Written by Aprille May Mumford
masslive.com
HOWYOKE, Mass. — Two local police unions are calling for City Councilman Israel Rivera to be fired after he made racist slurs. arrest He invoked his position last month, saying he had asked for special treatment to avoid a DUI charge, but city leaders insist that doesn’t automatically trigger his removal.
Holyoke Police Supervisors Union Local 409 and Police Patrolmen Union Local 388 are calling on the city to require Mr. Rivera to: get off following charges related to an arrest in December.
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Rivera, 40, declined to comment.
City Council President Tessa Murphy-Romboletti said the city council needs to balance accountability and due process. She noted that Rivera’s case is still ongoing and the council has limited authority to take disciplinary action.
But Murphy-Lomboletti acted within his authority to remove Rivera from the Public Safety Commission. During his arrest, Rivera told a state police trooper, “I’m the one who decides your (expletive) budget (racial slur). …If I’m going to vote for your (expletive), I’m going to vote against you, brother.”
The City Council only oversees the Holyoke Police Department’s budget, not the state police.
Nevertheless, Murphy-Romboletti said the decision to remove her from the Public Safety Committee was intentional and reflects her determination to maintain public trust while respecting due process.
She said her responsibility as City Council president is to keep the legislative body functioning and focused on the city’s priorities.
“Unless there is a conviction or clear legal direction requiring parliamentary action, I will proceed in a manner consistent with how previous Speakers of Parliament have handled similar situations and continue to move the business of Parliament forward,” she said.
Rivera is scheduled to appear in court on Monday. He has pleaded not guilty and previously said he would work on the case while trying to restore public trust.
If convicted of a misdemeanor OUI charge, you could be sentenced to more than 100 days in jail. He also received a civil citation for failure to stop or yield and speeding after running a red light that prompted a traffic stop by a Massachusetts State Police trooper.
A conviction does not automatically remove Rivera from office. Under Massachusetts law, only a felony conviction can disqualify a person from public office. Removal of local elected officials requires separate legal or charter procedures.
The union’s calls for Rivera’s resignation stem largely from statements he made to police during the encounter, details of which were revealed in a video released by the union this week.
State police stopped Rivera early on Dec. 21 after an officer saw his car speeding and running a red light on Appleton Street in Holyoke, according to a criminal complaint and body camera footage.
Police said Rivera then drove onto a sidewalk near the apartment complex because he had “nowhere else to go,” the complaint said.
Officers reported smelling alcohol and said Rivera had slurred speech and cloudy eyes, and admitted to coming from Wyckoff Country Club, where he told police he had two drinks.
Rivera failed part of a field sobriety test, repeatedly cited his position as a City Council member, asked for discretion, and even offered to walk home.
The officers also said Mr. Rivera asked them to “work together,” adding, “That’s fine, we’ll just cut the budget,” adding, “Everyone else (formerly) City Councilman David Bartley and sheriff nicholas koch ) gets a pass, but I don’t get a pass. ”
Police said Rivera became agitated, screamed, banged his head on the cruiser door, shouted profanities and used racial slurs.
He told the officers, “Do you know who I am? I’m not a regular (racial slur),” and then said, “I’m the one who makes your (expletive) budget (racial slur).”
Rivera added that he would deactivate the ShotSpotter alert system and complained that state police, not city police, were conducting the stops, saying Holyoke officers “don’t do their (expletive) job.”
Officers also reported that Rivera claimed to have close ties to Mayor Joshua A. Garcia and Police Chief Brian Keenan.
Some of Rivera’s comments during his arrest, particularly his references to his position as a City Council member and the police budget, are central to the union’s claim that he violated the state’s conflict of interest law.
Massachusetts law prohibits city council members and other elected officials from using their positions to receive preferential treatment, according to the state Ethics Commission.
This rule also includes encounters with police, such as traffic stops. The state’s conflict of interest law says officials can’t mention or allude to someone’s title in an attempt to avoid a ticket or receive leniency.
Even if the favor is not granted, the law still applies. Its purpose is to prevent the appearance of injustice and ensure that everyone is treated equally under the law.
Elected officials are not allowed to identify themselves as city council members, imply that they work for the city, refer to political influence or affiliations, or imply the impact of an officer’s decision during a traffic stop.
Even subtle acts like showing a badge or handing out an official business card can violate the law.
Complaints regarding potential ethics violations typically begin with an informal review by Commission staff based on public information, news reports, or other information.
The commission may close cases, issue confidential educational letters for minor issues, or launch formal investigations if more serious concerns are found.
If a formal investigation is initiated, officials will be notified and authorized to respond. The Commission may issue confidential compliance letters and/or take public action, including public hearings and civil penalties. Most cases are classified unless made public by the commission.
The union says Rivera’s actions merit his resignation.
Noting that Holyoke does not have its own city ethics commission, they filed a formal ethics complaint and requested body camera footage after concerns raised with city officials went unanswered.
Mr. Garcia could not be reached for comment Tuesday, but he previously said concerns raised by the police union about Mr. Rivera’s personal issues should be addressed by state officials or the union’s lawyers. Unions call it bias.
“But in any case, I can confidently say that Councilman Rivera’s personal circumstances have nothing to do with the day-to-day operations of the Holyoke Police Department and the great job they are doing under Chief Keenan’s direction,” Garcia previously said.
City officials and police leadership issued separate responses as the issue continued to gain attention.
Keenan said the department was aware of Rivera’s comments before the video was released and continues to support Garcia’s statements.
City Clerk Brenna Leary said Holyoke does not have a process in place for recall requests.
“Additionally, we have not received any inquiries regarding this matter,” Leary said.
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