PAX Centurion - Spring 2019

Page 46 • PAX CENTURION • Spring 2019 617-989-BPPA (2772) Smile, You’re on Candid Camera * … From Decker on page 39 Martin plaintiffs contend that allowing police officers to “respond appropriately” to notice of recording will permit them to alter any inappropriate behavior. In other words, the court holds that the 1 st amendment requires that we need to be able to “catch” the cops behaving badly. The court concludes: [T]he Court holds that secret audio recording of government officials, including law enforcement officials, performing their duties in public is protected by the First Amendment, subject only to reasonable time, place, and manner restrictions. So, the secret recording in public of police officers (and other government officials), but NO ONE ELSE , is now legal. The decision does have a few important provisos. First, the judge notes that her decision is limited to secret recording in public spaces, noting that “[i]n general, though, the First Amendment does not guarantee a right to free expression on private property.” So, it does not permit recording in private spaces. What’s a public space v. a private space? Stay tuned, that’ll have to be decided in future cases. What is clear is that you are likely being recorded, and it’s not Allen Funt waiting to jump out and prank you. * Assume you are being recorded whenever you are on duty. And I’ll finish with a quick plug for our podcast, which you can find at www.deckerrubin.com . Each month, Jennifer and I will discuss some cases (we discussed this case in our January podcast) of import to Massachusetts public safety officers. Be safe, and thank you. * Bonus points if you get the reference – it means you’re old, like me, and we need bonus points. A lmost 100 Exposure Reports from officers assigned to E5 were submitted to the BPD/BPPA following a report released from EMSLAnalytical on October 10, 2018 that confirmed a “High” presence of MOLD/Bacteria at the E5 police station. Several officers who worked at the E5 police station told the PAX that for years they would smell a strong “musty odor” in the station during damp weather conditions. They had no idea the odor they smelled was from a mold substance called CHAETOMIUM. Like most types of mold it develops through water damaged spaces in ceilings, walls and sometimes floor panels. ChaetomiumMold is harmful because it can cause skin infections for some and can compromise the immune system for others who have sensitivity. The analysis report also revealed a “High” level of CLADOSPORIUM mold at E5 which could trigger allergic reactions and may cause elevated risks for chronic asthma and allergies. In some extreme cases, this mold could cause lung infections. Days after this report was published, police personnel in several office spaces were relocated in the police station temporarily while technicians arrived to begin the mold remediation process. All of this was done while the E5 police station was going through a major demolition and renovation project. Many have asked if police buildings should remain occupied during major demolition projects and what health risks are involved to people inside when workers are removing debris and contaminated materials. Since the discovery of Mold/Bacteria substances at the E5 police Health & Safety Notes: P.J. Downey, BPPA Representative, Headquarters E5-MOLD/Bacteria discovered at E5 police station station, BPPARepresentatives from E13, C6 and D14 have requested and are awaiting testing results for areas inside their police stations after finding discoloration on ceiling tiles, decay on heating and water pipes and severe moisture stains on walls and flooring in these buildings. Members are reminded that Exposure Forms are available online through the BPPA Home Page at www.bppa.org . Portable radio communications failures continue D espite the ongoing multi-phase project costing taxpayers millions of dollars to enhance our obsolete emergency radio communications system, officers are still finding themselves calling for assistance and finding out that nobody could hear them. In December of 2017 a Drug Control Unit working around Chinatown and the Boston Common were forced to shut down a drug surveillance investigation because of chronic reception problems with their portable radios. In some instances, the officers were within sight of each other, but were unable to transmit or receive important radio messages between them. Some officers had brief contact on the radio while following suspects who were gathering and separating on adjacent streets. The operation became so unsafe that the squad supervisor called each officer by cell phone and directed everyone to return to the police station. This issue was eventually resolved when technicians from the BPD Radio Shop issued the DCU officers new radios and switched their investigative communications from the current analog system into a temporary trunking or digital style program. Ayear later, the problems with our unreliable radio communications system continues on December 22, 2018 officers located 2 robbery suspects inside the State Street MBTATrain Station and were unable to transmit to other responding officers their whereabouts causing an immediate officer safety issue. This happened again recently on February 25, 2019 when a search for a missing EDP with complications was conducted around Government Center. The missing person had been off his anxiety and depression medication for several days and refused to return home when contacted by family. An officer checked the Government Center MBTATrain Station and located the missing EDP person. The EDP became argumentative and uncooperative with the officer and pushed his way onto an outbound Blue Line Train to avoid further contact with the officer. The officer made several transmissions on her portable radio to alert the Dispatcher and other officers in the area that she had located the Missing EDP on the train platform, but nobody heard her repeated calls for assistance. She was finally able to make contact with Operations when she exited the subway platform and made her way up the stairs. The EDP was eventually stopped at another MBTATrain Station by Transit Police and sent to the hospital for an evaluation. The examples of portable radio communications failures are happening with almost one or two reported on a monthly basis to the BPPAand forwarded to the BPD Radio Shop. Some of these radio failures are more serious than others. However, all of them provide us with a stark reminder that when we are in trouble and are calling for immediate assistance there is a possibility that nobody is coming because we were never heard. Please report all radio communications problems to the BPPA at healthandsafety@bppa.org .