Town Council - Ways & Means Committee

Braintree Town Council MEMBERS Joseph Reynolds, Chairman Committee of Ways & Means Julia Flaherty, Vice-Chairwoman One JFK Memorial Drive Elizabeth Maglio, Member Braintree, Massachusetts 02184 MINUTES Tuesday, December 20, 2022 A meeting of the Committee of Ways & Means was held in Johnson Chambers, on Tuesday, December 20, 2022 at 6:30p.m. This meeting was moved to Cahill Auditorium due to a large public attendance. Councilor Reynolds was in the Chair. Clerk of the Council, Susan Cimino conducted the roll call. Present: Joseph Reynolds, Chairman Julia Flaherty, Vice-Chairwoman Elizabeth Maglio, Member Meredith Boericke, Council President (ex-officio) Also Present: Nicole Taub, Chief of Staff/Town Solicitor Ed Spellman, Finance Director Kenneth Murphy, Vice President for the Massachusetts Coalition of Police (Area 9), Mario Oliveira, retired Somerville police detective and ATF TFO Officer Ryan McHugh Public Safety personnel residents December 20, 2022 Ways & Means Committee 1 of 7 Approval of Minutes • May 11, 2022 MOTION: to approve the Minutes of May 11, 2022. Motion: by Councilor Flaherty to approve Minutes of May 11, 2022 Second: by Councilor Maglio Vote: For (3–Flaherty, Maglio, Reynolds), Against (0), Absent (0), Abstain (0) Old Business • None New Business • 22 070 Mayor: Appointment Braintree Local Cultural Council (LCC) -- Heidi Hurley or take up any action relative thereto Nicole Taub stated these are folks who work or live in the community with interest or expertise in the arts. The mayor appreciates your review of this appointment and requests favorable action. Chairman Reynolds asked for a Motion to be read. Councilor Flaherty read the following Motion for favorable recommendation to the full Council Order 22 070: MOTION: Upon the request of his honor, the Mayor, the Town of Braintree, through the Braintree Town Council, and in accordance with sections 3-3 of the Charter of the Town of Braintree to approve the appointment of Heidi Hurley to the Braintree Cultural Council. Motion: by Councilor Flaherty for favorable recommendation to the full Council to approve Order 22 070 Second: by Councilor Maglio Vote: For (3–Flaherty, Maglio, Reynolds), Against (0), Absent (0), Abstain (0) • 22 071 Mayor: Appointment Braintree Local Cultural Council (LCC) -- Jeanne Connolly or take up any action relative thereto Nicole Taub stated these are folks who work or live in the community with interest or expertise in the arts. The mayor appreciates your review of this appointment and requests favorable action. Chairman Reynolds asked for a Motion to be read. Councilor Flaherty read the following Motion for favorable recommendation to the full Council Order 22 071: MOTION: Upon the request of his honor, the Mayor, the Town of Braintree, through the Braintree Town Council, and in accordance with sections 3-3 of the Charter of the Town of Braintree to approve the appointment of Jeanne Connolly to the Braintree Cultural Council. Motion: by Councilor Flaherty for favorable recommendation to the full Council to approve Order 22 071 Second: by Councilor Maglio Vote: For (3–Flaherty, Maglio, Reynolds), Against (0), Absent (0), Abstain (0) December 20, 2022 Ways & Means Committee 2 of 7 • 22 072 Mayor: Home Rule Petition—Retirement of Officer Ryan McHugh or take up any action relative thereto Nicole Taub, Chief of Staff stated Officer McHugh began his career in law enforcement with the Braintree Police Department in October 2005. After several years with the Patrol Division, Officer McHugh was assigned to the motorcycle unit in 2011 and also served as the President of the Braintree Police Officers Association. During his tenure with the Braintree Police Department, Officer McHugh received several letters of commendations and recognition, the Medal of Valor, the Dana Award and the Medal of Honor at the 35th Annual Trooper George L. Hanna Memorial Awards for Bravery. Additionally, Officer McHugh, along with the other officers involved, were recognized by the Town Council on August 15, 2017, for their professionalism, courage, bravery and service of their duty to protect on May 5, 2017. On May 5, 2017, Officer McHugh, along with several other officers, were involved in an incident at Motel 6 that started with the need to serve an abuse prevention order and arrest warrant on a subject staying at the motel. Officer McHugh, along with four other officers, approached the door where the suspect was staying. After several attempts to enter without response, a key card was used to unlock the door. The door was pushed open a few inches