by Billy Kepner | May 4, 2017 | Council News, Press Release, Ward-10
The Providence City Council tonight established a working group to further review the Community Safety Act, discuss a limited scope of concerns, and identify potential solutions for implementation of the ordinance prior to the Council’s second vote on June 1st. The working group will be comprised of community members, public safety officials, City Councilors, and representatives from the city’s administration and legal team.
“We’ve dedicated a great deal of time gathering input on the CSA, however, some stakeholders felt their concerns about the ordinance and its implementation hadn’t been fully heard,” said City Council President Luis Aponte. “The CSA Working Group gives us an opportunity to take a deeper dive into any specific and legitimate concerns before the Council takes its landmark vote in June.”
The 11-member panel will be tasked with providing the City Council with a written review and formal recommendation by June 1, 2017.
by Billy Kepner | Apr 27, 2017 | Council News, Press Release, Ward-10
City Council President Luis Aponte today issued the following statement in response to a letter sent to the Council yesterday from the Providence Fraternal Order of Police regarding tonight’s vote on the Community Safety Act:
The Community Safety Act (CSA) has been vetted through a highly collaborative 3-year process inclusive of the Providence Police Department and the people of Providence. The CSA builds upon the best practices from our own police department by adopting legislation that has been proven effective in other cities across the country. Since the CSA was first introduced in 2014, the Providence City Council has solicited and received input from many organizations, including law enforcement officials and the police union. The Community Safety Act has earned a wide range of support from many reputable local institutions, including Trinity Repertory Company, Economic Progress Institute, NAACP, Student National Medical Association at Alpert Medical School, Dorcas Institute, National Lawyers Guild of Rhode Island, Medical Students of Rhode Island, Fox Point Neighborhood Association, Girls Rock Rhode Island, New Urban Arts, RI Association of Naturopathic Physicians, and the ACLU.
This is a landmark moment for the City of Providence. After three years of intense collaboration and numerous revisions that address the stated concerns of our law enforcement officials, the end result is an ordinance in which our community can take tremendous pride.
Yesterday, in a letter to the City Council, the Providence Fraternal Order of Police raised some last minute concerns about the CSA that are based upon factual errors:
– The FOP erroneously stated that the CSA mandates that a gang member would be removed from the gang database if he/she has no convictions within a two-year period. In reality, the CSA requires individuals be removed from gang database if they have no convictions for two years and no new evidence meeting the criteria for inclusion has been found in two years. Simply put, police wouldn’t consider someone a suspect in a crime if they found no evidence connecting them to that crime for years. This should not be any different for the gang database.
– The FOP’s letter states that the Police Department will have to notify every subject who has been stopped that video and/or audio recording of the stop is available. This is erroneous; only individuals under investigation will have the right to view or hear video/audio of their stop, unless it would negatively affect law enforcement action. State law already gives individuals the right to view video of traffic stops they are involved in.
– The FOP is contesting the Providence External Review Authority’s right to review proposed labor contracts once they become public documents. The CSA is not granting PERA any new rights regarding labor contracts; all citizens and citizen groups have the right to review and comment on public documents such as contracts.
– The FOP erroneously states that the CSA takes away rights of Limited English Proficiency (LEP) individuals to choose who interprets their conversations with officers. In fact, the CSA requires that officers who do not speak an LEP individual’s language use the Police Department’s language-access hotline, except in emergencies. The Department already has a language-access hotline; the CSA simply mandates that it must be used in non-emergency situations where language barriers are interfering with communication.
It is important to note that this ordinance does not take effect until January of 2018, so we have a long runway to identify and resolve further concerns as we work towards implementation.
by Billy Kepner | Apr 20, 2017 | Council News, Press Release, Ward-10, Ward-11
Landmark Legislation Aims to End Racial Profiling, Bolster Police Accountability and Oversight
The Providence City Council tonight approved first passage of the Community Safety Act (CSA), a comprehensive, community-driven ordinance that aims to end racial profiling and codify into law best practices in police conduct from around the country. The landmark legislation is considered one of the most progressive policing bills in the United States, and includes a broad range of measures that strengthen protections for youth, transgender individuals, people of color, and immigrants. The comprehensive scope of the ordinance makes it the first of its kind in the country.
First introduced in 2014, the CSA in its current form reflects years of research and collaboration between community members, elected officials, and public safety leaders. The landmark legislation brings together and expands upon best practices adopted from numerous cities, including New York City, Seattle, and Austin. The City Council solicited input from a wide range of stakeholders—including the Fraternal Order of Police, members of the STEP-UP Coalition, the Chief of Police, Commissioner of Public Safety, the Mayor’s Office, and the City’s law department—to deliver an ordinance that builds upon the Providence Police Department’s positive track record of community-police relations and public trust.
“At a time when many municipalities are seeing community-police relations deteriorate, we are fortunate to have seen the opposite effect here in Providence,” said City Council President Luis Aponte (Ward 10), who credits the Providence Police Department and its leadership for providing the Council with guidance and insight during the legislative process.
