Well, good evening, everybody.

My name is JT Scott.

I'm the Ward II City Councilor here in Somerville, Mass and serving as chair of your legislative matters committee of the City Council.

Calling this meeting to order here on Tuesday, February 17th at 6.02 p.m.

Uh, and pursuant to chapter two of the acts of 2025, this meeting will be conducted via remote participation and the audio video recording will be posted to the City of Somerville's website shortly after its conclusion.

Uh to enable that to happen, we will go ahead and take a roll call to establish a quorum.

This is roll call.

Counselor Davis.

Counselor Mbau.

Counselor Young Campin?

Sure.

Counselor Streso.

Present.

Counselor Scott.

Present.

With three counselors present, we have quorum.

All right.

Uh thank you for that.

And uh we've got ourselves uh a bit of a long agenda, but not hopefully too long in terms of time.

Uh it's split up into largely two sections, uh, which is the review of some uh ordinance modifications to bring the city into compliance with the newly adopted charter from the last uh municipal election.

Uh and then the review of some surveillance technology impact reports, uh, which some of which were uh submitted previously and then had some requests for updates and modifications.

So we'll be adopting some of those and uh placing some others on file.

But before we get to it, uh our first three items are approvals of the minutes uh from May 6th, uh from uh and from December 2nd, as well as minutes of the charter review special committee meeting.

Uh, I guess that would be the last one we had.

So we weren't didn't have a chance to approve those minutes in committee.

So uh are there any comments on those first three items, the minutes uh May 6th, March 18th, and December 2nd.

All right, seeing them, we'll go ahead and uh lay those on the table for approval.

And we'll move on to item number four on our agenda tonight, which is uh an amendment to chapter two, article five, division one of the code of ordinances to add a review of multi-member bodies pursuant to the requirements of the city charter.

We are joined here tonight uh legislative liaison, Brendan Salisbury, who has been doing a great deal of work to uh review the code and uh bring us up to speed and uh implement the requirements of the new charter.

So uh let's see, I've got this pulled up.

Uh Madam Clerk, if you could pop up the PDF just so we are all on the same page, that might be nice.

Uh if you'd like me to, I can do that as well.

Um, but uh yeah, here we go.

All right.

Uh Liaison Salzburg.

Uh thank you, Mr.

Chair, for the record.

Brendan Salzbury, legislative and policy analyst for the city council.

Uh, this is actually a very simple one, uh, as you may recall, as part of the new charter, uh, there is a required review of uh the charter, the code of ordinances and multiple member bodies every 10 years, uh, as part of the special act that established the charter.

Uh, it did establish a particular um composition for the initial review of multiple member bodies.

The charter itself does require that this body be constituted by ordinance.

Uh, I will flag that this would be the only body in the city that would be constituted by ordinance once the administrative code uh goes forward.

So that is something that we will likely be looking to change in the future just to maintain um sort of the intent of the charter.

Um, but for now, uh it is required by charter to establish this by ordinance.

Um, and so this is largely just a copy and paste.

Uh there are a couple very minor things that are in here uh that differ slightly from what was established by the uh special act, which is that we do put some specific dates in there uh for the constitution of the or rather the convening of the committee, um, as well as a deadline uh for the submission of the report.

Uh while those things were generally kind of I would say hinted at uh in the charter.

Uh, there is no explicit deadline for the report, so we just added those in there to make sure that there is actually uh a clear standard for when these actions should be taken.

All right.

Uh just a quick question on that.

Uh I believe wouldn't the uh wage theft ordinance still be a multimember body of uh established by ordinance?

It would not, no.

Um the the text of the charter is explicitly clear that the organization of the city may only be accomplished through administrative order.

So what happened to that ordinance then?

Uh it the ordinance remains on the books.

The charter did include a continuation of governance and continuation of law uh provision uh within it.

So until an administrative code is established, uh any of the ordinances that are currently on the books will remain in effect.

All right.

Uh well, then I guess we will.

Uh so is does this create a future conflict then?

Uh if explicitly these bodies aren't allowed to be set up by ordinance?

Uh for this one specifically, it does not, uh, because the charter is very explicit that this one needs to be established by ordinance.

I believe that that was um an inclusion.

