VOTED: That Title II, Article 9 of the Town Bylaws (“Human Rights Commission”) be and hereby is amended for the purposes of updating the substance and language of its mission, definitions, organization, policy and processes as follows:

 

FIRST, that Section 1 (“Preamble”) be stricken in its entirety and replaced with a simplified statement reflecting the origins of the Commission so to read as follows:

 

Section 1. Preamble

The Town of Arlington has formed Vision 2020, a long range planning vehicle; and Vision 2020 has established the Diversity Task Group; and the goal statement of the Diversity Task Group provides:   

"We value the diversity of our population. Our Town's mix of race, color, race, ethnic, religious` and cultural backgrounds, as well as economic and personal circumstances, enriches us all. We will be known for the warm welcome and respect we extend to all;"

One of the Diversity Task Group's recommendations is the formation of a Human Rights Commission;

The Vision 2020 Standing Committee, the Fair Housing Advisory Committee, the Affirmative Action Advisory Committee, and others support the creation of such a Commission to foster the policies described in Section 2 below;

The Town of Arlington does hereby create a Human Rights Commission as provided for in this Bylaw.

Growing out of the original Vision 2020 effort and the Diversity Task Group’s vision, the Town of Arlington created a Human Rights Commission as provided for in this Bylaw.

SECOND, that Section 2 (“Policy of the Town of Arlington”) be amended to update and clarify terms by substituting the words “equal” with “equitable” throughout, clarifying the bylaw applies to all persons in Arlington, and making further administrative changes so as to read as follows:

Section 2. Policy of the Town of Arlington

A.  It is the intention of the Town of Arlington ("Town") to establish a Commission to advance issues related to the fair and equal equitable treatment of individuals, and to create a mechanism for addressing complaints arising out of these issues.

B.  It is the policy of the Town to protect every individual in the enjoyment and exercise of their human and civil rights and to encourage and bring about mutual understanding and respect among all people who live, work, visit, and travel within the Town.

C.  It is the intention of this Bylaw that all persons be treated fairly and equally. The purpose of this Bylaw is to bring about the elimination of prejudice, intolerance, bigotry, bias, unlawful discrimination,  threats,  coercion  or  intimidation  based  upon  an  individual's  race,   color, religious views, national origin, sex, gender identity or expression, citizenship, age, ancestry, family/marital status, sexual orientation, disability, source of income, or military or veteran status., and the disorder occasioned thereby. Nothing in this Bylaw shall be construed as supporting or advocating any particular religious or political view or lifestyle.

D.   It shall be considered an unlawful practice under this Bylaw for any person to withhold, deny, interfere with, threaten or subject an individual to coercion or intimidation concerning equal equitable access to and/or discrimination in employment, housing, education, recreation, services, public access and accommodation and public areas where such denial, interference, threats, coercion, intimidation or unlawful discrimination against a person is based upon race, color, religious views, national origin, sex, gender identity or expression, citizenship, age, ancestry, family/marital status, sexual orientation, disability, source of income, or military or veteran status.

THIRD, that Section 3 (“Establishment of a Human Rights Commission”) be amended to clarify the Commission’s ability to self-initiate programs and investigations of incidents, add diversifying Town staff to its goals, and making further administrative changes so as to read as follows:

Section 3. Establishment of a Human Rights Commission

A.  Scope: There is hereby established a Town board to be known as the Arlington Human Rights Commission ("Commission") which may implement the policy of this Bylaw by:

1.  Improving the life of the Town by developing on its own and enlisting community based groups in educational programs and campaigns to increase mutual respect, harmonious intergroup relations and the peaceful enjoyment of life in our community by all;

2.  Working with Town Government, the School Department, Town Commissions and Boards to increase diversity in the Town and among those employed by the Town, as well as awareness and sensitivity to those human and civil rights issues which may arise within our Town while Town employees fulfill the duties of their positions ;

3.  Responding to incidents and complaints by persons in the Town who believe that their human or civil rights, as defined in this Bylaw or in state or federal law, have been violated in the Town;

4. Initiating investigations into circumstances which appear to the Commission to be the result of unlawful discrimination against any person(s) in the Town.

B.  Appointment & Terms of Office of Commission Members

1. The Commission shall consist of thirteen (13) members, five of whom will be appointed by the sSchool cCommittee, four by the Town Manager subject to the approval of the Select Board and four by the Town Moderator. The term of office shall be for three years. except two of the initial appointments of the school committee shall be for a term of one year, one of the initial appointments of the Manager and Moderator respectively shall be for one year, two of the initial appointments of the School Committee shall be for two years, one of the appointments of the Manager and Moderator respectively shall be for two years.

The members shall be sworn to the faithful performance of their duties, and shall serve until their successors are appointed and sworn. There may be an Executive Director, who may also be known as the Diversity, Equity and Inclusion Director, if determined necessary by the Commission, appointed by the Town Manager with consultation by the Commission.

2. The Commission shall include among its membership individuals publicly solicited by the appointing authorities and be and representative of the diversity of the Town.

3. If a member shall fail to attend three or more consecutive meetings of the cCommission, the cCommission by vote, may so advise the appropriate appointing authority, who may remove such member, and appoint a successor for the unexpired term of the member so removed.

C.  Residency Requirement: All members of the Commission shall be residents of the Town at the time of their appointment and throughout their tenure. A Commissioner who is no longer  a resident of the Town shall promptly notify the Chair(s) of the Commission who shall then notify the appointing authority.  

D.   Executive Director: Before appointing an Executive Director, the Town Manager shall consider the recommendation of the Commission. The Executive Director shall be an employee of the Town and report to the Town Manager. The prospective Executive Director shall have demonstrable experience in human and civil rights, as well as proven ability to work cooperatively in a diverse community.

