Transparency fight dominates BOA meeting as police chief defends department

On April 29, 2009, in Uncategorized, by The News Staff


By Tom Nash

A
dispute over government transparency stemming from accusations of
police misconduct turned hostile at the Board of Aldermen's April 23
meeting, with Ward 6 Alderman Rebekah Gewirtz accusing Ward 1 Alderman
Bill Roche of making it personal.

The issue began in March
when Roche proposed a resolution commending the Somerville Police
Department in response to accusations of police brutality that appeared
in the Somerville Journal.

Gewirtz, concerned about language in
the resolution that appeared to exclude non-citizens from police
protection, distributed it on her e-mail list. The strong reaction that
followed upset Roche, who earlier in April asked the city solicitor to
find out if resolutions and citations could be kept from public view
until they appear on the agenda.

Meanwhile, Police Chief Anthony
Holloway investigated the incident reported in the Journal in March
that alleged Officer Michael Silva used excessive force when he stopped
six teenagers after a fistfight and accused them of being gang members.

Holloway,
presenting his findings at the April 23 meeting, said Silva used
appropriate force with the teens because he was alone and "had
knowledge of three subjects" related to the Latin Kings gang.

All
denied having gang activity or criminal pasts to the Journal, while
Holloway countered that one later admitted he had once been a member.
Given the nature of the department's gang intelligence file, Holloway
said Silva did not know of the status change.

Holloway said he
found allegations of inappropriate language sustained, and that he had
"verbally counseled" Silva. Department policy has also been changed so
that officers cannot refer to suspects as gang members without
verification.

Holloway stressed that in situations like the one Silva faced, he considered officers' safety a priority.

"I want these officers to go home every night safe," Holloway said.

Returning
to the resolution commending the police, Roche dismissed the situation
as having been provoked unnecessarily by the Journal.

"They were more interested in a fast story than a factual story," Roche said, "and I think they should be ashamed of themselves.

"It's
OK if a newspaper sensationalizes a story and spins it for conflict,
because that's how they sell papers," he added. "You don't expect it
from your colleagues on this board."

Thursday's exchange became
so heated that Alderman at Large Jack Connolly declared a recess,
although the fight loudly continued.

"You're trying to make it about me," Gewirtz told Roche.

Roche
later circulated a spreadsheet of legislative activity since 2008,
noting Gewirtz had submitted 19 resolutions as the sole sponsor in the
last 12 months – without sharing them before the meeting.

"The numbers speak for themselves," Roche said. "People should practice what they preach."

"If
ever I have passed out or sent out a resolution to other members of the
board or put it on the agenda, I would have every expectation that that
would be public," Gewirtz responded.

Ward 5 Alderman Sean
O'Donovan later joined the fray, sharply criticizing Gewirtz and
suggesting she should be left out of the loop on resolutions.

"The
collegiality that I experienced on this board as of late is now gone,"
O'Donovan said. "I think a new day is upon us, where we have to be
careful discussing issues that maybe haven't been finalized in a
member's mind."

"What you're going to have to do now is exclude certain members when you do that," he added.

Following
the fighting, the resolution wound up being sent to the Committee on
Public Health and Public Safety after Alderman at Large Bill White
expressed concern that it could open the city to civil rights lawsuits
if it were implied that complaints against the police would not be
investigated thoroughly.

The issue of whether e-mail
communications among board members can be kept secret will be addressed
at the May 18 Rules Committee meeting.

 

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