“The evolution of this legislation reflects the many hands and minds that have crafted and shaped it over the years. Through countless hours of intense, inclusive collaboration, the Community Safety Act has brought together activists, elected officials, and police officers with the shared goal of making our city safer for everyone,” said Councilwoman Mary Kay Harris (Ward 11).
“The Providence Community Safety Act is among the most progressive municipal police reform laws in the country,” said Andrea Ritchie, a civil rights attorney who was involved in the passage of New York City’s Community Safety Act in 2013. “Providence is leading the way for municipalities across the country by establishing broad protections against a wide range of profiling and discriminatory policing practices. The Providence Community Safety Act is a comprehensive package of common sense provisions that will help protect the rights of residents during police encounters, essential due process with respect to gang databases, and critical protections for immigrants.”
Prior to becoming law, the ordinance must be passed twice by the full City Council. Councilors may call a special meeting for second passage as early as next week.
by Billy Kepner | Apr 19, 2017 | Council News, Press Release, Ward-10
Providence City Council President Luis Aponte issued the following statement in response to news that Blue Cross Blue Shield of Rhode Island intends to relocate employees to East Providence:
“I am extremely disappointed in this news and will seek an immediate meeting with the president of Blue Cross Blue Shield to discuss the company’s recent decision to deplete employees from its downtown Providence campus. The City provided to Blue Cross an attractive Tax Stabilization Agreement (TSA) based on the understanding that the company would be a highly active participant in the City, make improvements to the building, and maintain a significant employee base that would contribute to the vibrancy of the City by eating in its restaurants and shopping in its stores. The City did not enter into this sort of a generous TSA only to have Blue Cross slowly but surely become a glorified landlord. It would appear as though they have broached the spirit of the Agreement, if not the actual legality of it, and this is deserving of the Council’s immediate attention.”
by Billy Kepner | Apr 17, 2017 | Council News, Press Release, Ward-10, Ward-11
The Providence City Council Committee on Ordinances tonight approved passage of the Community Safety Act (CSA), a community-driven, comprehensive ordinance that codifies into law best practices in police conduct from around the country. The CSA is considered one of the most progressive pieces of legislation in the United States, exceeding standards set forth by the Comprehensive Community-Police Relations Act passed by the RI General Assembly in 2015.
Following last week’s public hearing, the Ordinance Committee tonight adopted final amendments to the CSA that reflect greater input from all stakeholders. In its final form, the bill is the product of nearly three years of activism, research, and stakeholder engagement. The comprehensive scope of the ordinance makes it the first of its kind in the country.
Councilors Mary Kay Harris (Ward 11) and Kevin Jackson (Ward 3) led the charge to produce a comprehensive bill that protects marginalized communities and builds trust between police officers and the community they serve. Under the leadership of Harris and Jackson, the City Council solicited input from a wide range of stakeholders to craft this landmark piece of legislation, including the Fraternal Order of Police, members of the STEP-UP Coalition, the Chief of Police, Commissioner of Public Safety, the Mayor’s Office, and the City’s law department.
“Although this process has been long, the result is tremendously worthwhile,” said Councilwoman Harris. “Through intense, inclusive collaboration, this process brought together activists, elected officials, and police officers to come up with a comprehensive piece of legislation that will soon become a valuable tool in strengthening the relationship between law enforcement and the community it serves.”
Among its many provisions, the CSA prohibits racial and other forms of discriminatory profiling, mandates policies for the use of body cameras, brings much-needed reforms to the Providence Police Department’s “gang database,” and codifies into law the City’s longstanding policies regarding non-criminal immigration concerns.
“The evolution of this ordinance is attributed to the strong partnership between the Providence Police Department, the Providence community, and the City’s elected leadership,” said Council President Luis Aponte. “At a time when many municipalities are seeing community-police relations deteriorate, we are fortunate to have seen the opposite effect here in Providence. The ongoing discussion we’ve had with the Providence Police Department regarding the CSA reflects the department’s commitment to our City’s many communities. Throughout these discussions, our police officers have never walked away from the conversation; in fact, they have listened at every step of the way and provided us with important insight.”
The bill is supported by many local organizations including the ACLU of Rhode Island, Cambodian Society of Rhode Island, Dorcas International Institute of Rhode Island, Economic Progress Institute, Fox Point Neighborhood Association, National Lawyers Guild of Rhode Island, New Urban Arts, No DAPL Rhode Island, and Showing Up for Racial Justice, Rhode Island.
