A Second Bite: Select Board Seeks Residents View On Ending Civil Service For Police On Thursday

Photo: Belmont Police Chief James MacIsaac

It’s a second bite at the apple as the Belmont Select Board will be holding a hybrid public meeting on Thursday, Sept. 7, to discuss whether or not the Belmont Police Department should end its relationship with the state’s Civil Service system.

The meeting will occur in the Select Board Conference Room in Town Hall at 7 p.m. Residents can attend via Zoom at this link.

The meeting marks a second attempt to end the police department’s relationship with the government agency designed to provide fairness in the public sector, in entry-level hiring, and promotions, including bypass in rank, demotions, layoffs, and discipline which includes suspensions and terminations.

Supporters of ending civil service, which included town officials, the Select Board, and the leaders of both fire and police departments, believe the town would see significant cost savings by ending a 108-year-old arcane system for hiring and promotions, replacing it with an efficiently run locally-focused practice. 

Opponents made up of the rank and file of Belmont Fire and Police and resident supporters said changes to civil service – such as altering age limits and increasing diversity in the number of candidates – can be made by changes to the existing language of the agreement.

The last time the issue came before a Town Meeting, an article removing civil service for Belmont’s Police and Fire departments was withdrawn by the Select Board minutes before it was to be presented before a contentious Special Town Meeting in September 2020.

Since then, issues with Civil Service requirements continue to plague hiring at the Police Department. In 2021, Police Chief James MacIsaac pointed to an inability to fill important entry posts for two years due to the limited number of candidates he could choose from. He also said he could bring a more diverse group of candidates to the hiring process outside of Civil Service.

While more than 130 cities and towns have accepted Civil Service, many communities have recently ended their relationship, including Lexington in 2019.

Guilty Verdict In Henry Tapia Murder Case: ‘A Senseless Tragedy Fueled By Hate And Anger’

Photo: Protests over the murder of Henry Tapia in January 2021

A Middlesex County jury on Monday found Hudson resident Dean Kapsalis guilty of the racially-motivated murder of Henry Tapia during a road rage incident on Upland Road in Belmont more than two years ago, according to a press release from Middlesex District Attorney Marian Ryan.

Kapsalis, 56, was convicted of shouting a racial insult at Tapia, a 34-year-old man of color, before hitting him with a Dodge Dakota truck, running him over and killing him. While a Boston resident, Tapia was living with his partner and son in Belmont.

The jury’s verdict, announced on Monday, May 1 after two weeks of testimony and three days of deliberation, found Kapsalis guilty of second degree murder, violation of constitutional rights causing serious bodily injury, assault and battery by means of dangerous weapon (motor vehicle) causing serious bodily injury, and leaving the scene after causing injury.

Kapsalis will be held without bail until sentencing by Associate Justice of the Superior Court David Deakin on June 27, 2023.

“The murder of Henry Tapia is a senseless tragedy fueled by hate and anger. The fact that some of the last words Henry Tapia heard were a horrific racial insult meant to intimidate and threaten him based on the color of his skin is something we cannot tolerate,” said Ryan at a press conference with Belmont Police Chief James MacIsaac after the verdict was rendered. Tapia’s death lead to local protests and ongoing conversations on racial bias in Belmont.

On Jan. 19, 2021, around 4:22 p.m., Belmont Police received a 911 call reporting that a man had been struck by a car in the area of 39-45 Upland Road. Police immediately responded and located Tapia conscious but suffering from life-threatening injuries. First responders provided emergency assistance until Belmont Rescue arrived on the scene. Tapia was transported from the scene to Massachusetts General Hospital where he later died from his injuries.

The subsequent investigation by Belmont and State Police revealed Kapsalis and Tapia had engaged in a verbal altercation on Upland Road. That argument wound down but as Tapia began to walk back toward his car, Kapsalis hurled a racial slur at him and then got into his pickup truck and drove it at Tapia, striking him and dragging him a short distance before Kapsalis fled the scene. He later turned himself in to police. At trial, the defense argued Tapia’s death was an accident. 

“What is significant about today’s verdict is that when we have incidents in Middlesex County motivated by bigotry and racism, that hatred will not be treated as a background fact. It will be charged and prosecuted separately. Although nothing that happens in Court can return Mr. Tapia to his grieving family, today’s convictions send a strong signal that those who commit hate fueled violence in this county will be held fully accountable,” said Ryan.

