Committee Report CR-9

Present at the meeting were Vice Mayor E. Denise Simmons, Chair of the Committee, Councillor Kenneth Reeves, Councillor Minka vanBeuzekom, School Committee Member Richard Harding, Richard C. Rossi, City Manager, Lisa Peterson, Deputy City Manager, Nancy Glowa, City Solicitor, Duane Brown, Affirmative Action Director, Sheila Keady Rawson, Personnel Director Neal Alpert, Aide to Vice Mayor Simmons, and Paula M. Crane, Administrative Assistant, City Clerk's Office.

Also present were Elie Yarden, John Hawkinson, Jean Bracken, Lynda Detterman, Priscilla Lopes, Renae Gray, Carol Cheung, Catherine Hoffman, Nancy Ryan, Richard Clarey, Debra Copeland Montout, Gabriel Mondon, Lawrence Adkins, Priscilla McMillan, Helen Bryant, Jean Jeune, Nadeem Mazen, Robert Winters, Patricia Lewis and Sylvia Barnes.

Councillor vanBeuzekom convened the meeting and explained the purpose.  She reviewed the summary of the Civic Unity Committee Meeting of June 18, 2013 along with the Highlights of the topics raised during this meeting (Attachment A).  She then outlined the agenda for the current meeting.  (Attachment B).

Renae Gray recognized and thanked the individuals who have lifted their voices and continue to bring these issues to the attention.  She stated that the main focus of the meeting should be to look at some of the recommendations and how to move forward in a positive way.  She stated that it is important to look to the membership of concerned individuals to shape a proactive step into the future.

Elie Yarden, 143 Pleasant Street, stated that since the last Civic Unity meeting he has attended two hearings on unrelated topics.   He stated that that at these meetings, the format was quite different in that after hearing people speak to the relevant issues, questions were asked of the speakers.  He stated that the committees took interest in what the speakers had to say.  He stated that democratization of the hearings need is the only thing that will help the current meetings.  He stated that people need to be heard and respected.  He stated that we need to acknowledge that in Cambridge we live in a racist society.  He stated that this awareness needs to happen before anything is effective.  The other problem has to do with the bureaucratic government which is deeply rooted in the foundation of the society.  He stated that his chief recommendation would be the democratization of government in Cambridge in order to include the people of the city in the decision-making process.

Renae Gray noted that discrimination is against the law, racism is not.  She stated that two very different strategies are required to make inroads.

Dick Clarey stated that in the interest of looking forward, he would like to talk about the way the Law Department and City Manager disobeyed the law of the Human Rights Commission.  He stated that the Human Rights Commission attempted to intervene in the Monteiro issue.  He noted that the Human Rights Ordinance commands them to be involved.  He stated that they were treated with discourtesy by the Law Department.  He stated that this was written about in a letter published in the Boston Herald in 2011.  He stated that the Law Department has been guilty in the past about misstating the ordinance which is very broad.  He noted that the City Council should be more alert in the future.

Renae Gray stated that it is important to affirm the role of the Human Rights Commission.  She suggested that dispersing of information via brochures and other means would be beneficial to the public.

Lawrence Adkins thanked the committee for holding this important meeting.  He wished the City Manager luck in his new position.  He stated that he looks to this issue from the "top down."  He stated that the elected officials control the city.  He stated that nine councillors are responsible for intervention in these cases to benefit the residents of the city.  Regarding the Monteiro case, he stated this belief that there were too few minds to get this situation handled correctly.  He stated that the city charter needs to be changed.  He stated that a building was named after a person who was found guilty of discrimination.  Councillor vanBeuzekom corrected Mr. Atkins by stating that the charges in this case were of retaliation, not discrimination.  Councillor vanBeuzekom stated that her takeaway from Mr. Adkins' comments is that the City Council needs to be more involved.  Mr. Adkins stated that $16 million dollars is not a minor issue.

Councillor Reeves stated that as it relates to the Monteiro case, he did not agree with the idea that the City Council did nothing about the situation.  He stated that he was a witness at the trial and was very involved.  He noted that many times he did not have a majority vote of the City Council to act in any way as it relates to this case.