until the security latch engaged. After announcing their presence again, the suspect opened fire from inside of the room. One officer, standing near the front of the door, was struck by gunfire and knocked backwards, sustaining wounds to his left eye, arm and right side of his head. Officer McHugh, along with Officer William Cushing, returned fire with their service weapons. They directed their fie at the threat in order to allow for the injured officer's evacuation. Once the initial gunfire exchange subsided, Officer McHugh ran to his cruiser to retrieve his patrol rifle and took position behind a vehicle to the right of the target door, along with Officers Cushing and Hamilton. Responding to more gunfire, the officers returned fire into the room. The officers maintained their positions in containment until relieved by other officers and tactical personnel. After another four hours, the suspect was discovered deceased in the room, cause of death later determined to be from the officers' rounds fired in self-defense. Officer McHugh, along with his fellow Braintree police officers, truly exemplified what it means to put the lives of others before their own during the critical incident at Motel 6 on May 5th. Officer McHugh returned to service following the incident; however, in early 2022, he began experiencing a recurrence of Post Traumatic Stress Disorder symptoms as a result of the June 4, 2021 incident. While Officer McHugh continues his work to improve these symptoms, his treating provider has determined that he no longer has the mental and emotional capacity to perform his duties as a Braintree police officer. Therefore, in order to ensure that Officer McHugh receives the full benefit of his service upon retirement, the mayor is requesting your support for the enclosed home rule petition providing for his retirement. Specifically, the home rule petition allows Officer McHugh to retire in accordance with M.G.L. c. 32 s. 7. Further, that the annual amount of the pension payable to Officer McHugh shall be equal to the regular rate of pay that would have been payable to him had he been able to continue serving as a Braintree police officer until his death or reaching of age 65 (the maximum allowable age for service as a police officer in the Commonwealth). Upon reaching the age of 65, Officer McHugh will receive a pension in an amount equal to 80% of the average annual rate of pay paid to him in the previous 12 months. Finally, if Officer McHugh is married at the time of his retirement, then, upon his death, his surviving December 20, 2022 Ways & Means Committee 3 of 7 spouse shall receive a pension in the amount of 75% of the annualized amount of the pension payable to Officer McHugh on the date of his death. The additional benefits payable pursuant to the legislation shall be funded and administered by the retirement board. In addition to the draft home rule petition enclosed herein, is a letter of support from the medical professional that has been treating Officer McHugh since February 2022, as well as letters of support from the Braintree Police Officers Association and the Massachusetts Coalition of Police. Additionally, included is a fitness for duty evaluation performed earlier this year regarding Officer McHugh's ability to return to full duty. My name is Kenneth Murphy, and I am a Vice President for the Massachusetts Coalition of Police (Area 9) which represents both the Braintree Patrol Officer’s Association and the Braintree Superior Officers Association in addition to 15 other surrounding department’s police unions. I have successfully participated in efforts facilitating the “Home Rule Petition” (like the one before you) in the past and am currently involved in supporting efforts for the filed petitions stemming from the 2021 Braintree Police incident in which (2) officers were shot and K9 Kitt was tragically killed. “Falsehoods fly, while the truth limps behind”- The falsehood or misrepresentation is that the accidental disability retirement processes exist for officers like Ryan McHugh. The truth is that no legislation currently exists which adequately captures and processes the particular and narrow field of officers disabled (from police work) by serious, permanent injuries sustained from a violent and extreme attack upon them by an armed individual. The “Home Rule Petition” is the request of a municipality for a new type of power from the state legislature which would only affect that one community issue. This is a process afforded to communities of the Commonwealth to address local matters and in this instance to intervene where