Committee Report CR-7

The purpose of the meeting was to continue discussions on lessons learned as it pertains to the Monteiro case and to discuss how to ensure that the City effectively addresses employee grievances and concerns.

Present at the meeting were Vice Mayor E. Denise Simmons, Chair of the Committee, Councillor Craig Kelley, Councillor Kenneth Reeves, Councillor Minka vanBeuzekom, Richard C. Rossi, City Manager, Lisa Peterson, Deputy City Manager, Brian Murphy, Assistant City Manager for Community Development, Ellen Semonoff, Assistant City Manager for Human Services, Nancy Glowa, City Solicitor, Sheila Keady Rawson, Personnel Director, Duane Brown, Affirmative Action Director, Neal Alpert, Assistant to Vice Mayor Simmons, Richard Harding, Mervan Osborne, School Committee Members, and Paula M. Crane, Administrative Assistant, City Clerk's Office.

Also present were Lynda Detterman, Michelle Borden, Juliet Turner, Yolanda Hernandez, Marc Levy, Stephen Kaiser, Dennis Carlone, Elie Yarden, Sylvia Barnes, Ameedah Abuwi, Patricia Lewis, Richard Clary, Nancy Ryan, Cathy Hoffman, Ron Peden, Luis E. Cotto, John Hawkinson, Erin Baldassari and Lawrence Adkins.

Steven Kaiser, 191 Hamilton Street, stated that considering where we stand and issues discussed, we need to define more clearly what the committee is doing, and what our ultimate goals for this are.  He stated that the important issue is what action will be taken so there will not be discrimination lawsuits in the future.  He stated that prevention is important.  He stated that three employees were discriminated against for doing their job too well.  He stated that in looking over the discrimination cases, sexual preference and religion have not come into play.  He stated that it is valuable to have monthly meetings of the committee.  He stated that the independence of an outside consultant cannot be assured.  He stated that the City of Cambridge should have a City Inspector General such as what is in place at the state level.  There should be a minimum requirement of ten citizens to submit a petition to the Inspector General.

Dennis Carlone, 9 Washington Avenue #6, stated that it appears the City Council does not think that they have authority over the City Manager and its employees.  The city's municipal ordinance has a code of conduct which says that any employee or officer shall be subject to appropriate discipline.  The City Council should have expanded this ordinance years ago.  The ordinance should be further expanded to cover all unethical behavior.  If one does not enforce what is good behavior, it will happen again.  Enforcement is crucial.

Elie Yarden, 143 Pleasant Street, stated that he is very grateful to the Chair for holding this meeting.  He stated that the City cannot deal with a problem with the same kind of thinking that caused it.  He stated that the problem is one of bureaucracy and of hierarchy.  He stated that the City Council has the final responsibility for maintaining democratic government in the City of Cambridge.  He spoke of the characteristics of bureaucracy.  He stated that our educational system has been thoroughly bureaucratized.  He submitted information regarding the characteristics of bureaucracy for the record.  (Attachment A)

Sylvia Barnes, Harvey Street, thanked Vice Mayor Simmons for scheduling the meeting and City Councillors who are present at this meeting.  She stated that several employees would have been present but were fearful of retaliation.  The internal culture at City Hall has existed for over thirty years and it is difficult to change it.  She stated that for employees to file complaints with MCAD and to go to court, it should not be taken lightly.  She stated that it takes guts for an employee to go to court.  She stated that city administration should not label discrimination complaints as disagreements as they do not mean the same thing.  She stated that the City Solicitor's Office staff can work on discrimination cases during the work week.  They are currently working on seven discrimination cases but should be working on city business.  She is hopeful that change can come to the city but it will take hard work.  The City Council has to understand that discrimination in the City of Cambridge is everyone's problem.  In order to eradicate discrimination you must admit that it exists.  She stated that employees need a sign that the City Manager wants the City of Cambridge employees feeling that Cambridge is a great place to work.  She stated that she looks forward to the day when the City Manager and the City Council agree and work together to state that discrimination will not be tolerated in the City of Cambridge.  Ms. Barnes submitted her comments for the record.  (Attachment B)

Patricia Lewis thanked Vice Mayor Simmons for continuing these important meetings.  She thanked City Manager Rossi and the members of the City Council who were in attendance at this meeting.  She stated that she has spoken with some people of color that feel they have been discriminated against by their supervisors but do not want to come forward due to fear of retaliation.  She told the story of a black female who works for the city who complained to supervisors about racial discrimination.  This employee reached out to the Affirmative Action Office as well as the Human Rights Commission and asked for mediation to no avail.  She then contacted her union who told her that they did not handle discrimination cases.  She then went back to Affirmative Action who was investigating the allegation along with the Personnel Department.  This person was never notified of the findings of her discrimination complaint.  She stated that this employee's claims were then taken to the MCAD and EEOC at which MCAD went to the city for her and asked if the city would be interested in mediation.  The City declined MCAD's offer for mediation.  She stated that for employees to file complaints with MCAD and to go to court, it should not be taken lightly.  She questioned why the City does not offer mediation as an option for settling discrimination cases.  Ms. Lewis submitted her comments for the record.  (Attachment C)

