Legal & Legislative Committee — 2014-12-08
Attendance
Jaclyn L. Bird ; Robert A. Boisselle ; Donald L. Conn Jr. ; Gail Infurna ; Jennifer L. Lemmerman ; Mary Beth McAteer-Margolis ; Monica C. Medeiros ; Peter D. Mortimer ; John N. Tramontozzi ; Francis X. Wright Jr.
Agenda
Minutes
CITY OF MELROSE LEGAL & LEGISLATIVE COMMITTEE CALENDAR● DECEMBER 8, 2014 Aldermanic Chamber Committee Meeting 7:30 PM The public should take notice that the Melrose Board of Aldermen may, on certain occasions, have a quorum in attendance due to standing committees of the Board of Aldermen consisting of both voting and non-voting members. Members attending this duly posted meeting are participating and deliberating only in conjunction with the business of the standing committee. Attendee Name Title Status Arrived Francis X. Wright Jr. Chairman Present Peter D. Mortimer Vice Chairman Present Jaclyn L. Bird Alderman at Large Present John N. Tramontozzi Ward 1 Alderman Present Gail M. Infurna Ward 5 Alderman Present Donald L. Conn Jr. President/Ex-officio Member Present Robert A. Boisselle Nonvoting Member Present Jennifer L. Lemmerman Nonvoting Member Present Mary Beth McAteer-Margolis Nonvoting Member Present Monica C. Medeiros Nonvoting Member Present
ORDER-2015-72 Amending Revised Ordinances Amending Melrose Revised Ordinances, Ch. 15, Article X, Human Rights Commission, Sec. 15-50, Policy Statement as set forth herein. Recommend Passage Board of Aldermen City of Melrose Page 1 Updated 12/10/2014 3:04 PM
Transcript
▶ 0:02 Francis X. Wright Jr.: Good evening. My name is Frank Wright. I'm the Ward 3 Alderman. This is a meeting of the Legal and Legislative Committee. We have one item on the agenda tonight. It is 7.33. And a motion to open the floor for public participation, if you will. We have a motion for public participation by Alderman Tramontozzi, seconded by Alderman Inferna. All in favor? Aye. Is there anyone in the public who would like to come forward on the one item that is on our agenda tonight, which is an order to amend Melrose Revised Ordinances, Chapter 15, Section 10, Human Rights Commission, Section 1550 policy statement set forth herein. Good evening. Could you state your name and your address? Sure. Elizabeth DeSelm, 33A South High Street.
▶ 1:01 I am a Melrose Human Rights Commissioner, and I am speaking before you on behalf of the Human Rights Commission. So I enter in a letter that has been given to Alderman Byrd. I'm going to read that letter now. Dear Alderman Byrd and members of the committee, Thank you for this opportunity to testify in support of this bill amending Article 10, Section 15-50 of the Melrose City Code to include gender identity and gender expression. This crucial piece of legislation will provide many of our residents with necessary protections from discrimination in several key areas, including employment, housing, city services, and health care. Transgender people are frequently confronted with discrimination in America, including Massachusetts.
▶ 1:58 There are presently no broad protections on the basis of gender identity or expression under the federal law, although on Wednesday, December 3rd, the U.S. Department of Labor announced its final rule prohibiting federal contractors and subcontractors from discriminating on the basis of gender identity. At a local level, a growing number of states and municipalities prohibit this type of discrimination, but coverage is spotty and often not enforced. In 2011, Massachusetts became only the 16th state to add non-discrimination laws for gender identity, specifically in the areas of education, housing, K-12 public education, and credit. This legislation expands upon that protection. If passed, Melrose would become the 10th municipality in Melrose, or in Massachusetts, to provide the comprehensive protection that is necessary.
▶ 2:58 According to the 2009 National Transgender Discrimination Survey by the National Center for Transgender Equality and National Gay and Lesbian Task Force, some of the many issues confronted by transgender people include double the rate of unemployment, near universal mistreatment on the job. Ninety-seven percent report harassment and mistreatment at their place of employment. 47% report adverse employment actions, including termination, denial of promotions, and refusal to hire. 58% report verbal harassment in places of public accommodation, including libraries, hospitals, and health clinics, hotels, airports, restaurants, stores, public transportation, homeless shelters, and government agencies.
