Committee Report - Finance - 6-29-20 — File 210386

Finance Committee Page 1 of 6 Printed 7/6/2020 June 29, 2020 REPORT OF THE FINANCE COMMITTEE Attendee Name Title Status Arrived Jefferson Thomas ("J.T.") Scott Chair Present Katjana Ballantyne Vice Chair Present William A. White Jr. City Councilor At Large Present Mary Jo Rossetti City Councilor at Large Present Wilfred N. Mbah City Councilor at Large Present Matthew McLaughlin Ward One City Councilor Absent Ben Ewen-Campen Ward Three City Councilor Present Jesse Clingan Ward Four City Councilor Present Mark Niedergang Ward Five City Councilor Present Lance L. Davis Ward Six City Councilor Present Kristen Strezo City Councilor at Large Present Others present: Michael Mastrobuoni - SomerStat, Chief David Fallon - SPD, Patti Contente, Joseph Curtatone - Mayor, Annie Connor - Legislative Affairs, Khushbu Webber - Legislative Liaison, Peter Forcellese - Legislative Clerk. The meeting took place virtually via GoToWebinar and was called to order at 6:04 PM by Chairman Scott and adjourned at 12:14 PM on a Roll Call votes of 10 in favor (Councilors Clingan, Mbah, White, Rossetti, Strezo, Niedergang, Davis, Ewen-Campen, Ballantyne and Scott), none against and 1 absent (Councilor McLaughlin). Councilor McLaughlin was recused from all discussion and votes on the Police Department budget. 1. Review of the FY-21 Budget Chief Fallon reviewed the department’s organizational chart and noted that it contains 2 less sworn officers than last year. He covered the structure and responsibilities of the Patrol Division, the Traffic Bureau and the Detective Division and said that the Somerville Police Department (SPD) responds to more than 40,000 community issues per year. One in three responses are for directed patrols and traffic enforcement. The top 20 issues of calls for service were reviewed, with the top 2 being medical and traffic incidents. An average of 500 domestic disturbance calls are received each year by the department and the response to these calls requires 2 patrol officers and a supervisor. Ms. Contente, a Licenses Social Worker, spoke about the Community Outreach, Help and Recovery (COHR) program. This is a civilian clinical unit comprised of 5 full time staff, 1 part

Finance Committee Page 2 of 6 Printed 7/6/2020 time recovery coach and 4 interns. The majority of referrals come from police officers and include both criminal and non-criminal cases. The unit's key elements are Community Outreach and Direct Service, Crisis Intervention Team Training and Technical Assistance Center and an Overdose After Care Team. In 2019, the Police Department received 417 mental health related calls and 33% of the calls were from a medical provider, emergency response team, clinic or social service provider. Chief Fallon explained why the current staffing level is needed. There are 6 vacancies which need to be filled to provide the level of service expected from the community. The vacancies in the detective bureau contribute to an increased caseload and reduced staffing limits the ability to backfill important shifts. He asked that the Councilors approve the appointments coming before them, which will also include a non-citizen. Somerville has the fewest officers per capita when compared to other neighboring communities. He asked that staffing levels not be cut and that the Council stand with the Police to continue to reform the department. Mayor Curtatone spoke about the Racial and Social Justice (RSJ) Project and told the committee that $750,000 has been reallocated from the Police Department budget to the RSJ. The mayor said that the cuts to the SPD budget are larger than last year, as a percentage to the total budget. He reviewed the timeline for the RSJ and said that it's important to move forward in a safe manner to make the contemplated changes. The mayor also noted that the city can't steam roll over union contracts to make changes. Negotiations will take time. Bringing all parties to the table will build on the changes made to the SPD over the past 20+ years. Councilor Rossetti said that she has been monitoring the grants received since July 1, 2019 and found that the SPD received $1.5 million in grants with $690,171 being repetitive grants. She suggested possibly putting these funds into a stabilization fund. Councilor Ballantyne asked if any of the grants paid for SPD salaries and Councilor Rossetti affirmed that they paid for E911 salaries, however Chief Fallon doesn't believe that the grants were used for salaries, with the exception of the COHR program. Councilor Mbah said that violence against black people goes back to the times of slavery and he acknowledged the compassion of the speakers at last week's public hearing on the FY21 budget. He said that he is speaking for people of color in their efforts to stop violence against them. He is grateful for the work of the SPD and the Council, but there is still a way to go. He believes that police details should cease. He asked Chief Fallon about his metrics for public safety and SPD success. The chief said that the goal is to