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Legislative Matters Committee

Tuesday, March 14, 2023 at 6 PM

Online only

This meeting has happened. Minutes are final.

What happened

13 items of legislation were taken up.

  • 4 kept in committee
  • 3 recommended to be approved as amended
  • 2 accepted
  • 2 recommended to be marked work completed
  • 1 recommended to be placed on file
  • 1 recommended to be approved

Agenda 13 items

Notices from the agenda

This meeting was held via GoToWebinar and was called to order by Chair Davis at 6:02 pm and adjourned at 7:26 pm with a roll call vote of 4 in favor (Councilor Scott, Councilor Burnley, Councilor Kelly, and Chair Davis), none opposed, and 1 absent (Councilor McLaughlin). Councilor McLaughlin was unable to attend due to travel. Others present: Neha Singh – Mayor’s Office, Brendan Salisbury – City Clerk’s Office, Joe Lynch – Somerville Licensing Commission, Stephanie Widzowski – Clerk of Committees.

(Posted online: 3/10/23 at 11:45 AM)

Pursuant to Chapter 107 of the Acts of 2022, this meeting of a City Council Committee will be conducted via remote participation. We will post an audio recording, audio-video recording, transcript, or other comprehensive record of these proceedings as soon as possible after the meeting on the City of Somerville website and local cable access government channels. Copy & paste the following link into your internet browser to view this meeting live: https://attendee.gotowebinar.com/register/6497080608913163100

Roll Call

Somerville Public Schools STAR

Family and Relationship Structure

Licensing Commission Alternative

Paid Leave for Survivors

  1. 1.
    23-0193 Committee Minutes Accepted

    Approval of the Legislative Matters Committee Minutes of January 31, 2023.

    Roll call: 4 aye · 1 absent
    • Lance L. DavisAye
    • Charlotte KellyAye
    • Willie Burnley Jr.Aye
    • Matthew McLaughlinAbsent
    • Jefferson Thomas (J.T.) ScottAye
  2. 2.
    23-0253 Committee Minutes Accepted

    Approval of the Minutes of the Legislative Matters Committee Meeting of February 14, 2023.

    Roll call: 4 aye · 1 absent
    • Lance L. DavisAye
    • Charlotte KellyAye
    • Willie Burnley Jr.Aye
    • Matthew McLaughlinAbsent
    • Jefferson Thomas (J.T.) ScottAye
  3. 3.
    23-0107 Mayor's Communication Recommended to be marked work completed

    Conveying the 2022 Surveillance Technology Annual Report as it relates to Somerville Public Schools.

    {\rtf1\ansi\ansicpg1252\deff0\deflang1033{\fonttbl{\f0\froman\fprq2\fcharset0 Times New Roman;}{\f1\fnil\fcharset0 Times New Roman;}} {\colortbl ;\red0\green0\blue0;} \viewkind4\uc1\pard\nowidctlpar\qj\f0\fs24 Liaison Singh addressed a previous question from Councilor Kelly on whether Somerville Public Schools will notify the Council when the notification system is ready. She said that the system is now in place for text, email and 911 if the technology is triggered, but implementation through police cruisers is still ongoing. Councilor Kelly commented that she would like to know how the system will work with the new police policy passed by the School Committee.\par \par Councilor Scott asked if there is any other technology specific to Somerville Public Schools that will receive a report and mentioned concerns a student raised about surveillance technology in school laptops. Chair Davis said that because the reports are specific to the technology, laptop surveillance would require its own annual report.\par \par Councilor Burnley asked of SPD how Somerville Public Schools investigate complaints about surveillance technology and whether there are policies in place to train staff to do so.\par \pard\cf1\f1\par }

  4. 4.
    22-1992 Ordinance Recommended to be approved as amended

    Amending Section 1-4 of the Code of Ordinance to add definitions for relationship status and intimate personal relationship.