the “state” has been ineffectual in returning police officers to their families fairly and without subjecting them to unsuitable, antiquated and potentially regressive guidelines. Therefore, we seek your support of the “Home Rule” petition effort for Officer Ryan McHugh stemming from the May 5, 2017 incident (#2017-7546). The incident as you know involved (5) Braintree Police Officers attempting to serve an abuse prevention order and an arrest warrant on a subject staying in the motel. During the encounter, the suspect opened fire on the officers from his room, striking an officer in the head. The officers engaged in an exchange of gunfire with the suspect while attempting to render immediate aid to, and facilitate the evacuation of, the wounded officer. Officer McHugh would employ two weapon systems (his handgun and a patrol rifle) during the exchange. This brief summary does not adequately encompass the conditions, circumstances, sights, sounds, smells, memories or emotions of the incident or the ensuing investigations, critiques, and analysis. In July 2017 former Police Chief Paul Shastany even said, “my officers are going through hell over this” (Patriot Ledger, July 2017) in reference to both the incident and the aftermath. To say this is not the “norm” in policing or merely an “extraordinary” incident falls short in rationalizing the magnitude of such an event upon an officer and the community. Some may feel that this type of incident can simply be “expected” during an officer’s career, or under evaluate the gravity or casually appreciate the severity from the safety of a chair behind a desk while politely dressing up a basic claim, this wasn’t that bad, but it was nothing short of “hell.” The fact of the matter is Braintree as a community experienced a spike in violence against their police officers with 3 shot in an astonishingly consolidated time frame (of 4 years). Sadly, when communities December 20, 2022 Ways & Means Committee 4 of 7 experience increases in violence over time, often they can become conditioned to accept or rationalize past violence as “not that bad” because intensity and accumulation can skew perspectives. We must act collectively to ensure such a view is never tolerated. Policing as we know is not the military, so to engage in combat operations in a town you live in, in a community you grew up in, on streets you drive your family through should never be normalized in any capacity. Going to work and witnessing a coworker being shot and then fighting for your life and those with you is extreme and should never be accepted as anything but. Officer McHugh along with the other officers received the Dana Distinguished Service Award, the Mass COP “Presidents Award,” the Massachusetts Police Association “Presidents Award” and the highest policing honor in the commonwealth, the Trooper George Hanna Award for “heroism in the face of extreme danger” as a result of this incident. It would stand to reason that this was an extreme incident with extraordinary impacts as we now know. Therefore a standard accidental disability retirement process and pension is not appropriate. Unfortunately, Massachusetts lacks an adequate and reasonable process to return officers who have engaged in and suffered the impacts of extraordinary incidents like this to their families. Certainly, the Accidental Disability Retirement (ADR) process exists for officers injured in the line of duty. Officers permanently injured by line of duty falls, car accidents or the tearing of a shoulder while scuffling with a suspect for instance all have this well-established process. Unfortunately, officers from this small field would be subjected to the same intrusive clinical process without appropriate governance for these circumstances, if not for the Home-Rule Petition. Without this petition, these officers, to include Officer McHugh would be subjected to broad stroking PERAC guidelines including a state medical evaluation with a one or three doctor panel that lacks suitable and current regulation. It’s a repeated process of speaking with doctors and panels he’s not met, not built a rapport or trust with and who’s singular purpose is to “judge” and render a decision upon him, his incident, the impacts, and his disability. Currently there is approximately 11 like petitions before the state legislature from 5 communities across Massachusetts with Boston having 6 and Braintree currently having 2. In recent years Sommerville, Yarmouth, Weymouth, Falmouth and Boston among others have utilized the “Home Rule Petition” to support officers from this narrow field appropriately