Richard Clarey, 15 Brookford Street, stated that from his perspective there have not been any lessons learned.  He stated that there was a misunderstanding on the part of the City Council regarding the verdict in the Monteiro case in 2008.  The jury awarded a compensatory damage award to Ms. Monteiro and then separately issued a punitive damage award against the City. During one of the hearings it was stated by a City Councillor that Ms. Monteiro did not deserve this award.  Mr. Clarey stated that the point of the damages award is to call attention to a defendant who behaves badly toward a plaintiff.  The only way to do this is by a punitive damages award.  He stated that with that verdict, the jury hoped that the City administration would be moved to take action.  He stated that the City of Cambridge tried to make this case go away.  He stated that if any of the other active cases gets to a jury, the plaintiff's lawyer will state that the court tried to teach a lesson to the City of Cambridge but they did not learn from it.  He suggested that the City Manager consider having the Affirmative Action Office offer mediation and that the Human Rights Commission statute be reviewed by the City Manager.  Regarding the open cases, he suggested that the City Council form an oversight committee to review the progress of these cases every ninety days.  He stated that Mr. Rossi has never been named in the many court papers that he has read.  He stated that this is an opportunity for Mr. Rossi to turn a new page.

Nancy Ryan, 4 Ashburton Place, stated that for 25 years she was the Director of the Women's Commission for the City of Cambridge.  She stated that she has confidence in the new City Manager that he is taking these issues seriously.  She stated that she was asked to testify in both of the Malvina Monteiro cases.  She stated that after testifying in the original case the former City Manager stopped attending her budget hearings and failed to acknowledge her presence.  She stated that other senior administrators within the City did the same.  She stated that the shunning was personally painful but it also sent a message to other City workers who stand up and tell the truth.  She stated that as a white female she was never questioned about flex and vacation time.  She stated that she retired in 2006 because she couldn't continue to do her job due to the inability to communicate effectively with her boss, the former City Manager.  She noted that during her tenure as Director of the Women's Commission there were many women who visited her regarding problems in their jobs.  She heard difficult, poignant stories, mostly from women.  She stated that women employees who have both gender and race combined have had a particularly difficult time.  She suggested that in addition to finding new avenues to deal with discrimination, consequences are needed.  Poor management as it relates to discrimination cannot be tolerated.

Cathy Hoffman, 67 Pleasant Street, stated that she was the former Director of the Peace Commission for the City of Cambridge.  She thanked Vice Mayor Simmons for bringing this legacy back into public view.  These efforts will enable the City Manager and others to repair some of the harm that has been done.  She compared how the City of Cambridge has dealt with charges of racism to how MIT once dealt with charges of sexism.  Rather than get involved in litigation, the president of MIT acknowledged the charges and then asked how to address it.  She is hoping that the new City Manager acknowledges that Cambridge has a long way to go.  There are lots of new ways of being together such as restorative practices.  It is a whole group of people impacted when these things happen. She stated that as an outsider she was concerned that the Director of the Human Rights Commission is the former legal counsel to the former City Manager.  She stated that the Human Rights Commission needs to be a place where people can turn.  She stated that the appearance of someone who had the role of legal counsel to the former City Manager and is now the Director of the Human Rights Commission does not necessarily send a positive message.  She believes that this will give the appearance that nothing has really changed.

Ron Peden, 25 Aberdeen Avenue, stated that he does not have a positive assessment to deliver.  He stated that he is cynical and felt that this type of meeting is disingenuous.  He stated that he is a long time activist in the area and the response has not been helpful.  He stated that if the City Council had done due diligence, it could have headed off a lot of these problems.  He stated that he does not agree with the City Manager that the City of Cambridge does not have an epidemic of discrimination.  By ignoring the problem you will ensure an epidemic and send a message to everybody that the City does not take these issues seriously.  He is not encouraged that things will be different.  He does not see how things will change.  He stated that the only thing that will change the situation is a systemic change of people removing themselves from the City Council.

Mr. Rossi stated that since the last meeting he has held a meeting for City of Cambridge department heads to talk about all policies and expectations moving forward as it relates to discrimination and other topics.  He stated that hard copies of the Civic Unity committee reports from the prior meetings on this topic were handed out and noted to be "mandatory reading" for all department heads.  He asked the department heads to pay close attention to issues that may be minor but could become a bigger issue.  He urged department heads to speak with their staff as a way to take the pulse of each department.  He stated that as he has discussed in past, taking the temperature of staff, determining what works and what does not, training staff about issues of discrimination, and recognizing problems in their infancy is a work in progress.