Select Board Increases Most Parking Tickets To $25

Photo: A close call whether this vehicle is impeding sidewalk travel

For the first time in more than a decade, most parking ticket fines are increasing, going up $10 to $25 after a vote by the Select Board on Monday, April 11. But it could take a while before scofflaws hand over the higher fine.

The hike in the parking penalties came as part of a presentation of a citizens’ petition that will come before Town Meeting on May 3.

Town Meeting Member Gi Yoon-Huang of Winn Street (Precinct 8) told the Board of a safety issue involving vehicles that jut out of driveways and block the sidewalk. She said in her precinct, this is forcing children and parents heading to the Winn Brook School to enter the street to go around them.

She was spurred to launch this effort after speaking to a resident who uses a walker and fell attempting to move past a car blocking the sidewalk.

Yoon-Huang said while police would respond quickly to calls and the owners eventually move their vehicles, “it would often be a repeat offender … and it took us years to have this one street cleared.”

“The main goal [of the petition] is to bring awareness that this is a problem, but also to further clarify it further,” said Yoon-Huang.

Her petition would also increase the parking fine for this offense – after a first warning – which will increase with each infraction; a second ticket would be $50 and a third and more at $100. The petition would require stepped up communication with residents on the new bylaw.

“This is to help improve safety for everyone,” said Yoon-Huang, who has agreed to make a presentation before Town Meeting at which time the town will adopt the bylaw provisions into the existing parking regulations. Her petition will then be tabled, and a motion to dismiss will be presented to Town Meeting.

Belmont Police Chief James MacIsaac said his department actively targets any vehicle that is an obstruction, including those crammed into driveways to avoid violating the town’s 60-year-old overnight parking ban enforced between 1 a.m. and 7 a.m.

“So they have a choice to make. They leave the car out at night, and they absolutely get a ticket, or they squeeze it in the driveway. An officer working the midnight shift is not going to probably tag those cars in the drive way as they are making an effort to be off the street,” said MacIsaac.

But for a group of residents, the current $15 fine isn’t much of a deterrent. “Some people pay them and just go on violating it,” he said, noting the last time Belmont increased ticket fees was 2005, and before that, in the 1980s.

A few parking violations have unique penalties, such as parking at an MBTA bus stop which is $100, and $50 for stopping in a designated bike lane.

MacIsaac noted that during his nearly quarter century in law enforcement, residents’ first and overriding complaint about his department is parking tickets. “I’ve been people get ten times more upset getting a $15 parking ticket than a $200 speeding ticket.” The chief said officers issue an average of 28 parking tickets daily, of which eight to nine are overnight violations.

MacIsaac said that of the two sections of state law (MGL 9020) governing traffic citations, Belmont adopted the one where most tickets top out at $25. He said creating a unique violation with an increasing fee would run counter to state law. If the town wants to raise ticket fees, it should adopt the other section of the ticketing law – which only Boston and Cambridge have adopted – under which Belmont can jack up parking ticket fees to $60.

“I actually think that the dollar fine would really spur good behavior,” said Elizabeth Dionne on her first meeting as a board member. “I think $20 is not that significant. I think $50 and $100. The goal is never to collect the money. The goal is to have clear sidewalks.”

Board member Roy Epstein believes that “it’s not necessary to jump to a very high fine right away” to force compliance; instead using the existing enforcement options available to the town. He said under the current traffic citation law, the police can return to towing vehicles (suspended during COVID) for someone with a significant number of tickets as well as “boot” vehicles “just to let them know that we are serious about this.”

While not wanting to impose a significant increase in the parking fee structure, Epstein said it was time to bring these penalties to a more realistic level.

“I think its time to increase all of the $15 to $20 because of 20 years of inflation,” said Epstein, with Dionne suggesting upping it to $25.

The discussion then proceeded to whether the town needed to include vehicles as an “obstruction” impeding pedestrian travel on a sidewalk. Town Moderator Patrice Garvin said town bylaws already call for action on any “obstruction,” whether it’s a car, shrubbery, or snow.