with consistent high thresholds of implementation including exchanges of gunfire, officers being shot and often fatality of officers and or suspects, which this incident meets. I write you in support of this measure and to ask you meet this “Home-Rule Petition” request with favorable action to spare this officer from further “hell,” to close the law enforcement door for him, to facilitate productive movement forward in his life and to provide the greatest level of assistance available. Kenneth continued to say this is an extraordinary event. Essentially it is an exchange of gunfire. The suspect in many instances sub coming to their injuries from gunfire from police. This incident does this. This is not something that occurs in an everyday scenario. This is an extreme incident and worthy of a Home Rule Petition. Chairman Reynolds stated this was an extraordinary life or death situation where an officer was shot and suspect killed by police fire. The term PTSD that has been determined by various mental health professionals who officer McHugh has been assessed by. PTSD is an illness I am very familiar with, having been a military officer for many years. December 20, 2022 Ways & Means Committee 5 of 7 Kenneth Murphy stated obviously this would classify as the most traumatic situation an officer can be in. The community of Braintree closed a business in response to this. PTSD has triggers and the individual can’t return to full or modified capacity. It causes difficulty controlling or reacting. The State Legislature needs to take responsibility for these but until they do it is the responsibility of the town where the state has left off. This officer is a member of your community. I hope it is supported the way it should be. Councilor Maglio asked what is unsustainable? It is a real issue for communities like Braintree. Kenneth Murphy replied unfortunately your community has had two incidents here. there needs to be some kind of system to account for that. It is our responsibility for officers placed in this situation to help them out. Councilor Maglio stated you mentioned this is an extreme high bar for these types of incidents. What would you say is significant about incidents that reach that high bar. Kenneth Murphy replied officers being shot, an exchange of gunfire and with this incident a suspect was neutralized. Councilor Maglio asked in terms of benefits to be received is there any middle ground? Kenneth Murphy replied this is what is being used because it has been established as the appropriate responsibility and response in supporting that officer. Chairman Reynolds stated we will have to stop this meeting at this time so BCAM can set up for the full Council meeting. I will request public comment be allowed at the full Town Council meeting this evening. Councilor Flaherty stated in a moment we will take a vote. I will abstain from that vote and the reason being because we have not yet heard from the Chief. I will reserve my vote until after I have heard his comments. Chairman Reynolds asked for a Motion to be read. Councilor Flaherty read the following Motion for favorable recommendation to the full Council Order 22 072: MOTION: That the Town Council vote to authorize the Mayor to petition the General Court for “An Act Providing for the Retirement of Ryan McHugh, A Police Officer in the City Known as the Town of Braintree,” as set forth in the petition for special legislation filed with the Town Council on or about December 5, 2022, and on file with the Office of the Town Clerk. Further, that the General Court be authorized to make clerical or editorial changes of form only to the bill prior to enactment by the General Court and further, that the Mayor be authorized to approve amendments that shall be within the scope of the general public objectives of this petition. Motion: by Councilor Flaherty to approve Order 22 072 Second: by Councilor Maglio Vote: For (1 – Reynolds), Against (0), Absent (0), Abstain (2 – Flaherty, Maglio) December 20, 2022 Ways & Means Committee 6 of 7 It was unanimously voted to adjourn the meeting at 7:15p.m. Respectfully submitted, Susan M. Cimino Clerk of the Council Documents provided for Meeting • Minutes of May 11, 2022 • 22 070 Mayor: Appointment Braintree Local Cultural Council (LCC) -- Heidi Hurley or take up any action relative thereto • 22 071 Mayor: Appointment Braintree Local Cultural Council (LCC) -- Jeanne Connolly or take up any action relative thereto • 22 072 Mayor: Home Rule Petition—Retirement of Officer Ryan McHugh or take up any action relative thereto December 20, 2022 Ways & Means Committee 7 of 7