Xiarhos Submits Legislative Testimony Critical of Certain Provisions in Police Reform Bill
July 17, 2020
BARNSTABLE — Steven Xiarhos, Republican candidate for State Representative in the Fifth Barnstable District, provided testimony today critical of certain provisions of Senate Bill 2820, commonly referred to as the “Police Reform Bill,” which is now being considered by the House of Representatives.
In written comments submitted to the House Ways and Means Committee and the Joint Committee on the Judiciary, Xiarhos expressed his support for certain reforms of standards applicable to police, especially expanded training for officers. However, he noted several concerns with some of the bill’s policies. “I would like to make it very clear up-front that I have serious concerns about certain specific provisions of the existing Police Reform Bill, but that I generally support the passage of legislation to reform standards applicable to policing in our Commonwealth,” he said.
According to Xiarhos, “Our police serve a critical function to preserve order and protect citizens in our society. As such, they must always represent the highest and best standards of our community. Constant reexamination of best practices, along with the adoption of reforms when needed, is a good thing. This is personally very important to me, both as a former police officer and also as the parent of someone who still wears the badge. But, police officers must not be undercut in the performance of their work. As a general matter, police deserve our support and encouragement, not our ire. While I acknowledge the need for certain reforms, I also proudly continue to ‘Back the Blue.’ I sincerely hope the end product of your deliberation will be a bill that supports these principles and of which we can all be proud.”
Among the provisions of the bill singled out for criticism by Xiarhos are provisions preventing information sharing between schools and police, the removal of qualified immunity for officers, and proposals that would limit civil service and collective bargaining rights. “I believe the Legislature should take care not to over-regulate police in the performance of their duties in the best interest of public and officer safety,” said Xiarhos. “Let us be careful not to overstep and overreact to current events, however well-intentioned our response. Current events bring forth a needed opportunity for reexamination and reform, and there should be a demand for the highest levels of accountability by all public servants, including our police. But, we should resist calls to defund our police or undermine their ability to properly and responsibly perform their work as professionals while in the field.” Xiarhos also expressed support for the continued presence of school resource officers in schools.
Xiarhos’ comments come days after he encouraged legislative leaders to recommit the version of the Police Reform Bill passed by the Senate to a legislative committee for public comment. “This is an important piece of legislation [with provisions that] deserve to have public comment before legislators decide behind closed doors whether to include them in a final bill,” said Xiarhos.
The full text of Xiarhos’ written testimony appears below:
Steven G. Xiarhos
67 Saddler Lane
West Barnstable, MA 02668Via e-mail to: [email protected]
July 17, 2020
Hon. Aaron Michlewitz, Chair Hon. Claire D. Cronin, House Chair
House Committee on Ways and Means Joint Committee on the Judiciary
Massachusetts State House Massachusetts State House
24 Beacon Street, Room 243 24 Beacon Street, Room 136
Boston, MA 02133 Boston, MA 02133Re: Public Testimony Concerning the Police Reform Bill (S. 2820)
Dear Representatives Michlewitz and Cronin:
I write to provide public testimony to you, and through you to the Honorable Members of the House Ways and Means Committee and the Joint Committee on the Judiciary, regarding S.2820, “An Act to reform police standards and shift resources to build a more equitable, fair and just commonwealth that values Black lives and communities of color” (the so-called “Police Reform Bill”).
First off, I would like to sincerely thank you for opening up an opportunity for the public to provide comments to your committees regarding this legislation prior to its consideration by the House of Representatives. I respect your willingness to hear from different public viewpoints before this bill is debated by the House. I am extremely concerned and troubled by the lack of accountability and democratic process demonstrated by your colleagues in the Senate when they recently debated and passed this bill without any opportunity for public comment. Public input on legislation is essential to the success of our democratic process. On all matters, our government must live up to its foundational purpose of being, in the words of Lincoln, an institution “of, by, and for the People.”
I also would like to make it very clear up-front that I have serious concerns about certain specific provisions of the existing Police Reform Bill, but that I generally support the passage of legislation to reform standards applicable to policing in our Commonwealth.