    {\rtf1\ansi\ansicpg1252\deff0\deflang1033{\fonttbl{\f0\froman\fprq2\fcharset0 Times New Roman;}{\f1\fnil\fcharset0 Times New Roman;}} {\colortbl ;\red0\green0\blue0;} \viewkind4\uc1\pard\nowidctlpar\qj\f0\fs24 Taken together with items 22-1993, 22-1994, 22-1995, 22-1996, and 23-0299. Chair Davis kept item 22-1994 regarding Fair Housing in committee, as he noted that the Administration is looking to get several affordable units back online and he wants to give them time to do so.\par \par Legislative Policy Analyst Salisbury explained their suggestions. There was discussion over whether to change \ldblquote family and relationship structure\rdblquote to \ldblquote family \i or \i0 relationship structure\rdblquote , and over whether to include the word \ldblquote consenting\rdblquote in the definition of an intimate personal relationship.\par \par Analyst Salisbury noted that there was an outstanding question of whether to include the term \ldblquote domestic partner\rdblquote in Section 15-31. They also said that in the Fair Housing sections, \ldblquote family and relationship structure\rdblquote was included in such a way as to bisect ancestry and national origin, which are often considered together; therefore, they suggested moving the new term after marital status. There was a discussion about the terms \ldblquote spouse\rdblquote and \ldblquote domestic partner\rdblquote in Section 15-31, and Chair Davis strongly recommended keeping the text as-is to be consistent with other sections.\par \par A series of motions were made, tabled, and then taken up together for a single vote.\i Councilor Burnley moved to revise the proposed amendment to Section 1-4 of the Code of Ordinances to reflect the changes shared onscreen with the exception of the word "\f1 consenting\f0 ". The changes move the definition of "\f1 intimate personal relationship" under the definition of "family and relationship structure\i0 ", \i which now reads: "\i0 For the purposes of this definition, 'intimate personal relationship' shall include any interpersonal relationship between two or more adult individuals that involves romantic, physical, or emotional intimacy. This includes, but is not limited to, multi-partner/multi-parent or non-monogamous families or relationships, stepfamilies, and multi-generational households.\i "\f0 Councilor Burnley then made motions to replace all instances of \ldblquote family and relationship structure\rdblquote with \ldblquote family \i0 or\i relationship structure\rdblquote in sections 1-4, 2-326, 7-41, 7-43, 7-44, 7-47, and 10-102 of the Code of Ordinances. Chair Davis moved to relocate \ldblquote family and relationship structure\rdblquote after \ldblquote marital status\rdblquote in each instance where they appear together in the proposed amendments. \i0 The motions passed with a roll call vote of 4 in favor (Councilor Scott, Councilor Burnley, Councilor Kelly, and Chair Davis), 1 absent (Councilor McLaughlin), and none opposed.\i\par \i0\par Liaison Singh forwarded a request from the Administration for Councilor Burnley that if there are any model policies or implementation toolkits that may be useful, then he should flag those for new staff.\par \pard\cf1\f1\par }

    Roll call: 4 aye · 1 absent
    • Lance L. DavisAye
    • Charlotte KellyAye
    • Willie Burnley Jr.Aye
    • Matthew McLaughlinAbsent
    • Jefferson Thomas (J.T.) ScottAye
  5. 5.
    22-1993 Ordinance Recommended to be approved as amended

    Amending Section 2-326 of the Code of Ordinances, related to the Personnel program.

    {\rtf1\ansi\ansicpg1252\deff0\deflang1033{\fonttbl{\f0\froman\fprq2\fcharset0 Times New Roman;}{\f1\fnil\fcharset0 Times New Roman;}} {\colortbl ;\red0\green0\blue0;} \viewkind4\uc1\pard\nowidctlpar\qj\f0\fs24 Taken together with item 22-1992.\par \pard\cf1\f1\par }

    Roll call: 4 aye · 1 absent
    • Lance L. DavisAye
    • Charlotte KellyAye
    • Willie Burnley Jr.Aye
    • Matthew McLaughlinAbsent
    • Jefferson Thomas (J.T.) ScottAye
  6. 6.
    22-1994 Ordinance Kept in committee

    Amending Sections 7-41, 7-43, 7-44, and 7-47 of the Code of Ordinances, related to Fair Housing.

    {\rtf1\ansi\ansicpg1252\deff0\deflang1033{\fonttbl{\f0\froman\fprq2\fcharset0 Times New Roman;}{\f1\fnil\fcharset0 Times New Roman;}} {\colortbl ;\red0\green0\blue0;} \viewkind4\uc1\pard\nowidctlpar\qj\f0\fs24 Taken together with item 22-1992.\par \pard\cf1\f1\par }

  7. 7.
    22-1995 Ordinance Recommended to be placed on file

    Amending Section 15-31 of the Code of Ordinances, related to the Code of Conduct, Ethics, and Financial Disclosure.