▶ 3:54 22% report denial of equal treatment by government officials and 24% report harassment by police officers including 50% reporting discomfort with even seeking police assistance when needed. Transgender and gender non-conforming people often experience discrimination in their communities including being refused service, being treated differently than their non-transgender peers, or being victims to physical and verbal harm when simply trying to carry out their daily activities. This legislation will afford all our residents a measure of legal recourse in the face of such discrimination. Moros has a long history of respecting and protecting all of its residents, including the residents' election of openly LGBT representatives,
▶ 4:48 the city's enactment in 1991 of the original language of section 15-50 declaring its support and protection of the human rights of all persons in Melrose and the equal protection and opportunity of its residents in the many facets of their lives and establishment in 1991 of the Melrose Human Rights Commission to uphold and secure the mandates rights and privileges of the city's policy passage of this bill updates our city's policy as to the matter of same-sex orientation and will now properly include recognition and protection of transgender and gender non-conforming people. The Human Rights Commission supports this bill unanimously and will continue to work to uphold and secure the rights and privileges of everyone in Melrose. We
▶ 5:38 appreciate your time and attention to these matters and need to ensure a safer more just society for all Melroseans, regardless of their gender identity. We ask that you support this legislation and include Melrose in the vanguard of those raising the standards for protection of all people. Thank you, the Melrose Human Rights Commissioners, Karen Andrews, Maureen Busby, Liz DeSelm, Michelle Dickinson, Rabbi Arnie Fertig, Matt Hellman, Reverend Beth Horn, Adam LaFrance, sean mcmaster christina petulis ed schmidt and jen thompson and i thank you for your time thank you motion to close public participation mr chairman second the motion to close public participation seeing nobody else interested in coming forward public participation is closed
▶ 6:38 Francis X. Wright Jr.: again this is there is one order before us And if I may, before we discuss it, we got into public participation before we conducted attendance. And just so the record is clear, with us is Peter Mortimer, the Vice Chair, Alderman Byrd, a member of the committee, John Tramantozzi, Gail Inferno, a member of the committee, ex next officio member, Donald Kahn, and non-voting members, Robert Boisselle, Jennifer Lemelin, Mary Beth McAteer-Margolis, and Monica Medeiros. Now, on the order, Alderman Byrd. Thank you, Mr. Chairman. I'd like to thank the members of the Melrose Human Rights Commission for their support on this order and also for bringing this issue, several of them, to my attention just a few
▶ 7:37 Jaclyn L. Bird: months ago. This is something, just to be clear, I think the letter was very helpful from the Human Rights Commission to give some context to why the matter is important. And the order this evening is updating this Chapter 15, Article X, Section 1550, which is the policy statement regarding anti-discrimination, and it changes three terms. It adds—I'm sorry, it changes one term and adds two terms to that list. So it changes sexual preference to sexual orientation and adds the terms gender identity and gender expression. This is something that, as Ms. Tissell mentioned, is something that has been discussed and enacted at the state level and it's also we're following in the footsteps of many other municipalities.
▶ 8:28 John N. Tramontozzi: I think we would be the tenth if nothing has changed in the last couple of weeks to add more including Salem Boston and Worcester and Somerville in that list so I ask for your support of this order this evening and thank you for your consideration thank you mr. chairman if that's a motion to recommend passage I'll second it thank you mr. thank you all for the discussion yes I thank you mr. chairman also I just for the record I do want to note that these are Proposed changes to chapter 15-50 of the revised code of ordinances was submitted to the city solicitor, Robert VanCampen, for his review. He has determined that they were fine, raised no objection regarding constitutional issues, and he's his letter that was submitted dated December 2nd 2014 is in the
▶ 9:28 Francis X. Wright Jr.: package and subject to review by by others as well so I just wanted to make note of that thank you thank you all the maturement Ozi as I my next move was to read that letter I'll do that now there I'll remember it I acknowledge receipt of an email communication dated December 2nd from clerk of committees Mary Beth Harrington seeking a written communication from me concerning the above referenced order in early June of this year you contacted me to discuss the proper method to ensure by ordinance the rights and interests of transgender transgender and transsexual individuals at that time we discussed making slight revisions to chapter 15-50 of the revised code of ordinances as the best way to accomplish this you have subsequently presented the revised
▶ 10:16 Francis X. Wright Jr.: language for consideration to the Board of Aldermen in my view the amendment proposed through the instant order accomplishes your objective and of ensuring the rights and interests of transgender and transsexual individuals in the city of Melrose and the proposed revision appeared to be in proper form I have no further change to offer a few of the members of the legal legislative Affairs Committee have any additional questions for me please let me know very yours Robert Van Campen city solicitor is there any further discussion Alderman Medeiros thank you mr. chairman although I'm not a member of this committee I was hoping that we could perhaps get some further clarification from mr. Van Campen relative to if the changes provided here or proposed here are
▶ 11:07 Francis X. Wright Jr.: simply to bring us in line with what's already existing in state law and if there are any specific changes that would be specific to Melrose and and outside of what is already in I know some things have been enacted at the state house so are you making a proposal that we hold the matter in committee and no just perhaps that we get some clarification for the full board should this move forward for purposes of it devoted the full board so we'd have further clarification from him at the time we voted the full board but we'll move this matter forward to this evening so yeah in one form or another yes okay yeah i'll be happy to do that thank you thank you any other discussion alderman khan yeah and um mr chairman in 1991
▶ 12:00 i had the opportunity to be president of the board of aldermen at the time that we drafted the ordinance that created the human rights commission and at that time i think we aspire to be a community where no group of Melrose Ian's would be discriminated against and I think that this is another move in the right direction so I hope that the committee acts favorably on this order Thank You Alderman Conn any further discussion seeing none we have a motion before us to amend the Human Commission ordinance. All in favor? Aye. Opposed? The matter will be recommended to the full board. I have a motion to dismiss. Motion to adjourn. To adjourn. I'm sorry. It's my legal training. Sprinting up there too. Call to order the Health, Education, and