Mr. Rossi noted that he has had preliminary discussions with a consultant and he is currently awaiting a proposal which would include different components to address the subject.  He stated that there have been discussions about a position of ombudsman.  He noted the importance of a neutral party that can have a positive impact on the staff.  Mr. Rossi then spoke of a book titled

which deals with unrecognized bias.  He stated that he recommended this book to department leaders so that they understand that bias can exist even if you don't believe you are that kind of person.  He stated his hope that this will open up to greater conversations.  He stated that department heads will be responsible for the atmosphere in the office environment.  Mr. Rossi affirmed that he has an open door policy for all city employees.  Regarding an earlier comment noting that the Director of the Human Rights Commission was the former legal counsel to Mr. Healy, Mr. Rossi clarified that Ms. Schlacter was an assistant in the City Manager's Office and was not practicing law or acting as legal counsel to the City Manager.  He stated that Ms. Schlacter is not afraid to challenge him if she feels necessary.  He noted that he has great confidence in Ms. Schlacter's ability to do her job.

Councillor Reeves stated that while he was canvassing in a public housing development he noted that many citizens that are voters did not speak English.  He stated that there were a number of complaints against a Cambridge Housing Authority employee who was allegedly racist to the Haitian population.  Councillor Reeves stated that he relayed the information to a responsible person within the CHA.  He stated that when he saw this person the next day he was told that the CHA employee that he'd inquired about has good relationships with Haitian tenants.  He stated that he uses this example to demonstrate the difficulty of getting to equity on these issues.  He stated that people are afraid.  He learned that the residents of this building have meetings in English and many residents do not speak English so there is no thought for who they are and they feel mistreated.  He does not like the thought that there are people who work for the city who do not feel comfortable to publicly speak about their experience.  He stated that it is interesting that it has been only women who have brought suits against the city, and he doesn't think this is a coincidence.

Councillor Reeves then stated that he contacted Mary Lassen, Managing Director, Center for Community Change, and asked her who she would recommend to consult with the City on this important topic.  Ms. Lassen recommended Tyra Sidberry who is diversity specialist at Third Sector New England.  Mr. Rossi stated that he will reach out to Ms. Sidberry to see if she can be of assistance.  Vice Mayor Simmons stated that it is important to compile a list of people who could aid in these discussions.  These discussions need to be a forum wherein city employees feel comfortable to speak about sensitive issues.  Vice Mayor Simmons stated that potential consultant names could be submitted to either her or Mr. Rossi.  She stated that at some point, we should be talking about "redemption, reconciliation and reparation."  She stated that a new process is something that people have to get used to if they have not had that opportunity in the past.

Councillor Reeves noted that a big issue is there is a belief that if Affirmative Action was working well in the city, we would have more diversity in the upper ranks, particularly in the Police and Fire Departments.  He stated that he is often asked about the five persons of color on the top of the list of 85 ranking officers in the Fire Department and the reason why they never get promoted.  He stated that 3 or 4 new captains were recently appointed.  He stated that it is difficult to explain this scenario to a man of color.  He noted that the Fire Department contract allows this to happen.  Vice Mayor Simmons stated that this scenario could be the motivation for policy or legislation that would affect an ordinance whereby the City Council would modify impediments.  She stated that these laws prevent the City from doing what it says it wants to do.  The City Council may need to revisit another way of doing business to modify impediments.

Councillor Reeves stated that he does not know of any instances wherein a manager of a department has been disciplined for discriminatory practice.  He questioned how the City would vet out management that is not strong.  Vice Mayor Simmons stated that the City Council is not allowed to be involved in personnel matters due to the City Charter.  She asked Mr. Rossi what mechanism is used to evaluate the managers and supervisors within the city.  Mr. Rossi stated that some departments have done a good job with evaluations while other departments have not.  He stated that there will be implementation of a management evaluation system that will be implemented before the end of the fiscal year.  Mr. Rossi clarified that there are managers within the City that have been disciplined when they have acted inappropriately.

