ORDER-2021-25 : Requesting the City Solicitor appear before the City Council to discuss whether the City has the legal and regulatory authority to establish and recognize Indigenous People’s Day in the City of Melrose.

Transcript (~19 min @ 58:55)

Speakers identified by voice; unnamed voices are numbered within this recording. Auto-caption text — verify against the video.

▶ 58:54 Speaker 1: Yes, Gregor is yes, 11.

▶ 58:58 Christopher Cinella: Okay, so we have the 1 order 2021 dash 25 requesting that the city solicitor. Here before the city council to discuss whether the city has the legal and regulatory authority to establish and recognize indigenous people's day in the city. I'll 1st, turn it over to. uh the sponsors i know council mcnaught did you have okay okay thank you mr chairman um

▶ 59:22 Jeff McNaught: made statements i just want to make sure everybody can hear me clearly before i continue um make sure everyone is is muted i know we've had some feedback um in prior moments. But I really wanted to thank everyone who came and spoke. I'm gonna frame the introduction

▶ 59:52 Speaker 10: of what we're doing here. I'm not gonna ask any questions. I'll turn it over. Initially, or our chairman will turn it over to the co-sponsor of this order, Councilor Jamaleddine momentarily. I'll start off by thanking everyone who spoke. To frame the issue that we're discussing tonight is to,

▶ 1:00:12 Jeff McNaught: we've invited the city solicitor here who's done some research, and he is going to tell us whether or not the city of Melrose has the legal and or regulatory authority to establish and recognize indigenous people's day in the city of Melrose. The reason that we filed this order was for clarification purposes around this question before really any other step could be taken. It's clarification for us as a community and, you know, as we saw a few moments ago, we're only as strong as our dialogue, our civil dialogue. and that is what I think we've put down here tonight is a formal discussion on this topic. But the reason this came up for us more quickly and more recently was because the school committee had recently added Indigenous Peoples Day to the school calendar. And after that motion was made and that addition passed, there was a motion to remove Columbus Day from the school calendar. That did not pass. In the wake of that not passing, there were a couple of school committee members who said, well, we're going to ask the city council. I'm paraphrasing here, by the way. I'm not putting words in anyone's mouth, but we're going to ask the city council what we can do to make broader changes or to make changes at all. I don't think any of us knew the answers to those questions. I don't think everyone in the community knows the answers to those questions. But we are here tonight to answer the question presented by the City of Melrose.

▶ 1:02:17 Jeff McNaught: I have a second question here, and that is the school calendar, and this isn't a direct question right now, Mr. City Solicitor, but the school calendar, do we have any authority over that? Who has authority over that because we did not. It did not require any action on our part to add. Indigenous people's day to that calendar, nor any. Weigh in on any motion thereafter with all that said, I hope I've. Kind of frame the issue well, and I'll turn it over to our chair who I believe is going to him.

▶ 1:02:59 Christopher Cinella: things over to counselors for melody thank you and uh just for housekeeping purposes we do have to go over to city council at 8 15. so uh counselors your melody thank you chair um

▶ 1:03:09 Maya Jamaleddine: um and thank you um counselor mcmahon for co-sponsoring as well i wanted to start by thanking all um the community members who participated in public comment i want specifically uh uh thank ferry gray uh for um sharing with us his emotions and his experience and i know for sure it must be very challenging um to share and it's um it's just it would just bring more trauma and um memories during especially during this time i want to thank our young speakers um who really educated us and inspired us and wanted to assure you that we I am personally not debating whether or not we should change it as much as I wanted to understand and make everyone better understand the logistics to make this happen so thank you so much for our city solicitor to coming before us and I

▶ 1:04:29 Christopher Cinella: would like to turn the mic to him after the chair thank you the city solicitor screen is yours Thank You mr. chairman members of the Appropriations Committee

