Police Grant Raises Concerns for North Adams Council
NORTH ADAMS, Mass. — The City Council postponed action on a federal policing grant until the city solicitor could weigh in on several clauses referring to federal investigations.
A motion to accept the grant failed 4-2; a motion to postpone to the Oct. 13 meeting and refer to the solicitor passed unanimously.
The fiscal 2025 Edward Byrne Memorial Justice Assistance Grant is in the amount of $14,231. Mayor Jennifer Macksey explained that this grant is for the construction of an evidence room — not for technology or equipment — but to meet "best practices for secure storage documentation and then long-term holding."
Police Chief Mark Bailey said anyone brought into the station is under constant video and audio surveillance and that the goal was to ensure a continuity of evidence from the time it is taken from a suspect until it appears in court.
"This buildout is to actually make our current evidence room into something more efficient for us, and to make sure that we're following the the accreditation process," he said.
The current evidence room is not big enough or secure enough internally for storage of evidence, including drugs and firearms, that might be kept for years as cases work their way through the court system.
"My goal is to eventually get accredited with the state. In order to do that, we have to have certain parameters for our evidence room, not just cameras or locking mechanisms, but within the evidence room as well," the chief said. "So this buildout is to actually make our current evidence room into something more efficient for us, and to make sure that we're following the the accreditation process."
Audience members questioned during hearing of visitors clauses in the grant referring a prohibition on "interfering with federal investigations" and how that related to U.S. Immigration and Customs Enforcement.
Bailey said the department deals with criminal enforcement, not civil, based on prior court decisions such as Lunn v. Commonwealth, and does not ask for immigration status.
"If ICE comes to us looking for assistance with a civil detainer, we don't help them out because we aren't involved in that type of thing," he said. "We're only involved in criminal elements, not civil detainers. Now we understand as well that we can't interfere with police investigations, just like the general public can't interfere with our police investigations. So we don't interfere with federal enforcement of civil detainers as well."
Councilor Andrew Fitch asked if would be worth postponing acceptance of the grant to get the solicitor's opinion and "to the point of several people who spoke in the audience, I think that we are at risk of losing some public trust, or confusing people, or worrying people in some way, and how much is that worth?"
Councilor Lisa Blackmer said she'd read through the federal guidelines, the city's grant application, and the grant rejected by the Pittsfield City Council earlier this month that would have been used for drones.
"If you were looking at drones and cameras on the light poles, I'd be voting it down, and I'd be leading the charge. So keep that in mind for next year," she said. "I took some time, read through it. I don't have a problem. We're doing a construction. We're using it to store things that we already have. We're just expanding our space."
Councilor Lillian Zavatsky said she felt a little pressured because councilors did not get the grant until Sunday evening.
"I personally would like some time," she said. "I would like to see this postponed so we can look more closely at it."
Councilor Peter Breen said what put him over the edge was the clause saying the chief had to talk about not texting while driving. Too many hoops, he said.
"Let's get the evidence room built because it's $14,000 and it needs to be done. But I'm not willing to have a 50-page paper tie the hands of a city," Breen said, suggesting the city use the parking meter fund or find alternative financing.
Blackmer said grants often have elements in them that have nothing to do with what the applicant is seeking. Plus, she didn't think the parking meter fund could be used for construction, which the mayor confirmed.
President Ashley Shade said she also would like to see a written city solicitor opinion attached.
"I also want to second something else that Councilor Blackmer said: grants should be coming to us for approval before they get signed, not afterwards," she said. "And that's something that definitely needs to change."
The mayor responded that the only councilor who had asked questions was Blackmer and here they were at 8:30 on Tuesday night asking for a legal opinion.
"But you didn't do your homework. This is not even coming out until you walked into the chamber, so do as you wish," she said.
Fitch said the pressure was unnecessary and described the mayor's comments as "snotty." He said they'd "very clearly articulated" they believe in the Police Department, the mayor, and the project.
"We just want two weeks, and we want to prove to our public that this is important to follow this process and to show them we've done our due diligence and to maintain the public trust," he said. "And so that's why that comment was frustrating to me."
Blackmer said she didn't think the council would get clarity from the solicitor. She and Council Bryan Sapienza voted to accept the grant; Breen, Fitch, Shade and Zavatsky voted naye. Councilors Keith Bona, Alexa Macdonald and Marie McCarron were absent.
"It would be great to have that in writing just for the confidence of the people at home. They need that," Shade said. "Unfortunately, we don't trust the federal government. It's not that we don't trust you. We don't trust them and rightfully so."
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