It's possible that the rather than speculating about the origin of this, I will say um that there is no conflict because the charter explicitly says that this one uh is established by ordinance and where general provisions conflict with more specific ones, the more specific ones prevail.

All right.

Well, then there are any questions from members of the committee about this language.

All right.

Everybody apparently likes your work, uh, Ann Lithbury.

Um, I've I reviewed it, makes sense.

Hopefully, we can actually get this committee seated and have folks uh begin the work.

And to that end, I'm gonna go ahead and recommend uh approval on this item.

Uh is there any discussion on the motion to recommend approval?

All right.

Then seeing none, we'll lay that on the table to recommend approval with a single vote at the end of the meeting.

Uh that'll move us on to item number five on our agenda, city clerk submitting an amendment to section 10-20 of the code of ordinances to align the constable appointment process with the provisions of the revised city charter.

Uh Annalyst Salisbury.

Decided it'd probably be best to just keep my camera on since I'll be talking about all of these back to back to back.

Um, Mr.

Chair, as I noted to you before the meeting, I I erred on this when it was submitted to the council.

Uh, and I would make a recommendation uh that if the council, if the committee is so inclined uh that an amendment be made to this to strike the entirety of the section.

Um, while previously I had been uh I had submitted this with the simple strike through um removing confirmation by the city council, as that does not align with the provisions of Mass General Law.

Uh, further review of the Mass General Law makes it pretty explicitly clear that the city council doesn't have any uh say in the appointment process for constables uh if the general law is to be accepted.

Uh and so really this entire section should come out.

Uh now was the acceptance of the city uh that mass general law made official with the adoption of the charter, or would that require a separate action?

That requires a separate action.

That is the next item on the agenda.

All right.

So uh that said, the policy aim here, going back into the way back machine was to ensure that the constable serving uh serving papers and conducting evictions in Somerville would uh be required to be Summerville residents with the hope that having members of our community uh in those roles would allow for a more neighborly uh exercise of those powers.

Um the mass general law leaves the discretion for uh for appointment of constables uh entirely within the the executive's power, does it not?

That's correct.

I'll say to to if I if I if you'll allow me the liberty of interpreting your statement as a question uh with regard to the policy aims, um, I will note that because there is not currently a um there is not currently enabling legislation available to the city for the appointment of constables.

Uh currently the city cannot appoint constables uh and only the acceptance of the mass general law would allow for the appointment of constables.

It's my understanding that at the current juncture uh process server and evictions would be accomplished uh through the um assistance of the Middlesex Sheriff's Office.

Um and so it is certainly I will leave it up to uh a conversation with the uh city attorney uh at a future date whether it would be a reasonable um whether it would be a reasonable standard to employ to uh use a residency requirement when evaluating uh constables as a part of the appointment process, but to the extent that that it is, it would be a part of the administrative code.

Uh at a future date whether it would be a reasonable, whether it would be a reasonable standard to employ to uh use a residency requirement when evaluating uh constables as a part of the appointment process, but to the extent that that it is, it would be a part of the administrative code.

All right.

Uh are there any questions or concerns from colleagues about the language here?

Uh and although I just want to also highlight that your recommendation at this point is simply to strike the entirety of section 10-20.

That would be correct, Mr.

Chair.

Okay.

Uh Counselor Ewan Camp and you have the floor.

Thank you, Mr.

Chair.

I just want to make sure I'm following.

So the next item on the agenda not before us now is accepting the Mass General Law process of doing it, which I'm reading correctly, says basically the mayor appoints constables and the mayor with the consent of the says Board of Alderman.

I assume that also means city council can remove a constable for gross misconduct.

So while it would get the city council out of the confirmation business for constables, there would still be a removal provision for gross misconduct.

And I just want to confirm, Mr.

Chair, that that's the case.

Were we to get strike this and accept the next one?

Uh that's true.

Although it would that that provision would have to be uh it as it reads to me, it would have to be begun by the mayor uh and then approved by the board.

Um well, I'll just say I'm I'm in support of it.

Having been on confirmation of appointments through several years of frankly, quite just confusing constable reappointment processes.

Um seeing as this kind of brings us into compliance with the charters, I understand it.

The mass general law process is seems good enough for me.

All right.

Anything else from members of the committee.

Uh well, then uh what I'll do is I will move um to amend the item before us uh by uh by changing by changing the text to simply say the code of ordinances city of summer will is amended as follows uh by deleting the entirety of section 10-20.