Rather than bringing complicated issues on enforcement before the 290-member Town Meeting, Paolillo said the board would “combine the spirit of some of the things [in the citizens’ petition] into our parking regulations and increase our fines. I think that goes a long way to address the concerns of the petitioners.”

While the board quickly passed the new $25 parking fine, there will be some leeway before the bylaw goes into effect. MacIsaac said the department will need to finish the existing supply of ticket books with the old fine before ordering a new batch with the $25 fee.

Portion Of Goden Street To Close At 7 AM, Friday For Emergency Sewer Repair

Photo: The impacted area of Goden Street

An emergency repair to a faulty sewer line will require a portion of Goden Street to be closed to vehicle traffic starting at 7 a.m., Friday, March 24, according to Belmont Police.

The closure, from School Street to Concord Avenue, will impact travel to Belmont High School as Goden Street enters the intersection with Concord that leads to the school’s parking and entrance.

Belmont Police Promote Donahue To Captain

Photo: BPD Lt. Christopher Donahue (left) being sworn in as a captain by Belmont Town Clerk Ellen Cushman at Police HQ

The Belmont Police Department promoted Lt. Christopher Donahue to captain on Thursday, Feb. 23, when Town Clerk Ellen Cushman swore in Donahue at Police Headquarters.

“I want to congratulate Capt. Donahue on his well-deserved promotion,” said Belmont Police Chief James Maclsaac. “Throughout his career, Capt. Donahue has shown unwavering dedication to the Belmont Police Department, and I am confident he will excel in his newly appointed role.” 

Donahue has been a member of the Belmont Police Department for 27 years, serving in various capacities, beginning his career in 1996 as a patrol officer. In 2000, Capt. Donahue was promoted to sergeant, where he helped the department for four years before his appointment to lieutenant in 2004. In 2020, Donahue was assigned as the Officer in Charge of the department’s Detective Division.

Donahue also graduated from the elite law enforcement leadership program at the FBI National Academy in Quantico, VA.

Donahue has received numerous awards and commendations over his career including the Chief’s commendation 2011 and the Sept. 11 Award, presented by the Middlesex District Attorney’s Office for his work with high-risk domestic violence cases. The award is presented annually to one or more first responders or investigators for demonstrating extraordinary courage, bravery and/or selflessness in a way that is reminiscent of first responders who responded to the World Trade Center on 9/11.

BPD Officer D’Andrea Awarded Department’s Lifesaving Award

Photo: From left, Belmont Police Officer Marco D’Andrea receiving a Lifesaving Award from Belmont Police Chief James MacIsaac for his heroic efforts on Thursday, Feb. 9. (Photo courtesy of the Belmont Police Department)

Belmont Police Chief James MacIsaac awarded BPD Officer Marco D’Andrea the department’s Lifesaving Award on Feb. 15 following his actions during a sporting event while he was off duty. 

“Our officers are sworn to protect and serve, and that commitment extends beyond their time in uniform, as Officer D’Andrea showed,” said MacIsaac who presented

D’Andrea was recognized for his actions that occurred on Thursday, Feb. 9. While off-duty at a soccer match in Belmont High School’s Wenner Field House, D’Andrea acted to assist a fellow player who suffered a medical emergency.

The 62-year-old man, who wishes to remain anonymous, collapsed while participating in the soccer match. D’Andrea took immediate action by ensuring Belmont EMS was called before beginning to perform CPR. He instructed a bystander with retrieving an automatic external defibrillator (AED) and used it on the patient.

After the AED was used, the patient regained consciousness. On-duty first responders arrived on the scene and provided additional care until Belmont firefighters arrived and transported the man to a hospital.

“We are all proud of his quick thinking and calm actions, and grateful that an AED was available as a resource, which helped save the life of a fellow participant that day,” said MacIsaac.

Two-Alarm Fire Heavily Damages Belmont Street House

Photo: A two-alarm heavily damaged a Belmont Street house on Feb. 15.

A two-alarm blaze heavily damaged a Belmont Street residential property on Wednesday evening, Feb. 15.

Fire crews were dispatched after a 911 call came in at 8:43 p.m., according to a press release issued by Belmont Fire Chief David DeStefano. When crews arrived, heavy fire was coming from a top-floor window. The incident commander immediately struck a second alarm.

Firefighters from Cambridge, Watertown, Waltham, and Arlington provided mutual aid at the fire. Station coverage was provided by Lexington and Somerville.