▶ 1:04:36 Speaker 10: good evening to you so I've been called here this evening to to explain in summary form the legal authority of the city of Melrose to recognize a day for indigenous peoples and I do want to say before I begin my remarks that some of the folks who participated during public comment have somewhat of a greater grasp on the history of this subject than I do so I would certainly defer to the views that have been expressed I just want to speak to you this evening about sort of the legal authority. So in broad brush fashion, Columbus Day, as has been said by one of the speakers during public comment, is a legal holiday. It is codified in both federal and state law. On the federal level, it is codified at 5 U.S.C. 6103, and here in the Commonwealth of Massachusetts, it is codified at General Law Chapter 6, Section 12V. Those statutes are mandatory, deeming the second Monday in October to be known as Columbus Day. That's the legal distinction for Columbus Day. The second question, which involves the ability of a city or town to hold a day of recognition for indigenous peoples would require, in my view, either a resolution or a proclamation by the City of Melrose. And when I say City of Melrose, I'm referring specifically to either the mayor, the city council, or a collaboration of the two bodies. I understand there was a question earlier about the school calendar. Councilor McNaught, I think you raised it. And I would just say simply that the designation of dates on the school calendar belongs exclusively to the school committee. But the designation of a day proclaiming or recognizing indigenous peoples is a function that belongs to the city council in collaboration with the mayor or, frankly, to the mayor himself as chief executive officer of the city. I've done a bit of research into this across the country, and it appears currently, just for your edification, that 14 states in the union currently either observe Indigenous Peoples Day in lieu of Columbus Day or co-celebrate Indigenous Peoples Day with Columbus Day. And the states I've discovered are Alabama, Alaska, Hawaii, Idaho, Maine, Michigan, Minnesota, New Mexico, North Carolina, Oklahoma, Oregon, South Dakota, Vermont, and Wisconsin. Plus, I believe the District of Columbia does as well. here in Massachusetts, Somerville, Salem, Marblehead, Brookline, Cambridge, and Amherst is the most current list I have, but I'm sure that list has grown since I found this. Those are the communities that also recognize Indigenous Peoples Day. So in order to do this in Melrose, the legal authority rests upon either a resolution or a proclamation. But in saying that, I do want to advise, and simply my role to advise the city council and the community, that Columbus Day as a legal holiday would remain on the law books unless there was action at the state level or the federal level to do otherwise. So having said that, I'm happy to answer any questions that members may

▶ 1:08:29 Maya Jamaleddine: have. Thank you, Chair. Thank you, City Solicitor Van Kampen. So just to clarify, we are unable to change the bylaw the state and the federal bylaw but on a city level if we have a resolution or Proclamation would that would are we able to change the calendar that so that we recognize that day as indigenous peoples day and eliminate Columbus Day only from the city calendar on a local level sure so

▶ 1:09:10 Speaker 10: there is there's no city calendar that is that is published per se but assuming passage of a resolution or a proclamation recognizing indigenous people's day that recognition assuming it were the second Monday in October that recognition would be something that the community would would would promote would celebrate whether it's through the mayor's social media platform the city council social media platform the school committee social media platform so that the day would be in melrose known as indigenous people's day uh but to your question uh counselor there's no uh published calendar that would have to be altered in any way in order to effectuate that

▶ 1:09:55 Maya Jamaleddine: right right but when we when we you know like we recognize that today for any reason like for I'm gonna if I might say so for DPW when they need to pick up the trash because of we we're gonna extend because of the holiday so it would be because we have we're gonna recognize it as we have indigenous people's day and we're not gonna recognize it as Columbus

▶ 1:10:28 Speaker 10: Day correct the only I would just make the comment that Columbus Day being a legal holiday is something that's contained in some of the city's collective bargaining agreements so that the day itself is treated as a holiday indigenous people's day would simply be sort of overlaying that day I guess is

▶ 1:10:49 Maya Jamaleddine: best way to say it okay and would that uh reflect the school calendar or no they have to re-approve

▶ 1:10:57 Speaker 10: it uh they would have to re-issue the school calendar and i suspect that if the city council or the mayor or both decided to enact a proclamation that the school committee would

▶ 1:11:12 Maya Jamaleddine: follow suit and do the same but do they have to vote on it or is it does it come automatically because it would vary from city to another that's from my understanding based on my research

▶ 1:11:23 Speaker 10: yeah i think the school committee would still have to vote to place the day on the calendar okay it wouldn't be it wouldn't become an automatic change per se uh but because the school committee has exclusive jurisdiction over the school year calendar okay got it thank you

▶ 1:11:40 Maya Jamaleddine: so um my last question now if we file a resolution or proclamation and hopefully if this would pass uh with a vote um can you explain to us what is what is the benefit or what what is it that we're going to achieve

▶ 1:12:03 Maya Jamaleddine: can you repeat the question i'm sorry what is that resolution or proclamation would achieve

▶ 1:12:07 Speaker 10: so what it would achieve would be to um to let the word go forth in the city of melrose that um the second monday in october is to be known as indigenous people's day and there would be a recognition in the community um celebrating you know the achievements uh and the contributions

▶ 1:12:30 Maya Jamaleddine: of indigenous peoples. Awesome. And then we wouldn't have to recognize it as Columbus Day.