I spent forty years working as a police officer in the Town of Yarmouth up until my retirement in late 2019. I rose up through the ranks of the Department from working as a seasonal Summer Reserve Police Officer to eventually becoming Deputy Chief of Police. Essentially, I spent a great deal of time as a rank-in-file officer and then working in a supervisory capacity, so I saw different viewpoints within the law enforcement system. My son, Alex, also continues to work as a police officer in the Town of Yarmouth.
During my many years of police work, I can honestly say that I was always proud to wear the badge of a police officer, and that I constantly regarded the men and women around me as not only persons of integrity and professionalism, but also as true heroes. Police officers go to work every day not knowing if they will return home safely due to the hazards of their occupation. They work long hours and staggered shifts, often away from their families overnight and during holidays. They venture out to patrol the streets when darkness and inclement weather keep everyone else indoors. They subject themselves to enhanced risk of cardiovascular disease and mental illness due to the stressful circumstances they deal with every day. They volunteer themselves to answer the call whenever something goes tragically wrong in the normal routine of daily life which we all take for granted. Incredibly, police officers do all of this for one noble and selfless purpose – to protect and serve their community.
As someone who wore the badge and blue uniform of a police officer for four decades, these words are more than just mere platitudes. In my days of service, I responded to countless motor vehicle accidents and serious crime scenes. I was there for people to talk to when they were the victim of a crime or when they or a cherished loved one were seriously injured. And, tragically, I know what it feels like when a police officer within your own department is murdered in the line of duty.
One of the best ways to prepare officers to deal with such rigors in the field is to provide law enforcement with adequate training. For years, I worked with the Massachusetts Municipal Police Training Committee (MPTC) to train fellow police officers on issues including proper crisis intervention, the use of force, the investigation of crimes, and the prevention of cruelty to animals. In my opinion, officer training is essential to the successful performance of officers’ missions. This is an area that has been seriously neglected over many years. To the extent the Police Reform Bill increases resources, support, and opportunity to better train police officers for the challenges that await them in the field, I wholeheartedly agree we need such training.
Obviously, there is also more at stake. Our state – our nation – has been profoundly moved by the recent deplorable acts of certain police officers in Minneapolis responsible for the killing of George Floyd, together with similar tragedies elsewhere. These acts were committed by bad people, people who dishonor the badge they wore and the community they swore to protect and serve, and who do not represent the high integrity of the people I was privileged to work with. Nevertheless, their acts have not only shaken our communities to their core, but also caused law enforcement to re-examine best practices.
Again, I believe training is key to help officers prepare to deal with difficult situations appropriately and to avoid tragic acts like those in Minneapolis. I also strongly condemn any act by any officer that constitutes police brutality, or the application of force or abuse of power on the basis of racial bias or any other suspect classification. There is absolutely no place for hate or bias in our society generally, much less in our police departments. And, while I trust that the horrible wrongs committed by officers in Minneapolis are rare and not indicative of police generally, that does not make them acceptable.
It is a worthy goal of the Police Reform Bill to make sure that we do everything possible to prevent racism and police brutality, and that any such incidents are dealt with appropriately. There are some provisions of the bill, such as a ban on choke holds, that make sense and should be passed. However, I also believe the Legislature should take care not to over-regulate police in the performance of their duties in the best interest of public and officer safety. Let us be careful not to overstep and overreact to current events, however well-intentioned our response. Current events bring forth a needed opportunity for reexamination and reform, and there should be a demand for the highest levels of accountability by all public servants, including our police. But, we should resist calls to defund our police or undermine their ability to properly and responsibly perform their work as professionals while in the field.
One example is the amendment added to S.2800 by Senator Jehlen, which would severely restrict the ability of local school districts to share information with police departments, even if there is reason to suspect a student is a gang member. I do not expect teachers to act as cops. However, policies like this are reckless and irresponsible. In the name of public safety, this amendment should be removed from the bill. Likewise, as a former school resource officer myself, I strongly encourage you to maintain a police presence in our schools. School resource officers perform an incredibly important function in the name of school security, and they build important bridges between police and youth. These relationships are very important in the name of restoring trust and confidence between officers and students.
Massachusetts is one of few places where there is not a certification / de-certification program for police officers. I am not necessarily opposed to the creation of such a system here, so long as it is well-composed. It goes without saying that any officer who is not properly credentialed or who falls out of favor with expected standards should not serve as an officer, whether or not there is a certification system. However, I also believe this system should rely heavily on professional expertise to make its judgments. Also, the system should be crafted such that it does not undercut existing civil service and collective bargaining rights. In my view and experience, not only does civil service generally work, it also provides important local discretion while also giving a hiring preference to veterans who have served our nation.
With that in mind, I also have concerns about the removal of qualified immunity protections for law enforcement. Right now, qualified immunity protects a variety of public employees from having to defend themselves against frivolous lawsuits and claims that are without merit. This is an important protection. Qualified immunity does not shield fundamentally bad people from real claims lodged against them for actual wrongdoing – nor should it. While I am open to the idea that our Commonwealth might need a better system to determine the merit of individual claims to make sure that wrongs are properly addressed, I also believe that qualified immunity protections should not be entirely removed for law enforcement officials in the performance of their duties.
Our police serve a critical function to preserve order and protect citizens in our society. As such, they must always represent the highest and best standards of our community. Constant reexamination of best practices, along with the adoption of reforms when needed, is a good thing. This is personally very important to me, both as a former police officer and also as the parent of someone who still wears the badge. But, police officers must not be undercut in the performance of their work. As a general matter, police deserve our support and encouragement, not our ire. While I acknowledge the need for certain reforms, I also proudly continue to “Back the Blue.” I sincerely hope the end product of your deliberation will be a bill that supports these principles and of which we can all be proud.
Thank you for your consideration of these comments.
Sincerely,
Steven G. Xiarhos
Former Deputy Chief of Police (Ret.), Town of Yarmouth
About Steven Xiarhos
Steven Xiarhos is a resident of Barnstable and a Republican candidate for state representative in the Fifth Barnstable District (Sandwich, Barnstable Pcts. 11 & 12, Bourne Pcts. 1, 2 & 7, and Plymouth Pct. 9).
Steve spent forty years serving the people of Cape Cod as a member of the Yarmouth Police Department, retiring in late 2019 from the position of Deputy Chief of Police. Throughout his career, Steve attended numerous specialized training courses and is a graduate of the Babson College Command Training Course and the FBI Law Enforcement Executive Development Seminar. He is the recipient of 22 various police department awards and decorations including Officer of the Year, Yarmouth Area Chamber of Commerce Person of the Year, Rotary Club of Yarmouth Vocational Service Award, Mothers Against Drunk Driving Officer of the Year, and the Barnstable County Human Rights Commission Rosenthal Award.
Steve also remains active in many charitable and civic causes. This includes, but is not limited to, the Nicholas G. Xiarhos Memorial Fund (which was created in memory of Steve’s son, Nick, who was a Marine killed in combat in Afghanistan in 2009). Currently, Steve serves on the Board of Directors of the Massachusetts Iraq and Afghanistan Fallen Heroes Memorial Fund and the Massachusetts Military Support Foundation; as well as a Volunteer for Wounded Warrior Project Cape Cod Soldier Ride.
Endorsements
Steve Xiarhos is proud to have his candidacy for State Representative endorsed publicly by:
- State Representative Randy Hunt (R – 5th Barnstable District)
- State Representative Will Crocker (R – 2nd Barnstable District)
- State Representative David Vieira (R – 3rd Barnstable District)
- Barnstable County Sheriff James M. Cummings
- Jeff Perry (former State Representative and Cape Cod Republican activist)
- Barnstable Town Councilor Matthew Levesque
- The Massachusetts Coalition of Police
- The Massachusetts Police Association
- Bob Avila, Sandwich Resident and Owner of Captain John Boats
For more information about Steve Xiarhos and his campaign, please visit his Website, www.Xiarhosforrep.com.
About the Fifth Barnstable District
The Fifth Barnstable District in the Massachusetts Houses of Representatives consists of the entire town of Sandwich, plus precincts 11 and 12 in Barnstable, precincts 1, 2, and 7 in Bourne, and precinct 9 in Plymouth.
The Republican primary is Tuesday, September 1. The general election is on November 3.
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