The fire was brought under control around 10 p.m. There were no injuries. The American Red Cross assisted the five tenants displaced by the fire.

The origin and cause of the fire are under investigation by the Belmont Fire Department and the State Fire Marshal’s Office.

Belmont Two-Alarm Fire Heavily Damages Beech Street Multi-Story Structure

Photo: Belmont firefighters responded to a two-alarm fire on Beech Street on Saturday morning. (Photo Courtesy Belmont Fire Department)

Belmont Fire Department responded to a two-alarm fire in a multi-story structure on Beech Street early Saturday, Feb. 4, which heavily damaged the top floor.

According to Belmont Fire Chief David DeStefano, first-arriving crews discovered flames coming from the roof of the residential building. Six occupants of the home escaped unharmed from the two-alarm fire.

With the assistance of mutual aid partners from the Arlington, Cambridge, Waltham, and Watertown fire departments, Belmont firefighters brought the fire under control in approximately an hour. Extensive overhaul operations were required to check for hot spots.

“Extreme cold creates additional challenges in fighting a fire, and this fire was no exception,” DeStefano said in a press release. “I wish to commend our firefighters for their terrific work and professionalism in below-zero temperatures and minus-35[F] wind chill, and especially our mutual aid partners for their timely response and support.”

Select Board OKs Belmont Patrol Officers Contracts; All Town Employee Agreements Completed

Photo: Final contract has been signed off

The Belmont Select Board approved two Memorandum of agreement with the 50-plus member Belmont Police Patrolman’s Association on a wintery Monday night, Jan. 23, completing contracts with each of the unions representing Belmont public employees.

“All our contracts are apparently settled,” said Patrice Garvin, Belmont’s town administrator who led the negotiations for the town.

“It’s great to be finally done,” said Mark Paolillo, chair of the Select Board. “I would characterize all of our contracts as fair … to the employees and also to the town of Belmont.”

The agreements are very similar to the pair of agreements OK’d two weeks ago with the firefighters union, said Garvin. The two contracts are:

  • A two-year term from July 1, 2020 to June 30, 2022 with a Cost of Living Adjustment (COLA) of 2 percent in each year. The memorandum of agreement also includes an increase in the first responders stipend by 4.5 percent effective July 1, 2021.
  • The second agreement runs from July, 1, 2022 to June 31, 2025 with the COLA compensation at 2 percent for each of the 3 years. There is an increase for first responders stipend starting July 1, 2022. “This payment will be equal to 6 percent of the weekly base pay as well as an educational incentive for a bachelor’s degree,” said Garvin. The stipend will incrementally increase in the subsequent years, to 7 percent on July 1, 2023 and 8 percent in July, 1, 2024. Patrol officers will receive an extra dollar in their detail rate from $3.50 to $4.50, Juneteenth is added as a paid holiday, officers will receive a $2,000 Covid-19 stipend just like their firefighting brethren, and employees will receive five weeks of vacation after serving 20 years; currently to take five weeks requires 25 years of service.

Shea It’s So: Three New Belmont Patrol Officers Join The Family Profession

Photo: From left, Connor, Michael and Ryan Shea after they were sworn in by Belmont Town Clerk Ellen Cushman on Wednesday. (Courtesy Belmont Police Department)

The Belmont Police Department has secured a third generation of the Shea family in its ranks as brothers Connor and Michael and their cousin, Ryan, joined the family profession after being sworn in as Belmont patrol officers by Belmont Town Clerk Ellen Cushman on Wednesday, Jan. 18.

The new officers will be joining their fathers as public safety officers: Connor and Michael are the sons of Belmont Police Detective Sgt. Kevin Shea while Ryan is the son of Lasell University Police Chief Robert Shea. And the three are the grandsons of former Belmont Police Chief Robert Shea.

“I’m happy to welcome these three young men from a family that has supported law enforcement and served the Town of Belmont for three generations now,” said Belmont Police Chief James MacIsaac. “These three men and their entire family have shown a commitment to our community that will continue for years to come.”

After an extensive 21-week academy program, the Sheas graduated with the 1st Recruit Officer Class of the Lynnfield Regional Police Academy and will now begin the BPD’s Field Training program, according to MacIsaac.