Uh Salisbury, that that seems to me a proper form for accomplishing what we are uh trying to do here.

Does it sound right to you as well?

That would accomplish the intent.

I will make an amendment to this to reflect that intent uh prior to the city council meeting.

Uh all right.

Um, so let's go ahead then on the motion to amend the item before us.

Uh let's take a well, let's ask if there's any comment on that.

And seeing none, let's take a quick roll call on the amendment to the item before us.

Madam Clerk.

Sorry, I thought we were pausing for additional comments.

Um, so on approval of the motion or the movement to amend the item before us by striking the entirety of the text in 1020.

Um, Counselor Davis.

Councilor Mbau.

Counselor Ewan Campen.

Yes.

Counselor Streso.

Yes.

Counselor Scott.

Yes.

That is approved with three counselors in favor.

All right, wonderful.

And then with that uh done, the item as amended is before us.

Uh and I will move to recommend approval of that item.

Is there any discussion on that motion?

Well, then seeing none, we will lay that item on the table for approval in a single vote at the conclusion of the meeting.

And we'll move on to picking up item number six, uh, I believe, which is the uh city clerk requesting acceptance of MGL chapter 41, section 91 relating to the appointment removal of constables.

This is the language we just discussed.

Uh I'm inclined, based on the discussion so far to uh move to recommend approval on this.

Is there any discussion on that motion?

All right.

Then seeing none, we will lay item number six on the table for uh recommending approval with a single vote at the conclusion of the meeting.

And we'll move on to item number seven, city clerk submitting an amendment to the rules of city council to align with the provisions of the city charter.

Uh this is a fairly long document, but the uh change if you're looking for them is down on page eight in rule number 57.

Uh analyst Salisbury, please.

Mr.

Chair, uh, this is a relatively simple one.

As you may recall, the uh uh initiative petition or uh group petition um was previously largely undefined as to what would be accomplished by the vote of 50 uh or uh signature of 50 residents of the city.

Um the new charter did establish that uh uh group petition does require the holding of a public hearing within three months.

Uh it does also contain a provision that states that there cannot be more than one public hearing on any given issue within a 12-month period set by the discretion of the president of the city council rather than requiring future presidents of the city council to at the submission of every group petition say, great, now the 12-month clock starts.

Uh we thought it would probably be best to put it in the city council's rules.

Uh and so as you can see, um, rather than setting this based on the time that a public hearing is held, because there is a three-month period within which that hearing must be held, the decision was made to start the 12-month clock upon submission of the item rather than when the hearing is held.

I love it.

Seems like a pretty natural streamlining and sets the uh sets the bar very clearly for everybody involved.

So is there any discussion on this recommended change to the rules of the city council?

All right, seeing no discussion, and I'm uh inclined to move uh to recommend approval of uh this item.

Seeing no discussion on that motion, we'll go ahead and lay this item on the table so that it can be approved or uh uh voted to recommend approval uh at the conclusion of the meeting in a single roll call vote.

And that will then bring us to the conclusion of our simple uh simple charter alignment items uh and bring us to the surveillance technology impact reports.

Uh on the agenda, there are six of these items.

Uh, and we have uh so it's the three that were from uh last year's submission, and then uh believe numbers eight, nine, and ten here.

That's 260092, 93, and 94 are the newly updated ones.

Uh thank you again, analyst Salisbury for all your work on those alignments.

Uh, I believe we do have uh Captain Sheehan uh here tonight uh with the surveillance technology impact reports.

I'm gonna go ahead and uh pick up items eight through 13.

Uh I'll go ahead and read all of those in.

That's uh requesting approval of the surveillance technology impact report for ball cameras, thermal engine imaging monoculars, and underdoor cameras.

Um we'll pick them all up at one time so we can discuss them all at one time.

Uh with that said, uh, welcome, Captain Sheehan.

Uh, thank you for going back and reviewing these uh at the request of uh President Davis at our last meeting.

Uh is there anything other than the raw text here or any other uh back and forth that happened before resubmitting these.

Maybe Captain Dolavera could also help us out.

I don't know.

Anyone from the SPD.

I'm sorry, Mr.

Chair.

It's uh Captain Sheehan just having a little issue on my phone.