provide public safety of all members of the city, without bias. Stakeholder meetings with the community and SPD, help to build a stronger police culture. He said that he hears the calls for change and that he wants to be part of creating change. Councilor Mbah asked who reviews the chief's performance and the Mayor said that he does, noting that any salary increases must be approved by the council and that the council is the confirming body for appointments. Ms. Contente explained how officers receive CIT training and noted that many officers realize that this is another tool for them to utilize in the performance of their duties. About 50% of officers have received the training, however, since the training is regional, it's difficult to meet the goal of getting all officers trained. She said that officers are more than qualified and capable to determine if someone needs hospitalization. She explained the low numbers for the Jail Diversion Program. Councilor Mbah asked about the types of calls coming into the SPD and Chief Fallon referred back to a slide in the presentation he gave earlier tonight. Mayor Curtatone replied to a question from Councilor Mbah's about the Police Advisory Group, saying that since

Finance Committee Page 3 of 6 Printed 7/6/2020 their recommendations have been implemented, the group was disbanded. Councilor Ewen-Campen spoke about a survey that said Somerville was ahead of the curve on triaging 911 calls. Chief Fallon said that the SPD dispatches officer to all medical and mental health emergencies. Councilor Ewen-Campen asked about the STEPS program and spoke about a favorable letter received from a constituent. The councilor asked if it was aligned with the STEPS program to have officers monitor the social media feeds of their mentees and the chief said that he would look into the matter to determine if an officer overstepped his boundaries. Councilor White asked if layoffs would be ‘last in, first out,’ and the mayor said that would be the case. Councilor White asked if the city would lose its diversity in the event of a reduction in staff and the mayor said that some scenarios would be put together for the committee on this concern. Councilor Strezo inquired about the cadet program and Chief Fallon explained the program and said that it has been put on hold for the time being since it's not currently funded. Councilor Davis asked about the RSJ timeline and whether the mayor and chief are committed to a civilian oversight committee with a full range of powers, including subpoena powers. Both acknowledged that they were. Councilor Ballantyne commented that some of her constituents in public housing are concerned about cuts to the police budget and how those cuts might affect them, although they don't mind the idea of a restructured and changed department. She asked the mayor if he would support having officers in the Health Department and he replied that all options should be explored. Councilor Clingan said that he's been receiving complimentary comments about the SPD, but he's willing to keep an open mind about reforms. He's not in favor of cutting the police budget just for the sake of cutting it. Councilor Mbah spoke about the cadet program and asked if it could be moved under the umbrella of the RSJ project. Mayor Curtatone said that some aspects of it may be, but the city is trying to find ways to get greater diversity in the applicant pool. He would like the RSJ to have input on this and Chief Fallon agreed. Chair Scott asked Ms. Contente to speak a bit more about how people are placed into the system to receive services. He also asked if school resource officers are required to be sworn officers, by law. The chief believes that there must be 1 sworn officer on site, but he will research this and provide an answer. Chair Scott also asked about the STEPS program and if would be continued or substantially modified. The mayor said that all voices need to be brought to the table to make sure that all the stories are being heard. Chair Scott spoke about accountability and asked for a status on any disciplinary action taken as a result of the Straight Pride parade incident in Boston. Chief Fallon said an after-action report was posted online and that the city received only 1 complaint in writing regarding the incident. Further action has been slowed due to the COVID-19 pandemic. Chair Scott also said that he disputes the claim that the staffing level of the SPD has decreased over the past several years. The committee recessed at 8:44 PM and reconvened at 8:50 PM. Councilor Mbah inquired about school resource officers and Chief Fallon said that SPD communicates with the School Department about all incidents to determine what is best for the student(s). Councilor Niedergang said that he wants to focus on staffing levels in the SPD and wants to examine its budget based on the needs of the community. Since 1986, crime is down 69% and he thinks that this is the context to look at when considering budget cuts. He believes that department cuts can be made without affecting the addition of new officers.

