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Pittsfield Police Advisory Board Reviewing Force Policies

By Jack GuerinoiBerkshires Staff
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The Police Advisory Board is looking into policies regarding use of force by officers.
PITTSFIELD, Mass. — The Police Advisory and Review Board held an emergency meeting Tuesday to go over the the current law enforcement landscape, current policies in the city, and possible changes for the future  
 
"I felt that it was important for this board to at least meet during this time," Chairwoman Ellen Maxon said during the remotely held meeting.
 
Questions about policing have been on the minds of many residents following weeks of worldwide protests over the death of George Floyd in Minneapolis at the hands of police. On Sunday, Police Chief Michael Wynn marched with clergy and citizens at a Pittsfield protest and pledged to work with the community.
 
The board wanted to discuss use-of-force policies and officer intervention. Wynn said a duty-to-intercede policy was added to the department in 2018.
 
"As we all know that has become the conversation around the murder of George Floyd," he said. "Why didn't the other officers do something? But our policies are clear."  
 
Floyd was visibly in distress when one officer, now charged with his murder, held him down by a knee on his neck. Bystanders recording the incident pleaded with at least three other officers to intervene; they did not. 
 
If a Pittsfield officer witnesses another officer using force beyond what is objectively reasonable in a situation, he or she is expected to intervene when able and report the incident to a supervisor, Wynn said. Failing to do so has consequences. 
 
"That was the single most significant change I have seen in the use-of-force policy in my tenure as a police officer," he said. "That was major, that was a significant sea shift for us."
 
When asked if the policy was working, the chief said officers follow through on reporting and "call each other out" when needed.
 
He explained other practices: when an officer brings somebody in to be booked after a tense situation, other officers, who do not have an emotional connection to the person, intervene. In the past, a fight could continue into the Police Department. 
 
The board quickly touched on choke holds and strangle holds and member Drew Herzig said although these tactics are not in the state curriculum they are not banned. 
 
"It is not enough to say we don't teach it," he said. "We have to say we are looking to ban it."
 
The board agreed to discuss a possible ban on these defensive tactics and enforcement measures at the next meeting.
 
The members also asked Wynn questions in relation to Monday night's budget hearing, during which the City Council moved $85,000 from the patrol officer line item to a new line item that would allow the expansion of the department's relationship with the Brien Center.
 
Currently, the police utilize one clinician who responds with officers to calls that may involve individuals with mental illness or the need for added diffusion. 
 
Mayor Linda Tyer said she felt strongly about this expansion of the partnership with the Brien Center and that it should allow the police to bring on two more clinicians.
 
"I was quite pleased that the City Council made that recommendation and it was supported by myself and Chief Wynn," Tyer said. "This is sort of an expansion of what we are already doing."
 
Wynn said this expansion cannot happen without some planning and noted it was a last-minute change that will take some consideration. He said although they have had ongoing conversations with the Brien Center, the center, too, has staffing challenges.
 
"We only have him 40 hours a week and we would love to have more so we will have to figure this out," he said of the current clinician. "But we don't know if they can provide more people, so this is very much a first step."
 
Tyer reiterated that the new clinicians will not be city employees and that money would be scheduled under a professional services line item.
 
More broadly, Tyer saw this as an opportunity to explore further relationships like the one with the Brien Center. She said there is also the opportunity to look at the Police Department internally to review policies, procedures, and the expansion of non-enforcement services.
 
Wynn said this is welcomed and noted he felt the majority of officers do not want to be the first person at some of these calls.
 
"Police officers for the most part would be very happy to divert some of these services so we could go back to regular investigating and public safety work," he said.  
 
The board members asked where they fit into this and Tyer said they will be critical in exploring enhancements and advocating for changes. She saw no reason to create a new committee and felt they would only need to possibly call on experts for specific conversations.
 
"What is the right model for our city? I am very intrigued by this ... and I want to spend some time to figure out what is right for our city and what is right for the police officers," Tyer said. "They have to be able to intersect seamlessly."
 
She noted that any such expansion would likely require more funding.
 
"I can say for myself as the mayor we are not at a point where we are over-policing, that we have too many officers," she said. "So this is going to have to align with the continued growth of the department that best protects and serves the public as well as expand these services we hope to see. But it is going to cost money."
 
Continuing with the role of the board, Wynn added that he has heard calls to give the board more power but that it was given all the authority it could legally have.
 
"I believe that the authority that we gave to this group ... is as far as the current laws allow us to go," Wynn said. "I believe we went to the limit of what was allowable without putting us in legal jeopardy."
 
He added that this could only be changed at the state level and said "attacking the institution won't change the law."
 
When the committee was created last year, there had been a push to give it oversight of police operations and investigate misconduct. Instead, it is place for citizen complaints, broad review and advocacy.
 
The conversation then moved to departmental transparency and Tyer noted there are some documents related to personnel or ongoing investigations that legally cannot be released to the public. She said "complete unfettered access" does not jive with the public record laws.
 
She did say the department does a good job communicating information upon request and the website is a wealth of knowledge.  

Tags: Pittsfield Police,   police advisory,   

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Dalton Planning Board OKs Gravel Company Permit

By Sabrina DammsiBerkshires Staff
DALTON, Mass. — The Planning Board approved the renewal of Nichols Sand and Gravel's special permit for earth removal. 
 
The company, located at 190 Cleveland Road, operates a gravel pit there. 
 
The hours of operation will remain 7 to 4 p.m. The commission approved owner Paul Nichols' request to allow trucks to depart the property in either direction. 
 
Nichols has to apply for renewal of the special permit every year. The previous permit required the truck to exit the property to the right.
 
It makes more sense to go left if truck drivers have to go to the Pittsfield area, Nichols said. He has talked to the residents in the area and they are agreeable to the change. 
 
Former residents requested this stipulation nearly 16 years ago to reduce the number of trucks using the residential street to avoid disturbing the quality of life and neighborhood. 
 
There weren't any residents present during the meeting who expressed concerns regarding this change.
 
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