Councillor vanBeuzekom stated that she attended the Government Operation Luncheon for the Chamber of Commerce.  She stated that when Mr. Rossi spoke at the event she was extremely impressed with the changes that are taking place under the new leadership.  When Mr. Rossi was asked about his goals to increase diversity in department heads, Mr. Rossi's reply was that he is looking forward to the opportunity to prove that this issue is on his radar.  She stated that it is critical to keep moving forward.  Councillor vanBeuzekom asked Mr. Rossi if the Affirmative Action Office offers mediation services.  Mr. Brown stated that the Affirmative Action Office does, in fact, offer mediation.  Councillor vanBeuzekom asked if the Human Rights Commission will play a more active role in discrimination cases.  Mr. Rossi replied that in the past the Human Rights Commission has referred people to MCAD because they have better remedies for people than the Human Rights Commission.  He noted that the City has not utilized the Human Rights Commission to deal with employee grievances.  He stated that he will look at that issue to consider changes that can be made to help in situations such as these.  Vice Mayor Simmons stated that this is an opportunity to look at configuration of the Human Rights Commission.

Councillor vanBeuzekom asked if there is a formal system in place to keep track of grievances.  Mr. Rossi stated that he meets daily with the Personnel Director for a briefing and status update on old and new complaints.  He has informed department heads that he wants to be aware of what is happening in each department.  He stated that currently there is no formal system in place for tracking purposes.  Councillor vanBeuzekom asked if there have been changes and updates to the Employee Handbook.  Ms. Keady Rawson stated that they are taking an active look to see what improvements can be made.

Councillor Kelley stated that the City Council needs to be willing to do the same thing that they are asking the City Manager to do.  He stated his belief that the training of managers is different than the training on racial, gender and sexual orientation.  As it relates to the unions, he stated that it seems that the shop stewards are not aggressively promoting their workers' rights.  He believes that there needs to be a better understanding of what the union's responsibilities are in these situations.  Regarding the current cases, Councillor Kelley stated that he is miffed that the City Council asked for information from the City Solicitor's Office and were told that they could not have it but it was then received via a public records request.  He stated that the City has an obligation to its citizens and noted that when the City Council moves into Executive Session too quickly, other important discussions are undercut.  He noted that he is impressed in the way that the committee is moving forward and stated his support for a consultant to aid in this process.

Councillor Reeves stated that he believes a lot of the culture tone in the City is set by the City Manager because he hires the workforce.  He stated that for the first ten years it amazed him that there was not a person of color in the City Manager's Office.  He is hopeful that the Mr. Rossi is aware of leadership by example which can make people see the diversity.  He stated that he was called as a witness in the Monteiro litigation and he was asked for examples of disparate treatment in the city.  He then told of a male city worker who attended a gym daily without question while two women of color were asked to detail their time.  This issue arose in at least 3 of the women of color cases.  He stated that all employees should keep track of their time and if that is not happening across the board, you cannot target a certain group and expect them to detail their time.

Mr. Rossi stated that he is in agreement with Councillor Reeves regarding equitable treatment for all.  He stated that at the meeting he held with department heads, he reaffirmed that the department heads must adhere to all rules.  He stressed the importance of accurate timesheets and stated that department heads are to set the example for the office.  He stated that the department heads were told that they are to lead by example.

Councillor Reeves noted that when he was the mayor he was asked by newspapers who he went out to lunch with and why the mayor's car had Police plates.  He stated that no other mayor was ever asked these questions.  He stated that the double standards are present not just inside City Hall, but community-wide.

Ms. Detterman stated that she feels great progress is being made.  She acknowledged that this is in large part due to Mr. Rossi.  She reinforced that the citizens need to hear from the City Manager regarding this issue as he will pave the way.  She noted the importance of choosing the right person or firm as a consultant.

Councillor Reeves stated that the City Council dropped the ball with respect to the Monteiro matter.  He stated that for the City Council to do nothing was not an example of a decisive City Council.  The City Council's silence equaled consent.  He stated that he is concerned that the City Council has difficulty making important decisions although important decisions must be made.  Vice Mayor Simmons stated that regarding the Monteiro case, the City Council majority spoke for all of the members of the City Council.  She noted that there was dissent in the ranks but the majority version is what is seen.  She stated that although the majority rules, all members are not always in agreement.

Mr. Rossi offered to reach out to all City Councillors individually regarding their concerns and areas that may be strengthened with the aid of a consultant.  This will allow all City Councillors to have input into the process.  Councillor Kelley stated that it is important for the public to see all of the City Councillors participating in this process.  Vice Mayor Simons stated that she will also encourage the entire membership to attend this meeting.  She stated that it would also be beneficial to have representatives of the Fire Department and Police Department taking part in this conversation.

Councillor Reeves stated the upcoming election determines the composition of the City Council going forward.  He stated the importance of continuing this agenda topic moving forward.  Vice Mayor Simmons responded that it is her hope that there is commitment to continue this discussion regardless of who the Chair of the committee will be in the next term.

Vice Mayor Simmons reaffirmed that everyone agrees that the City Manager and the City Council need to lead by example.  This becomes the benchmark for the City of Cambridge moving forward.  She stated that the City must admit that there is a problem and then commit to making it right.  She stated that she is pleased that the City is doing this work.