▶ 1:12:43 Speaker 10: We don't have to recognize it. Yeah, there's no party is compelled to recognize the second Monday in October as Columbus Day. The city of Melrose could certainly act under a proclamation recognizing indigenous people's day but i think it's always worth noting that in the background you still have a legal holiday that's on the books and unless there's some higher authority changing that status it's hard for me as the city's lawyer to say it doesn't exist okay

▶ 1:13:16 Christopher Cinella: thank you so much on them i didn't see any other hands go up did i miss anybody okay um

▶ 1:13:25 Jack Eccles: So, Councilor Eccles, and then we'll go to Stuart and then McMaster. But again, we do have to go to City Council at 815. So, Councilor Eccles. Thank you Mr. Chairman. Thank you to everyone who spoke tonight and thank you Mr. Van Kempen for being here. I just have one quick question just for point of clarity. My understanding is that a proclamation comes from the Mayor's office, resolution comes from the City Council and would, for this to take effect, would it be a joint effort? Is it one or the other? Does one supersede the other? Just as far as what steps definitively need to be taken, can the mayor do it unilaterally? If you could shed some light on that.

▶ 1:14:04 Speaker 10: Yeah, the mayor can certainly do it unilaterally. I think this process has begun at the city council level. So the mayor is somewhat respectful of the fact that the city council has commenced this process and begun this dialogue in the community. But he certainly does have the authority to issue a proclamation unilaterally. I think he would very much, in the sort of spirit of his administration, prefer to collaborate over something like this in the community, bring all stakeholders together, if that's what it takes, members of the school committee, et cetera, et cetera. But you're right, Council, there is a difference between a proclamation and a resolution.

▶ 1:14:42 Speaker 2: Thank you. Thank you, Mr. Chairman. Councilor Stewart.

▶ 1:14:47 Robb Stewart: Thank you, Mr. Chair. And thank you, Mr. Van Kampen, for coming tonight. It's just a simple question. You say that it's a legal holiday at the Massachusetts level. Is that holiday a recognized holiday by the city for purposes of vacation or getting the day off and being paid and so forth?

▶ 1:15:17 Speaker 10: yes it's a it's considered one of the one of the holidays throughout the calendar year for city employees and for school department employees as well as for the students of the Melrose public schools so for that reason and that

▶ 1:15:29 Robb Stewart: reason probably only you would need to recognize Columbus Day as Columbus Day for the purposes of you know it being the holiday right correct all right okay All right, I just want to fire down. Thank you. Mr. Ben captain. Thank you

▶ 1:15:49 Christopher Cinella: Do we want to go to City Council and do we want to continue with questions present greater is

▶ 1:15:56 Speaker 2: Easier just because we only have a couple minutes

▶ 1:15:59 Jen Grigoraitis: Is it is it just counselor McMaster in queue? Sorry. I wasn't yes Track I'm sorry master. Do you I don't want to rush you. Does that three minutes feel a little tight? I

▶ 1:16:09 Shawn M. MacMaster: Have three questions, but I think it would be determined on mr. Van Campen's responses to those questions so i would defer to the chair

▶ 1:16:25 Shawn M. MacMaster: go ahead counselor thank you mr chairman good evening mr van camp and thank you for being here you mentioned that there are two avenues for changing columbus day one would be a resolution which would be a legislative action the other would be a proclamation which would be an executive action would a municipal referendum be a third

▶ 1:16:44 Speaker 10: uh avenue i suppose theoretically it would be yes

▶ 1:16:48 Shawn M. MacMaster: are you aware of any municipality just through your research mr van campen in the commonwealth of massachusetts or anywhere else in the united states that has initiated a change like this

▶ 1:17:04 Speaker 10: through a municipal referendum i am not aware of this being done by a municipal referendum counselor what i have seen in my research is this has been done by either executive authority or through a legislative body such as a city councilor or town meeting although I believe in towns when you refer to municipal referendum I believe that at a town meeting it's actually a citizen petition that I've seen to the town meeting to effectuate this and I think that happened in Brookline if I'm not mistaken and if the city of Melrose

▶ 1:17:38 Shawn M. MacMaster: change Columbus day to indigenous people day would that have any effect at all in

▶ 1:17:51 Speaker 2: city operations no I think that's it thank you mr. VanCampen thank you thank

▶ 1:17:56 Christopher Cinella: you I'll entertain a motion to recess at this motion motion to recess so we're gonna recess made by counselor Stewart seconded by vice chair Migliorelli

▶ 1:18:11 Speaker 1: madam clerk please call the roll chairman sanella yes vice chair Migliorelli yes councillor Tramontozzi yes councillor mcmaster yes councillor mcnaught yeah councillor eccles