehlen): The bill reinvests money from the Department of Corrections into a fund for job training and workforce development for communities disproportionately targeted by the criminal-legal system. The fund, based on the savings produced by reduced incarceration rates, could reach as high as $38 million a year, but the bill caps the fund at $10 million. This amendment would remove the cap.

Limiting the Scope & Presence of Police

Amendment #10: Promoting racial justice by decriminalizing homelessness (Rausch), which guarantees the right of those experiencing homelessness to use public spaces in the same manner as any other person without discrimination based on their housing status

Amendment #31: Banning pretextual stops (Chandler), which prohibits a practice too often employed by police to harass Black and Brown drivers

Amendment #108: Protecting Students from Profiling (Jehlen), which disrupts the school-to-prison pipeline by preventing the transmission of student information to a Fusion Center, the Boston Regional Intelligence Center, or any other agency that keeps a gang database

Banning dangerous police tactics

Amendment #64: Relative to Facial recognition (Creem): The Senate bill bans the use of facial surveillance for law enforcement for only one year. This amendment extends that ban until legislation is passed to implement such a ban permanently.

Amendment #65: Banning tear gas and other chemical weapons (Rausch): The Senate bill bill allows tear gas to be used in certain circumstances, offering no real deterrent to its use. Police should never use tear gas or chemical weapons against civilians. This amendment would prohibit the use of tear gas and chemical weapons altogether.

Amendment #67: Banning choke holds (Eldridge): Under the extremely narrow definition in the bill, the restraint used against George Floyd could be found lawful until the moment he was rendered unconscious and killed. This amendment clarifies that all neck restraints are prohibited.

Amendment #75: Clarifying the Reasonableness of an Officer’s Actions (Eldridge), which creates a higher standard for the use of force

Amendment #119: Banning no-knock warrants (Hinds): The Senate bill allows no-knock warrants in certain circumstances. Breonna Taylor was murdered after police broke down her front door without warning in the middle of the night under the auspices of a no-knock warrant, and no-knock warrants are disproportionately used to terrorize Black and Brown communities. This amendment would ban them altogether.

Protecting the Rights of the Incarcerated

Amendment #21: Strengthening visitation of incarcerated persons (Rausch), which removes harmful limitations on visitation imposed by the Department of Corrections

Amendment #27: Correctional Officers (Eldridge), which prevents decertified officers from working in prisons and jails

Amendment #37: Transitional Assistance for Wrongfully Convicted Persons (Jehlen), which guarantees $5,000 in transitional financial assistance as well as access to physical and mental health services upon release for those who have been wrongfully convicted

Amendment #113: Prison Use of Force Records (Eldridge), which ensures that an inmate and the inmate’s legally designated representative shall have the right to obtain a copy of all records relating to any use of force incident involving the inmate

Take Action: Extend Sick Time. Extend the Eviction Moratorium. Extend the Session.

COVID graphic

TL;DR: Tell your legislators to extend paid sick time, extend the eviction moratorium, and extend the legislative session.

Today marks Phase 3 of Republican Governor Charlie Baker’s reopening plan. That means that movie theaters (??), casinos (??), and gyms (??!?) are allowed to reopen today — even as states around the country are seeing resurgences of the COVID-19 outbreak.

And to make matters worse, this reopening is happening without any new, enforceable protections for workers.

If we want to have a successful, equitable recovery, then workers who are sick or are taking care of loved ones need to be able to stay home without fear of losing their job. Massachusetts’s 2014 earned sick time law does not provide enough hours to meet the scale of the crisis, and the federal Families First Coronavirus Response Act has big coverage gaps that leave millions of front-line workers without paid sick time.

Massachusetts needs to pass Emergency Paid Sick Time legislation to ensure that all workers can take paid sick time during this crisis.

And for people to be able to stay home, they need a home to go back to. The eviction and foreclosure moratorium signed in April is set to expire next month, August 18. That means that, if the Legislature does not take action, working-class families across the state could face a wave of evictions during a possible COVID resurgence.