Finance Committee Page 4 of 6 Printed 7/6/2020 Chair Scott passed the gavel to Vice Chair Ballantyne so that he could make some comments about his assumptions of what a 60% reduction in the SPD budget would look like. It would involve making a wholesale change in the department in the next 3 months. He said the urgency depends on how much we think our house is on fire. He reiterated that the council cannot reallocate fund, but he offered his memo as one possible scenario of what a 60% budget reduction would look like. Councilor Scott resumed as Chair. Councilor Niedergang appreciates the effort but thinks that it's too much too soon. He then spoke about his plan to reduce the SPD budget without causing any layoffs, noting that there is a hiring freeze ongoing. His plan calls for not filling the 6 vacant positions and several positions that will become vacant next year. He thinks that there are other pressing needs where the savings could be used. Councilor Niedergang is not in favor of cutting patrol officer on the street but he does feels that the SPD is top-heavy with administration. He suggested that it might be an opportune time for the city to offer a buyout within the department, freeing up funds for other departments, e.g., housing. The total of his proposed cuts is $1,820,237.38. Councilor White wondered if the proposal was sent to the mayor for his consideration. Councilor Niedergang said that it was sent to the mayor and other staff in the city. Mayor Curtatone stated that he would consider any proposals made by the City Council and will act in the best interest of the public. If drastic cuts are made, he has a concern of the fallout for the SPD. Councilor Clingan asked for an explanation of the supervisory levels in the department. Chief Fallon said that those levels are judicious and are in place to ensure accountability. Maintaining accreditation requires more supervision as does Vision Zero. Chief Fallon said the proposed changes would dramatically change the department and could increase response times to 20 minutes. Councilor Clingan asked if supervisory staff reductions could trickle down to patrol officers and the chief stated that he would need some guidance on answering that question. Councilor Ewen-Campen supports expanding and reinvesting in under-funded departments. Councilor White believes that there are minimum staffing levels for superior officers according to the collective bargaining agreement, but Ms. Webber clarified that the Superior Officers collective bargaining agreement does not specify staffing levels. Councilor Ballantyne asked Councilor Niedergang to elaborate on his method for proposing his cuts and he replied that he examined historical staffing levels and the crime rate in the city. Councilor Ballantyne is willing to have the discussion but would prefer to have it based on need and the impacts of shifting personnel. Councilor Ballantyne said that the Fire Department has a higher ratio of supervisors to firefighters that the SPD. Councilor Niedergang offered another suggestion to reduce the SPD budget by cutting 1 Deputy Chief and 6 vacant patrol positions. Chair Scott asked the mayor if there is a significant cut to the SPD budget, if he would pursue a one-time buyout. The mayor said that the law would be followed in the event of reduction if force (RIF) and that the weight might trickle down to the most recently hired. Chair Scott said that the implementation of changes to the Police Department must be made in concert with the community. Councilor Mbah commented that the mayor's response scares him and he motioned cutting $800,000 from the SPD overtime budget line number 513000). Chief Fallon estimates that the minimal overtime amount needed will be $1.3 million for the year. Councilor Niedergang is willing to support a cut of $100,000 in the overtime line. Ms. Connor provided information that the JLMC requires all details to be filled by sworn officers, per a 2016 decision. Chair Scott gave his thoughts on Councilor Mbah's motion.