Um so yes, we had some uh some suggestions from uh counselor Davis and we've incorporated them into the new uh to the new versions.

Um I think it answered all the questions that he had.

Uh I don't know if there's any any further questions.

All right.

Well, I haven't received any uh any further requests for modification from counselor Davis.

Um when I took a look at them, they looked all right to me.

Um but that said, even if they are moved to recommend approval uh this evening, uh, there will be an opportunity for Councilor Davis if he does have remaining concerns to uh sever the items and send them back to committee if there are concerns.

Uh but before we do that, let's uh see if there's any other comment from members of the committee.

Counselor Ewman Canton, you have the floor.

Thank you, Mr.

Chair.

Um, I just I'm I'm in support of these.

I just wanted to, because with the new council, I actually see one of our uh recently elected colleagues in the audience.

I just wanted to talk through kind of how how the committee has been processing these.

So these are um uh reports that are submitted by the administration, and the council cannot edit them or amend them if there are concerns from the council that you know would affect our ability to vote in support of them.

Um the process for that as we talk about it in committee, ask questions, and then there is a newly submitted one comes back in with those changes.

Um at our last meeting, um, I said, and I'm forgetting maybe other colleagues said as well that you know the kind of overarching concern with the surveillance um oversight ordinance is about it isn't about like nitpicking specific law enforcement techniques as much as it is making sure that anything that has a surveillance capability is not over broad, doesn't impinge on civil rights, privacy, etc.

Um and for my perspective, these particular requests are like straightforwardly not a concern of mine for mass violations of civil rights or privacy.

These are you know targeted, um kind of clearly explained what they're for.

And then in that context, Councilor Davis and uh forgive me, maybe there are other counselors as well, raised kind of specific improvements and clarifications that they'd like to see just in the explanation of how they work, how they're regulated.

Um so that's what we have before us tonight.

Um I'm I'm all set with these.

And if it's the will of the committee, I'm happy to move to recommend the new ones, which is 8910, is that right?

Yeah, the ones that start with 26.

Um then if if there are questions in the full council, obviously those can be dealt with then there.

Certain, certainly.

Well, this is the uh and and just to put a put a even finer point on it.

The goal of all of this uh in our surveillance technology impact ordinance is to ensure that the public can go and look and see what the policies are.

Um, for example, in the underdoor camera report on page two, you can see the uh authorized uses and the rules and processes that are required to authorize use.

It's they're not uh it's not that all of our officers are issued with little wire cameras they can stick under anybody's door.

There has to be uh has to be authorized by the SRT.

Uh the special commanding officer has to be present for it.

And so this is just a way uh for uh for the council to have an oversight on the uh introduction and adoption of these technologies, and also for members of the public to be able to look at it at any time and understand uh what's at use here in the city of Somerville.

Uh hopefully being secure in the knowledge that if it's not on our list of approved technology, uh it's not being used.

Uh Captain Sheehan, I see you have your hand raised there.

Yes, uh Mr.

Chair, I just wanted to say that um if uh counselor Davis does have any more suggestions or clarifications, we'd be more than happy to uh to look at those and make those changes that he he's requesting.

That's uh not an issue with us.

Yeah, of course.

Always been uh very accommodating to uh counselor's request for clarification uh expansion in these reports.

Uh Analyst Salisbury, I see you have your hand raised.

There is something you need to uh inject.

Mr.

Chair, my apologies.

I would normally not uh speak up on these, but I realize that I have been remiss.

Uh a number of members of the committee over the years uh had requested that there be a central location for the storage of surveillance technology impact reports.

And I realized that while I had created it, I had neglected to announce this to the committee.

Uh so if counselors or members of the public are at any time inclined to take a look at these in one central location, they are available online at our ENCODE Plus uh online portal for the code of ordinances under the other city documents tab, surveillance technology reports.

Uh well now when I go to that website and I click on the uh ordinances.

Uh oh, other city documents right there at the start.

Surveillance technology impact reports.

Excellent.

Uh for members of the public who might be looking for that.

Uh if you Google City of Somerville Ordinances, uh code of ordinance, you'll find it.

It's also available, I believe, and a link from the uh city clerk's main page.

Is that correct, Anna Salisbury?

Uh the city clerk's main page, the city council's main page, and from anywhere on the City of Somerville website.

