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The Police Advisory Board will review its establishment language for discussion at its meeting in September.

Pittsfield Police Board Again Mulling More Oversight Authority

By Brittany PolitoiBerkshires Staff
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PITTSFIELD, Mass. — The Police Advisory and Review Board will be reviewing its ordinance language to make changes that support its mission as about half its members will be gone by February.
 
Two members have resigned this year, leaving the board with nine current members. Of those, three —the Rev. Sheila Sholes-Ross, the Rev. Sloan Letman and Ivan Victoriano — have all decided not to seek re-appointment when their terms end in February 2022. 
 
On Tuesday, Chairwoman Ellen Maxon advised members to think about what has worked and what hasn't over the past 2 1/2 years of the board's existence. Those recommendations will be brought to the next meeting in September so they can review language in the city code.  
 
The current duties and powers of the board include studying policies, practices, and procedures to provide a forum for the public to discuss them, receiving complaints from the public and relaying them to the chief of police, and reviewing final investigative reports regarding citizens' complaints to make policy recommendations.
 
The review board feels a degree of frustration with the legal constraints that prohibits it from more direct involvement in the oversight of the Police Department. There was debate at the time the board was modified to its current form to give it a more robust role in investigating and reviewing police operations.
 
"I think I have sensed that we've had as a group a general feeling of frustration, regarding our role, frustration, confusion. I'm wondering why so many of us have decided not to rejoin for our second term,"  Vice Chairman Michael Feldberg said.
 
"I was wondering why, if this sense of frustration is that somehow, maybe it might have been my expectation that we would have a more direct role in the process of reviewing."
 
Member Drew Herzig said that the amount of turnover within the board is "definitely a concern."
 
Pittsfield Police Chief Michael Wynn also reported that there may be more hurdles to jump through with reviewing reports because they have to go through the Massachusetts Peace Officer Standards and Training (POST) commission.
 
"I don't think it's necessarily going to get less," he said in regard to the board's engagement. "I just think that it's going to get a little more convoluted, you're certainly going to keep the authority you have, but police reform, you can't change that."
 
Wynn said that he respects and appreciates the board's frustration if they joined thinking they would be playing more of an active role.
 
Because the entire ordinance will be reviewed by the board for revision, members decided to hold off on voting for two petitions submitted by member Drew Herzig that request changes to the city code.
 
Herzig noted that the words "accept," "approve," or "adopt" are not in the powers and duties description and he feels current language ("study" and "review") hampers the board's ability to take any official position and/or action regarding various reports, findings, procedures, and protocols brought to attention by the chief of police or generated in the discussion.
 
He asked that the City Council provide board-specific language that defines the authority that the council wishes to invest in the board. In addition, he asked that the panel's name is changed to the City of Pittsfield Police Advisory and Review Board.
 
At this meeting, the board also approved its annual report for 2020, which will be sent to Mayor Linda Tyer and the City Council.
 
"Due to the restrictions imposed by COVID-19, the Board met only seven times during calendar year 2020," The report reads. "After the first year of its experience, the Board sought to take a more proactive approach to shaping PPD policy by providing input into the policy formulation and adoption process rather than receiving policy after it was completely formulated."
 
In 2020, board's actions included reviewing seven citizen complaints presented by Wynn, worked with Wynn to develop a policy regarding officer interactions with transgender persons, and had Maxon appear on Wynn's radio program.
 

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Pittsfield Kayak Kiosk Proposal Withdrawn After Pushback

By Brittany PolitoiBerkshires Staff

PITTSFIELD, Mass. — It is the "end of the road" for a kayak kiosk proposal after pushback from community members and the City Council.

Whenever Watersports has withdrawn its proposal for a kayak rental program at Onota Lake. Safety concerns arose around the company's self-serve model though it was stipulated that users sign liabilities away with a waiver as part of the process.  

"It's unfortunate. I had hoped the outcome would be different and I think (Recreation and Special Events Coordinator Maddy Brown) and you as well thought this was an opportunity to provide an additional level of services, recreation opportunity to folks at the park through a modern-app-based system," Park, Open Space, and Natural Resource Program Manager James McGrath said to the Parks Commission on Tuesday.

"It would have cost the city nothing to have this sited. We wouldn't be responsible for any maintenance but there would be maintenance to the units and to the boats, etc. Everyone was going to get life preservers and there are instructions through the app so we thought it was it was safe and secure and a good fit for the park."

In December, the commission granted a request for the pilot program and City Solicitor Stephen Pagnotta had been reviewing and revising a proposed contract that had not yet been approved. Last week during City Council, residents Daniel Miraglia and Gene Nadeau submitted a petition requesting a legal opinion on the proposal from the solicitor.

Miraglia expressed concerns about the lack of a bidding process, safety hazards, and the impact on a local business that rents kayaks on the lake. Onota Boat Livery owner Caryn Wendling was upset to hear that an out-of-town company would be allowed to operate the kiosk on the same lake as her business and also cited safety concerns.

Councilors asked that Pagnotta look into items such as the commission's authority with entering into contracts and if a bidding process would be needed for this.

Later that week, a request to the Conservation Commission for determination for the kiosk at Burbank Park located within the buffer zone associated with the inland bank was withdrawn. According to the application, it was proposed to be located before the beach area coming from the main parking lot.

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