Evictions and foreclosures are bad for public health in the best of times. They are even more dangerous now, and the instability and insecurity is likely to hit Black and Brown families the hardest.

But, again the Legislature can take action here by extending the eviction/foreclosure moratorium, expanding mortgage deferment protections, and stabilizing both renters and small property owners.

And time is short. The Legislative session is set to end at the end of the month. If the Legislature does not finish the vital business of protecting workers and addressing the backlog of important pre-COVID legislative priorities, then legislators should stay in session until they finish.

Here’s where you come in.

(1) Call your legislators in support of these two bills & call on them to support extending the legislative session:

  • S.2701 / H.4700: An Act relative to emergency paid sick time
  • SD.2992 / HD.5166: An Act to guarantee housing stability during the COVID-19 emergency and recovery 

(2) Email your legislators in support of these bills and extending the session.

(3) Share this email with five friends.

Take Action: Protecting Reproductive Rights Here in MA

ROE Act

Yesterday, in a win for reproductive freedom, the U.S. Supreme Court struck down a Louisiana law that was designed to close abortion clinics and cut off access to care. This decision affirms that people should not be forced to jump through medically unnecessary hoops to access basic medical care.

But Louisiana isn’t the only state with barriers to care. In Massachusetts, young people seeking abortion are forced to go to court to plead their case to a judge, and families who receive a lethal fetal diagnosis later in pregnancy must travel across the country for abortion care.

That’s why the Massachusetts Legislature needs to pass the ROE Act this session. The ROE Act (S1209/H3320) will make sure that everyone, regardless of income, age, or insurance, can receive necessary abortion care.

Can you email your state legislators today to ask them to priortize the ROE Act?

This is an equity issue. History shows us that wealthy white women have found ways to get abortion care, no matter the barriers.. Women of color, especially Black and brown women, LGBTQ+ people, and people with low incomes, are disproportionately impacted by the political games that corrode abortion access. The Commonwealth can remove harmful barriers to care, support our health care providers, and be a true leader on reproductive freedom by passing the ROE Act. 

Please contact your lawmakers today to ask them to lead Massachusetts forward by passing the ROE Act.

Just Mail Everyone a Ballot

On June 4, the MA House advanced a bill to expand opportunities to vote by mail and vote early in light of COVID-19 (Read about the good and the bad of the bill here.)

Now, it’s the Senate’s time to vote, and that means another opportunity to improve the bill–to make it better for voting access and better for public health.

That’s why we’re supporting the following amendments:

#1 (Rausch): Automatic Ballot Delivery for the General Election, which would automatically mail general election early voting ballots to every active registered voter in the Commonwealth

#3 (Lesser): Strengthening mail ballot request online portal, which strengthens the bill’s language establishing an online portal for absentee ballot requests

#6 (Chandler): Creating a Timely Online Ballot Request Portal, which would ensure that the early voting portal is available for the primary election as well as the general, as is included in the House version

#7 (Chang-Diaz): Voting Accessibility, which requires the necessary accommodations for individuals with disabilities to be able to vote by mail

#8 (Hinds): Ballots Mailed by Election Day, which ensures that ballots mailed by Election Day will be counted

#15 (Eldridge): Same Day Registration, which establishes same-day voter registration for all 2020 elections.

#20 (Eldridge): Safeguarding equity and access when making changes to polling places, which requires cities and towns to make specific findings when changing polling places, including that doing so would not have a disparate adverse impact on access to the polls on the basis of race, national origin, disability, income, or age, and increases the notice period for changed polling location from 15 to 20 days.

#23 (Rausch): Voter education and outreach, which requires Secretary Galvin to conduct a public awareness campaign promoting the new and expanded early voting and mail voting procedures included in the bill.

#24 (Eldridge): Guaranteeing Safe, Accessible, and Fair Elections For All, which strengthens the protections of and guidance around safe in-person voting

#35 (Cyr): Language Access, which requires transliteration of all candidates’ names as part of the bilingual ballot (for all translated ballots in languages not using Roman alphabet) and requires all candidates to be provided with written copy of transliteration

Send an email to your state senator here.