The new proposal follows a nearly two-year legal standoff with Mayor Domenic Sarno.
A group of Springfield City Councilors are renewing an effort to overhaul the structure of the Springfield Police Department, following a nearly two-year legal standoff with Mayor Domenic Sarno.
In December of 2016, the city council overrode Sarno's veto and passed a measure to reinstate a civilian police commission. The move would have stripped hiring, firing and disciplinary power from Police Commissioner John Barbieri and returned those powers to a civilian board whose members would be confirmed by the city council.
The commission would have mirrored the system used in the city until 2005, when a state-run financial control board abolished the Police Commission.
But Sarno said the measure was "invalid," and the city's law office issued an opinion arguing that council confirmation of police commissioners would have violated the city charter, which grants appointment authorities to the mayor.
The new measure, filed by Councilor Timothy Ryan, would allow the mayor to appoint commissioners without council confirmation -- a change that Ryan hopes will put the overhaul on firm legal footing.
But City Solicitor Ed Pikula expressed skepticism about the new proposal as well, saying establishing a civilian commission would be "ignoring professionalism" and is still legally dubious.
"While the proposal has removed the defect from the last proposal that required City Council approval of Board Members, it still conflicts with the City Charter as well as state statutes granting the Mayor authority, as well as the Police Commissioner's contract granting him authority to run the Police Department, establish rules and discipline," Pikula said in a statement.
In an interview, Ryan described the city's police disciplinary system as flawed. Currently, a civilian Community Police Hearing Board hears disciplinary cases and issues recommendations, but final disciplinary authority rests with the police commissioner.
Civilian commissioners would be less entwined with officers in the department, allowing for more impartial discipline, Ryan argued.
"In order for it to work, I think it's important to have the board who's actually going to hear the case have the power to make a decision," he said. "They haven't served 10, 20, 30 years in question with the officer involved or his brother or his cousin."
In a statement, Sarno took a dim view of returning to a civilian-led police department.
"My position has been well defined - keep it professional, not political, and legally sound. The modern day model of a professional police commissioner administering and directing the department is the trend across the country, and has worked well here," Sarno said. "This is indicated by the 45% reduction of overall crime in the last five years. As we continue to work with PERF and the Department of Justice Civil Rights Division, the last thing they would want us to do is go backwards to a now deemed antiquated system."
Sarno also said he has reached out for guidance to the Police Executive Research Forum -- the consulting group currently conducting a separate review of the department's Internal Investigations Unit.
The new measure is being cosponsored by City Councilors Justin Hurst, Michael Fenton, Jesse Lederman and Adam Gomez, Ryan said. If passed, the measure would convert Barbieri's role from Commissioner to Chief, leaving him as the top officer in the department but without authority over personnel decisions.
Under the proposal, an unpaid five-member civilian commission would have power over hiring, firing, promotions and discipline. The commission would also be responsible for drafting budget proposals for the department.
The proposed ordinance is on the agenda for the council's Nov. 19 meeting.
The revived effort to reinstate a civilian commission comes as the Springfield Police Department is facing intense legal and public scrutiny, following a series of misconduct allegations.
Det. Gregg Bigda and former Det. Steven Vigneault were indicted last month on federal civil rights charges. The charges were the latest fallout from an off-books interrogation of juvenile suspects accused of stealing an unmarked police cruiser in February of 2016.
Bigda allegedly kicked two of the teens in the face while they were in custody, and then was caught on video hurling racist invective at the suspects while they were held in the Palmer Police Department lockup. Bigda told one teen he could "crush your [expletive] skull and [expletive] get away with it," according to video obtained by The Republican.
The city has previously said that Barbieri has always met or exceeded the disciplinary recommendations of the current hearing board. But Bigda's disciplinary case, which was resolved with a 60-day suspension through an agreement between Bigda and Barbieri, never reached the hearing board for review.
And a statewide grand jury in Worcester is currently weighing criminal charges against officers connected to the alleged 2015 beating of four Springfield men. The men told investigators they were jumped by a group of attackers in a parking lot near Nathan Bill's Bar and Restaurant, following a heated but nonviolent barroom argument with a group of off-duty officers.
The Hampden District Attorney's Office declined to press charges in the case last year, concluding that while the men were victims of a crime they could not provide strong enough identifications of their attackers to support charges.
But the criminal case was revived by the FBI and the Massachusetts Attorney General's Office, leading to an ongoing grand jury which has subpoenaed police department records and called officers to testify. The City of Springfield agreed to pay an $885,000 settlement last month to resolve civil lawsuits brought by the alleged victims.
And the U.S. Department of Justice is currently conducting a "pattern-or-practice" of whether there are systemic civil rights violations by the Springfield Police Department. Such inquiries are civil investigations that can lead to extensive court-ordered reforms of police departments if patterns of unconstitutional misconduct are found.