At the request Subject to the direction of the Commission, the Executive Director shall be responsible for support the overall administration of the Commission's activities and shall serve as its executive officer. The Executive Director shall have the power and duty to initiate activities designed to educate and inform the Town about the effects of prejudice, bias, intolerance, and bigotry; to receive and/or initiate complaints and investigations of discriminatory practices as defined by local, state, and federal law; to report their findings to the Commission; and to attempt mediation of any complaint alleging discrimination under applicable local, state, and federal law when there is cause for such complaint.

E.  Officers, Quorum, and Adoption of Rules and Regulations

1.  The Commission shall elect a Chairperson or two from among its members at the first meeting each year in January. The Commission shall endeavor to rotate the election of a Chairperson(s) each year thereafter. The Chairperson(s) shall preside over the meetings of the Commission.

2.  Seven (7) members shall constitute a quorum for the purpose of conducting the business of the Commission and all decisions shall be by a majority vote of the Commission members present and voting.

3.  The Commission shall adopt rules and regulations consistent with this Bylaw and the laws of the Commonwealth of Massachusetts to carry out the policy and provisions of this Bylaw and the powers and duties of the Commission in connection therewith. The rules shall ensure the due process rights [as defined by state law] of all persons involved in investigations and hearings.

4.  Members of the Commission shall serve without compensation.

5.  Members of the Commission may be removed by the appointing authority for just cause [after notice and opportunity to be heard].

FOURTH, amending Section 4 (“Definitions”) to amend the term “military status” in subpart “G” to add the words “or veteran” between “military” and “status,” and further to add new definitions for “incident” and “complaint” as subparts “H” and “I” so as to read in relevant parts as follows:

G.    The term "military or veteran status" refers to the actual or supposed condition being, not being, having been or not having been in the service of the military.

H. The term “incident” refers to as an occurrence within the Town which the reporter alleges is motivated, in whole or in part, by prejudice, bias, intolerance, and/or with the intent to threaten, harm, coerce, or intimidate. Incidents may include, but are not limited to: removal or stealing of items promoting diversity, equity and inclusion; the placement of signs or graffiti promoting prejudice, intolerance or bigotry; biased statements or slurs; actins with animus to a protected class.

I. The term “complaint” refers to a formal written report filed with the Commission in which the complainant seeks a formal investigation of allegation(s) over which the Commission may exercise jurisdiction.

FIFTH, that Section 5 (“Functions, Powers, & Duties of the Commission) be amended to include updated definitions and terms consistent with the foregoing, clarify the Commission’s duties and ability to engage in proactive incident responses (as well as complaints), further clarify the informal nature of Commission mediations, and remove references to the administration of oaths in testimony, so as to read as follows:

Section 5. Functions, Powers & Duties of the Commission

The function of the Commission shall be to implement the policy of this Bylaw by the exercise of the following powers and duties:

A.   To initiate activities designed to educate and inform the Town about the effects of prejudice, bias, intolerance, and bigotry through the following actions:

1.     To hold public hearings and public forums, make studies and surveys and to issue such publications and such results of investigations and research as, in its judgment, will tend to promote good will and minimize or eliminate discrimination because of race, color, religious views, national origin, sex, gender identity or expression, citizenship, age, ancestry, family/marital status, sexual orientation, disability, source of income, or military or veteran status.

2.     Develop and/or recommend courses of instruction for presentation in public and private schools, public libraries and other suitable places, devoted to identifying, educating, eliminating prejudice, bias, intolerance, bigotry and discrimination and showing the need for mutual respect and fair and equitable treatment in the Town and the achievement of harmonious relations among various groups in the Town.

3.     Create such subcommittees from the members of the Commission as, in the Commission's judgment, will best aid in effectuating the policy and goals of this Bylaw.

4.     Enter into cooperative working agreements with federal, state and town agencies, and enlist the cooperation of the various racial, religious and ethnic groups, civic and community organizations and other groups in order to effectuate the policy and goals of this Bylaw.

5.     Monitor, publicize and, where necessary, act to increase the diversity on appointed Town boards and committees.

6.     Render each year to the Select Board, Town Manager, School Committee and Superintendent of Schools a full written report of all the Commission's activities and recommendations regarding this Bylaw for inclusion the Town Report.

B. To receive and investigate incidents and complaints of and to initiate its own complaints and/or investigations of any incidents as that term is defined and other violations of this Bylaw.

C.  To attempt by informal mediation to resolve any complaint over which it has jurisdiction and to recommend to the Town Manager, the Select Board, the Superintendent of Schools or the School Committee, as appropriate, such action as it feels will resolve any such complaint.

D. In the case of any unresolved complaint or in the case of any investigation which would be aided thereby, to hold hearings, administer oaths, take the testimony of any person under oath and, in connection therewith, to require production of any evidence relating to any matter in question or under investigation before the Commission.

SIXTH, that Section 6(D) (“Relations with Town Agencies”) be amended in relevant part to emphasize that Commission members are entitled to representation and indemnification for claims arising from the discharge of their duties:

Section 6. Relations with Town Agencies

D. The Town Counsel shall provide for representation of the  Commission  or  a  Commissioner upon the Commission's request. For liability issues, Commissioners shall be considered as Town employees and not liable personally for actions undertaken in their role of Commissioner.

SEVENTH, that Section 7. (“Complaint Resolution Procedures”) parts D and E be amended in relevant parts to add “report of an incident” as a prompt for an investigation, strike the term “Executive Director” throughout, provide for “co-chairs” of the Commission, and add the term “informal” before “mediation” where such term appears, so to read as follows: