Among the agenda items addressed at the latest meeting of the City Council Legislative Matters Committee was discussions pertaining to police officer hiring policies.

By Joe Creason

The Legislative Matters Committee held a meeting on Wednesday, March 18, to discuss pending issues on the city’s agenda. Many of the Committee items being discussed this past week focused topics of public safety, health and the police.

A gas-powered leaf blowing ordinance, largely based on legislation from the Cambridge City Council, would regulate Somerville residents’ use of gas-powered leaf blowers. The proposed ordinance would outline parameters for dates and times of usage as well as specifications indicating that noise should not exceed 70 decibels.

There was extensive debate between members of the City Council and City Administration on agenda items relevant to the Somerville Police Department. Members of the Administration had reservations on a number of details within the legislation around proposed changes to the police hiring process and the use of non-lethal force, including chemical crowd control.

Legislation was proposed to amend the hiring process and the Police Reserve List. The reserve list is a feature present with many municipal police departments to expedite the vetting and on-boarding process for new officers. State and federal regulations require prospective police officers to undergo a series of evaluations which may take weeks to process.

The reserve list, for both the Somerville Police and Fire Department, consists of individuals who have already completed the initial phase of evaluations which usually can take up to four months to process. The main concern for City Councilors looking to amend the hiring procedure is that certain officers may occupy the list for years without giving opportunities to other hopeful candidates.

“It is difficult for the administration to support this legislation with regards to the reserve list due to concerns for individuals who are already at varying stages in the hiring process and the fact that it is unspecified what would happen to those individuals,” said City Solicitor Shannon Phillips.

Another major area of debate between the City Council and the Administration was on the regulation of non-lethal force. While Police Chief Charles Femino was supportive of the provision banning the use of tear gas on crowds, there were objections to increasing regulation on other chemical crowd control agents.

“The biggest outstanding issue with the administration is on the regulation of pepper spray,” said Ward 3 Councilor Ben Ewen-Campen. “The language states that the decision to use pepper spray is at the discretion of the individual police officer.”

Regulations in the ordinance outline circumstances in which the use of pepper spray by an officer is appropriate, including being a witness to ongoing acts of violence, property destruction, or eminent threat with a weapon. Attempts must be made to deescalate the situation before using pepper spray, except in case of immediate death or serious injury.

In a legal memorandum presented by City Solicitor Phillips, questions were raised with regards to the ordinance and the Police Chief having authoritative power over what the appropriate use of force in certain circumstances.

The memorandum also pointed out the potential for the proposed ordinance to potentially create an abundance of liabilities for the city by making police officers more vulnerable to legal action.

The ordinance on chemical crowd control will remain in committee for further discussion.