Newton’s Auxiliary Police have been a familiar, integrated part of large community events since the 1950s, when they were organized to serve as Civil Defense officers. Under the leadership of Deputy Chief of Auxiliary Police Jeff Silton, this all-volunteer force has assisted Newton Police in traffic and crowd control, monitoring temporary traffic barriers, directing traffic, and providing safe pedestrian street crossing at events — such as Village Days, concerts, and Newton’s July 4th celebration and Harvest Fair. Although the Auxiliary Police do not have enforcement powers — they cannot arrest people or issue citations, and they do not carry weapons — they have provided an additional layer of public safety.
Since Newton’s huge July 4th celebration this year, however, the Auxiliary Police have disappeared from public events, leaving some event planners and the Auxiliary confused and uncertain about the future.
The confusion about the Auxiliary Police apparently stems from the 2020 Police Officers Standards and Training (POST) Commission’s release of law enforcement certification definitions and requirements — a part of the Massachusetts Police Reform Act of 2020. The Legislature undertook Law Enforcement Reform — signed into law by Governor Baker — in the wake of the police killing of George Floyd and concerns about other possible racially motivated police actions. The Act requires training, certification, and recertification for “law enforcement officers” — defined in Chapter 6E of the General Laws, Section 1.
Do Newton’s Auxiliary Police fall under that definition? In Cambridge, Natick, and Waltham, Auxiliary Police continue to function as a non-law enforcement volunteers to help with traffic and pedestrian safety at community events. Framingham, on the other hand, has disbanded its Auxiliary Police.
In Newton, Chief John Carmichael is trying to sort through the implicit and explicit application of the Massachusetts POST Commission. While Newton’s Auxiliary Police have no enforcement powers, they wear uniforms and drive Newton police cruisers. Chief Carmichael praises the Auxiliary Police, saying that it is “an incredible asset and resource.” He is concerned, however, that if the Auxiliary volunteers are in what the public perceives to be a Newton Police uniform, the public may mistake them for law enforcement officers, and that might lead to problems. He raised concerns as well about the fact that the Auxiliary has been driving cruisers with blue emergency lights.
Jeff Silton has served on the Newton Auxiliary Police for twenty-five years, eleven as Deputy Chief. He joined because it allows him to stay grounded in Newton, where he was raised. Being part of the Auxiliary Police gives Jeff a chance to contribute to Newton, and he has made some of his closest friends through his service. He is first to point out that the Auxiliary Police have no enforcement power and only use blue lights on cruisers when they are stationary and marking a car accident or road work.
Newton Police Superintendent George McMains says that in the POST era, the role of the Newton Auxiliary Police is “a work in progress. We don’t want to violate the rules.” Both the Chief and Superintendent are mulling over the way to incorporate the Auxiliary — perhaps by changing the uniform, thereby clearly defining them as Auxiliary and not active Newton Police Officers.
Chief Carmichael argues that: “Whereas Auxiliary Police are not defined as law enforcement officers and do not have the training or certifications as a police officer, they must either have a specific role and responsibility and not operate in a certain manner as we have in the past. They cannot assume the role of a law enforcement officer. This is the Standard POST created.”
Based on POST and the Justice, Equity, and Accountability Act (December 31, 2020), Chief Carmichael says “we need to assess:
- Auxiliary personnel should not wear a police uniform, police patches, or police badges, which resemble the appearance of a police officer.
- Auxiliary uniforms are recommended to be a polo shirt type of clothing or jackets stating “Auxiliary” as an example and nothing indicating ‘police.’
- Auxiliary personnel should not operate or use ‘police vehicles’ representing the police equipped with blue lights [MGL c. 90 , 7 E], addresses this. This could also apply to the potential seizure of people by the activation of blue lights and avoiding encounters where someone believes they are detained and not free to leave. Auxiliary vehicles should be marked as such, and be equipped with amber lighting as an example.
- Auxiliary personnel or other supplemental personnel working paid details must only wear ‘traffic control’ vest or redefine their title to ‘Traffic Control Agent:etc’ Such personnel should only perform traffic control functions.
- Care must be given to the function of auxiliary personnel, such as supplementing security at an event and ability to encounter, stop, or detain a person such as a police officer [NPD subject to 4th amendment and article 14].
- Essentially, the role of Auxiliary would be traffic control assistance or pedestrian crossings, with modified appearance in uniformity.
With all that said, our Auxiliary has performed exceptionally throughout the years and have been a tremendous asset. We honor and respect what they do. Police reform has changed some our past practices as how we need to operate and look in the future.”
As the Chief and the Superintendent consider the Auxiliary’s role, Jeff Silton, Deputy Chief of the Newton Auxiliary Police, is in limbo about the process. For example, he recruited six officers for Newtonville’s Village Day scheduled for September 18 — a longstanding tradition for his volunteers. Five days before the event, he was notified by NPD Sergeant Michael Wade, Traffic Bureau, that the Auxiliary was cancelled. Dana D’Agostino, Co-chair of the Newtonville Village Day event, was notified on August 30 “that Auxiliary will NOT be available for the Village Day per the Chief’s office.” She was directed to Lt. Leone and arranged for two police details instead. (Ms. D’Agostino noted that the two officers did a wonderful job.) The Auxiliary Police do not charge for services; police details do. In the past, the Auxiliary had also been assigned to assist with traffic control at roadwork sites. Now, paid detail officers and retired officers are assigned, if possible.
As the Newton Police Department grapples with the appropriate role for the Auxiliary Police, it is dealing with a decline in the number of certified officers and eligible applicants. Currently, the force, which at full complement would be 149 officers, is down by 10 full-time personnel, according to Chief Carmichael. Both Chief Carmichael and Superintendent McMains noted that it is getting harder to recruit people to the police force — not just in Newton but across the country. Instead, people who might have applied to the police department are applying to the fire department.
Newton residents get priority in the consideration of applicants for police positions, but last year only twelve people applied. In the past, the qualification test would be given every two years, with many thousands of people hoping to enter the police force. Last year, only 2,500 people applied statewide, and now the test is administered every year to encourage more recruits.
The shortage of officers necessitates making staffing choices at events. At the October 18 Newton Harvest Fair, there were no Auxiliary Police assisting in regulating traffic on Center Street to allow pedestrians to cross, and there were only three uniformed Newton Police Officers on duty, although the crowd probably exceeded 4,000 people, with more vendors than in previous years, according to Paula Gannon, Director of Newton Cultural Development. Newton’s Department of Public Works positioned a large truck to prevent cars from traveling on Langley Road, to protect vendor booths. And members of the Newton Rotary Club assisted vendors in locating their assigned spots.
Chief Carmichael and Superintendent McMains clearly face challenges as they try to expand their commitment to community outreach and to improve attitudes and relationships between the Newton Police Force and the people they serve.