CSA HIGHLIGHTS:
- Prohibits racial and other forms of discriminatory profiling
o Prevents police officers from racially profiling or otherwise discriminating against individuals based on their race, gender, gender identity, sexual orientation, religion, and other factors
- Establishes how police officers will document and collect data from traffic and pedestrian stops
o Allows individuals stopped by the police to request and receive a report on their stop
o Mandates policies for the use of body-worn cameras
o Protects individuals’ rights to photograph and film the police
- Mandates greater transparency and accountability in police-community interactions
o Requires officers to inform drivers of why their vehicle was stopped, sets standards for requiring information from passengers, and codifies policy on individuals driving without a license
o Requires that officers inform individuals of their constitutional right to refuse before asking for consent to a search
o Requires officers in uniform to wear name tags and to show their badge numbers
o Requires officers to provide their name and badge number when conducting stops and searches. Allows members of the public to ask for a business card with the name and badge number of an officer
o Requires the Chief of Police to submit quarterly reports to the Providence External Review Authority (PERA) on the data collected from police encounters
- Establishes new protections for juveniles, immigrants, and transgender individuals
o Establishes right of transgender individuals to be searched by an officer of their gender identity and requires Police Department to develop policies for handling those searches
o Prohibits officers from inquiring about an individual’s immigration status, and requires officers to accept valid identification from foreign governments
o Sets standards for dealing with individuals lacking proof of identification
o Prohibits officers from photographing juveniles under most circumstances
- Improves and codifies policies for use of Gang Database
o Requires the Police Department to establish policies for determining if an individual should be added to the gang database
o Prohibits certain factors, such as race, from being included in the criteria for adding someone to the gang database
o Requires parental notification when anyone under 18 is added to the gang database
o Allows anyone over 18 to ask if they are on the gang database
o Creates both an administrative removal process and a formal appeal process for people who feel they were added to the database in error.
o Requires an annual audit of the gang database to identify any errors and make recommendations for improving its use
- Improves language access for Limited English Proficient (LEP) individuals
o Requires the Police Department maintain its language access hotline to connect officers with qualified translators
o Requires the use of qualified translators if the officer isn’t fluent in the language spoken (except in emergencies)
o Mandates policies on officer fluency and defining emergencies
o Requires custodial interrogations of LEP individuals be recorded
o Requires vital materials be available in the five most commonly spoken languages in Providence
To become law, the ordinance must be passed twice by the full City Council. Councilors are expected to call the first of two special meetings to vote on the matter later this week.
by Billy Kepner | Mar 16, 2017 | Council News, Press Release, Ward-10
Providence youth accused of minor infractions may soon have their cases heard in a boardroom instead of a courtroom. The Providence City Council this month established a new Juvenile Hearing Board (JHB) to provide youth with community-based alternatives to incarceration. The panel’s seven members and alternates were recently appointed by the City Council. As a body, the board is comprised of experts and advocates uniquely qualified to review non-violent juvenile cases and determine appropriate sanctions. Cases will be forwarded to the board by the Providence Police Department.
“We want to direct children and families to much-needed resources instead of the state court system,” said City Council President Luis Aponte, who spearheaded the effort with a focus on best practices in juvenile justice. “Juvenile detention facilities are filled with kids whose behaviors could’ve been safely and effectively corrected in other settings. Prying kids from their families and communities often creates much more damage. It’s also costly, and doesn’t serve in the best interests of public safety.”
Across many sectors, JHBs are widely considered instrumental in juvenile justice reform. The formation of the Providence Juvenile Hearing Board has been endorsed by Chief Justice Michael B. Forte of Rhode Island Family Court, Providence Police Chief Col. Hugh Clements, and Executive Director Tobey Ayers of Rhode Island for Community and Justice.
CHIEF JUSTICE MICHAEL B. FORTE, RHODE ISLAND FAMILY COURT:
“The Rhode Island Family Court encourages all communities to create juvenile hearing boards in order to keep children whenever possible out of the formal court system. We applaud the Providence City Council’s initiative and pledge to collaborate with the city’s board whenever requested.”
COLONEL HUGH T. CLEMENTS, JR., CHIEF OF POLICE, PROVIDENCE POLICE DEPARTMENT:
“In policing the capital city, we are constantly challenged with crime where juvenile offenders are involved. Our department’s community policing philosophy surpasses our everyday interactions with citizens and extends to identifying and deterring individuals who are entering the drug, gun or gang game at an early age. This Juvenile Hearing Board will serve as an essential resource to both the City of Providence and the Providence Police Department to afford our non-violent juvenile offenders with an opportunity to move beyond a life of crime and receive rehabilitative services, avoiding incarceration. We are grateful to the City Council and President Aponte for establishing this board and look forward to working with the newly appointed members in developing greater relations with our youth population.”
TOBY AYERS, EXECUTIVE DIRECTOR, RHODE ISLAND FOR COMMUNITY AND JUSTICE:
“In an era of mass incarceration, our children’s futures and our state’s economic future depend on keeping juveniles off paths to prison. That’s exactly what the JHB will do. Our data from the 34 other Rhode Island JHBs shows that juveniles they see re-offend at very low rates, at a cost of virtually zero, compared to the high costs of sending a child to court—a win-win for children, families, Providence, and our society. We thank the Providence City Council, the Mayor and the Police Department for re-establishing the Juvenile Hearing Board in Providence. JHBs are a successful Rhode Island innovation we can all be proud of, and now Providence can be part of that success.”