If you open the government tab, there is a link to city ordinances that will jump you directly to that site.

Gotcha.

And uh other city documents is right there in the middle of the title menu bar once you get there.

So uh easily available for everybody.

Uh now I normally don't uh well, you know, it was always easier when we were sitting around in the committee room, but I do see a member of the public uh has a hand raised here.

I'm inclined to uh sponsor a member of public to ask a question or make a comment here.

Uh and let's see, that would be uh counselor Wheeler, since we are running at below quorum tonight.

Uh we should not be uh hitting any problems with uh inviting Councilor Wheeler to speak briefly.

Um Madam Clerk, I don't seem to be able to enable uh to promote Councilor Wheeler.

There we go.

Councilor Wheeler.

Uh thank you, Chair.

Uh I'll be super brief.

Uh, I appreciate all the work that goes into these uh surveillance technology impact reports.

I know it's a lot.

Uh I just wanted to point out something as somebody who's relatively new to reading them.

Um the the ball cameras uh one, for example, tons of great information.

And I noted that question seven, that's about cost has a very thorough answer that touches on the total dollar cost and makes it clear there's no net cost to Somerville because that's all coming through a grant.

I've just noticed with a few other uh surveillance technology impact reports.

Some of those uh either um say none or or say, oh, there's there's no cost because it's coming for a grant.

Uh and I'm wondering if uh if there's kind of one way or the other that we prefer to interpret uh the sort of requirement to include information about cost.

Uh normally it's in terms of the as I am, at least in my recollection, uh it's about the uh uh we've focused more on the ongoing costs uh of maintaining.

So for example, uh you know, I contract the shot spotter or something of that nature, but I'm I'm open to being corrected if anybody on the council or in the committee has a different recollection of that.

But uh as you noted, they do also include the initial purchase cost and then make a note that that is being offset at the time of acquisition by a grant.

So uh does that does that answer that sufficiently for you, sir?

Yes, thank you.

Appreciate that.

All right.

Well then, uh let's go ahead and uh well, let's see, Counselor Ewan Campen had a motion made to uh recommend approval of eight, nine, and ten.

Uh I would also then uh make a similar motion to place items 11, 12, and 13 on file.

Uh is there any discussion on those motions.

Mr.

Chair, if I may, we wouldn't place them on file.

Or actually, you know what?

I'm gonna take that back.

I think you have placed the ones on file that you didn't approve.

But let me confirm before we'll give you a moment to look that up.

My apologies.

Normally when it's referred for recommendation, we do not recommend it, but I have an inkling now that I'm saying it out loud, that you may have done something different with these.

So just one.

Uh I can see, for example, items 250452, 250752, several of these.

Yeah, you did place the mayors uh withdrawn them, in some cases uh they've been placed on file.

Okay.

Thank you for indulging me in that.

We will place those on file.

Oh, I like getting the procedure right.

Um thank you for uh double checking it.

So let's see here.

With that said, I believe that brings us to the end of our agenda items.

Does that sound correct to you, Madam Clerk?

Yes.

All right.

Well then let's pull all the items that were laid on the table uh to recommend approval.

Uh let's pull all those back before us and uh take them up in a single roll call vote.

Uh and just to be clear, I believe that is going to be items uh two through ten on oh, not two through ten.

We uh yeah.

Uh on the agenda this evening.

Items uh one through ten, actually.

All the committee meetings uh minutes as well.

Okay.

So on approval of items one through ten and on adjournment, Counselor Davis.

Counselor and Baugh, Counselor Ewan Campen.

Yes.

Counselor Streso, yes.

Counselor Scott.

Yes, please.

Those items are recommended to be approved and we are adjourned.

Wonderful.

Thank you, uh, Councilor Wheeler for your attendance and for the other members of the public I see here.

Uh, thank you, Captain Sheehan and Captain D'Oliveira from the police department, and of course, to all city staff that comes to support the council in this work.

Uh, it is my hope that uh the administration will have settled out a little bit and we'll be able to get on to the more substantive uh policy items and ordinances that are sitting in the legislative matters box uh coming up here, if not at the end of February, then uh certainly starting in March.

I know we're all eager to make a lot of progress together.

All right, thank you, everybody.

I will see you at the next city council meeting.