Finance Committee Page 5 of 6 Printed 7/6/2020 The motion failed on a Roll Call vote of 3 in Favor (Councilors Clingan, Mbah and Scott) to 7 against (Councilors White, Rossetti, Strezo, Niedergang, Davis, Ewen-Campen, Ballantyne) and 1 absent (Councilor McLaughlin) Councilor Niedergang made a motion to reduce line number 511000 by $1,180,500 Councilor Clingan asked if there are patrol officers scheduled to be hired and Chief Fallon responded that there is an academy start date on July 27th, but the names have not been submitted to the council yet. Councilor Rossetti explained that she was advised that there would be 16 recruits being submitted to the council in March or April, even though there was a hiring freeze. The names have yet to be submitted. Chair Scott asked if the names would be for the reserve list or for direct hiring to the police force. Chief Fallon believes that the candidates have received conditional offers of employment, but he will verify this in the morning. Ms. Connor stated that there are 10 recruits and they will be going to the reserve list. Chief Fallon said the intention was to put 10 on the reserve list but only 6 candidates could be secured by the hiring process. These would be for the 6 vacant positions as there are currently no names on the reserve list. The committee recessed at 11:21 PM and reconvened at 11:27 PM. Councilor Ewen-Campen supports the motion on the floor and spoke about remarks he made during last year's budget process. He thinks this is a hard vote as the council can't define which positions might get cut. Councilor Davis supports the motion. Councilor Strezo is not in favor of potentially cutting 6 patrol officer positions. Councilor Clingan noted that the recruits would remain on the reserve list even if the positions are cut and he is in favor of the motion. Councilor Rossetti is against this motion and will propose a $650,000 cut to the salaries line number 511000, if the motion fails. Councilor Ballantyne is against this motion on the floor. Councilor White thinks this could have an effect on people of color in the community and he can't support potentially cutting 6 patrol positions. Councilor Clingan asked the chief for the number of possible retirements coming in the very near future and Chief Fallon said that it might be 6, but he can't guarantee the number, noting that nobody has maxed out at this point in time. Councilor Clingan now will not support the motion on the floor. Councilor Niedergang gave his arguments for making the motion and said that the administration has said that 8+ individuals would be retiring. Chair Scott supports the motion on the floor and has confidence to execute the cut in an appropriate manner. The motion failed on a Roll Call vote of 4 in Favor (Councilors Niedergang, Davis, Ewen- Campen, Scott) to 6 against (Councilors Clingan, Mbah, White, Rossetti, Strezo, Ballantyne) and 1 absent (Councilor McLaughlin) Councilor Rossetti made a motion to reduce line number 511000 by $650,000. The motion was approved on a Roll Call vote of 10 in favor (Councilors Clingan, Mbah, White, Rossetti, Strezo, Niedergang, Davis, Ewen-Campen, Ballantyne and Scott), none against and 1 absent (Councilor McLaughlin). Chair Scott made a motion that the Mayor return with an amended budget reflecting an allocation of the cut funds to the Racial and Social Justice Program or to other badly needed city services.

Finance Committee Page 6 of 6 Printed 7/6/2020 The motion was approved on a Roll Call vote of 10 in favor (Councilors Clingan, Mbah, White, Rossetti, Strezo, Niedergang, Davis, Ewen-Campen, Ballantyne and Scott), none against and 1 absent (Councilor McLaughlin). Councilor Davis made a motion that the Administration work collaboratively with the City Council without delay to work on substantial and meaningful reforms to law enforcement within the City of Somerville to include, without limitation, the establishment of a Civilian Review Board and reimaging an approach to policing that involves civilian responses to matters that are currently addressed by the Police Department. The motion was approved on a Roll Call vote of 10 in favor (Councilors Clingan, Mbah, White, Rossetti, Strezo, Niedergang, Davis, Ewen-Campen, Ballantyne and Scott), none against and 1 absent (Councilor McLaughlin). Mayor stated that he will prepare an amended budget to re-appropriate the funds. Councilor Rossetti commented that the OM lines have not yet been discussed. Chair Scott suggested taking it up on Thursday and changing the regular meeting to a committee of the whole. 2. Police Department Budget Unfinished Business 3. Motion by Councilor Rossetti to reduce line number 571001 (In State Conferences) in the City Council Budget by $1,199.00 The motion was tabled by the Finance Committee on June 22, 2020. Handouts: • Copy of Q1 2020 CFS by Day and Hour • FY21 SPD Budget Presentation Final 20.06.29 • RSJ Project summary • UPDATED CC requests for SPD info - responses • Proposed SPD Budget cuts FY 2021 (M Niedergang) • REFLECTING ON THE DEMANDS OF #DefundSPD (JT Scott)