    {\rtf1\ansi\ansicpg1252\deff0\deflang1033{\fonttbl{\f0\froman\fprq2\fcharset0 Times New Roman;}{\f1\fnil\fcharset0 Times New Roman;}} {\colortbl ;\red0\green0\blue0;} \viewkind4\uc1\pard\nowidctlpar\qj\f0\fs24 Taken together with item 22-1992.\par \pard\cf1\f1\par }

    Roll call: 4 aye · 1 absent
    • Lance L. DavisAye
    • Charlotte KellyAye
    • Willie Burnley Jr.Aye
    • Matthew McLaughlinAbsent
    • Jefferson Thomas (J.T.) ScottAye
  8. 8.
    22-1996 Ordinance Recommended to be approved as amended

    Amending Section 10-102 of the Code of Ordinances, regarding the definition of biased based policing.

    {\rtf1\ansi\ansicpg1252\deff0\deflang1033{\fonttbl{\f0\froman\fprq2\fcharset0 Times New Roman;}{\f1\fnil\fcharset0 Times New Roman;}} {\colortbl ;\red0\green0\blue0;} \viewkind4\uc1\pard\nowidctlpar\qj\f0\fs24 Taken together with item 22-1992.\par \pard\cf1\f1\par }

    Roll call: 4 aye · 1 absent
    • Lance L. DavisAye
    • Charlotte KellyAye
    • Willie Burnley Jr.Aye
    • Matthew McLaughlinAbsent
    • Jefferson Thomas (J.T.) ScottAye
  9. 9.
    23-0299 Public Communication Recommended to be marked work completed

    Organization for Polyamory and Ethical Non-Monogamy (OPEN) submitting comments re: nondiscrimination provisions in ordinances based on relationship structure.

  10. 10.
    23-0256 Mayor's Request Recommended to be approved

    Requesting approval of a Home Rule Petition Authorizing the City to Appoint an Alternate Member to the Somerville Licensing Commission.

    {\rtf1\ansi\ansicpg1252\deff0\deflang1033{\fonttbl{\f0\froman\fprq2\fcharset0 Times New Roman;}{\f1\fnil\fcharset0 Times New Roman;}} {\colortbl ;\red0\green0\blue0;} \viewkind4\uc1\pard\nowidctlpar\qj\f0\fs24 This item was taken up first in the meeting. Commissioner Lynch explained that the alternate member is to ensure the commission can conduct business without delay, and that it will be especially helpful if one of the commission\rquote s three members has a conflict of interest and must recuse themselves from a vote. Councilor Burnley asked about other commissions with alternate members, and Commissioner Lynch talked about his findings of other municipalities. There was a discussion about how the Home Rule Petition allows the alternate to deliberate.\par \pard\cf1\f1\par }

    Roll call: 4 aye · 1 absent
    • Lance L. DavisAye
    • Charlotte KellyAye
    • Willie Burnley Jr.Aye
    • Matthew McLaughlinAbsent
    • Jefferson Thomas (J.T.) ScottAye
  11. 11.
    23-0075 Ordinance Kept in committee

    Amending Chapter 2, Article VI, Division 2 of the Code of Ordinances by adding a new section establishing Paid Leave for Survivors.

    {\rtf1\ansi\ansicpg1252\deff0\deflang1033{\fonttbl{\f0\froman\fprq2\fcharset0 Times New Roman;}{\f1\fnil\fcharset0 Times New Roman;}} {\colortbl ;\red0\green0\blue0;} \viewkind4\uc1\pard\nowidctlpar\qj\f0\fs24 Taken together with items 23-0077 and 23-0218. Councilor Burnley cited domestic violence statistics in Massachusetts. He noted that MGL dictates employers solely determine whether leave for instances of violence is paid and discussed the repercussions of that. Councilor Kelly has outstanding questions about implementation and whether paid leave for survivors would be covered by PFMLA.\par \pard\cf1\f1\par }

  12. 12.
    23-0077 Resolution Kept in committee

    In Support of Survivors.

  13. 13.
    23-0218 Public Communication Kept in committee

    Commission for Women submitting comments re: item #23-0075, an Ordinance establishing Paid Leave for Survivors.