Helen Bryant stated that first and foremost, she cares about the city.  She stated that she was born and raised in Cambridge.  She stated that she personally knows Ms. Monteiro and Ms. Stamper.  She stated that these incidents have hurt the city and as a lifelong resident of the city, she expects better.  She stated that the way that the case played out put a black mark on the city.  She suggested that moving forward, she feels that senior managers in positions of decision-making must be thoroughly trained in their responsibilities and able to manage a diverse workforce.

Nadeem Mazen stated that there are many organizations that depend on performance reviews as a regular matter of course.  He noted that it would be beneficial for all workers to have regular performance reviews.  He stated that these reviews are often for the protection of the employee.  He stated that these stages will help to learn what systems do and do not exist.  He stated that the City Council should make every effort to have performance reviews for all city employees.  Councillor vanBeuzekom stated that while this is an interesting recommendation, there are collective bargaining agreement issues.  Councillor vanBeuzekom asked Sheila Keady Rawson to provide clarification.  Sheila Keady Rawson stated that performance reviews are subject to collective bargaining.  She noted that in some city departments they occur on a regular basis.  She stated that in other city departments there may be a performance management system in place.  Mr. Rossi stated that the city cannot require union employees to take part in a performance review.  He stated that the important way to make inroads when dealing with union employees is by way of senior managers and supervisors.

Robert Winters stated that he has looked over the notes from the prior Civic Unity meeting.  He stated his concern with the legalities when it is necessary to terminate a city employee.  He stated his hope that the record-keeping is complete so that the city does not leave itself open to lawsuits.

Patricia Lewis read from a prepared statement (Attachment C).  She stated that she is a concerned citizen and employee of the City of Cambridge.  She asked the committee to look at the agencies that the city has for its employees to go when they feel that they have been discriminated against.  She stated that the Affirmative Action website stated that they provide fair and impartial processing of complaints of discrimination and provides counseling as needed in an effort to mediate interpersonal disputes or conflicts with Equal Employment Opportunity implications.  She stated that the Affirmative Action handbook does not mention mediation at all.  She questioned if mediation is between the employee and the supervisor and if the mediator would be a neutral party.  She asked if the Affirmative Action findings are put in writing and given to employees.  She asked if the employee is allowed to respond to the Affirmative Action's findings.  She stated that she has the same questions as it relates to the Personnel Department.  She asked if the Human Rights Commission stands by Chapter 2.76.020 which states that the Human Rights Commission shall work with the City Manager and/or his assistants on matters pertaining to the human rights of all the citizens of Cambridge.  She questioned if the Human Rights Commission provides assistance to Cambridge residents who also work for the city.  She stated that the Local 25 Collective Bargaining Agreement Handbook states that it does not tolerate discrimination.  She stated that there is no mention of steps to follow in order to file a grievance.  She stated that mediation is not mentioned in the handbook.  She stated that Weingarten Rights ensures that union employees have a right to union representation.  She noted that the Weingarten Rights are not mentioned in the union handbook.  She stated that there is something wrong with city agencies when city employees seek assistance from the Massachusetts Commission Against Discrimination, Civil Service or an attorney.  Councillor vanBeuzekom thanked Ms. Lewis for her comments and stated that it would be beneficial to have union representation at a future meeting of the Civic Unity Committee.

Duane Brown reviewed the available procedures currently in place for city employees who would like to file a complaint.  He stated that the Affirmative Action Plan is online and very detailed.  He stated that when a person files a complaint it is the responsibility of the Affirmative Action Officer to inform that person of their right to file their claim outside of the city with the Equal Employment Opportunity Commission or the Massachusetts Commission Against Discrimination.

Ms. Gray stated that for real change to occur, all parties need to be willing to listen to each other. She stated that if the committee wants a fundamental, bottom-line change, every voice has to be heard and listened to, whether we agree or not.  She noted that all voices are valid voices.

Councillor Reeves stated that he feels it is important to suggest changes that are fundamentally positive.  He stated that the City Council should consider engaging a consultant to aid in the process which would allow the city to be in a better place.  He spoke of the Professor Gates matter and noted that the response was to commission a group which looked at all aspects of the case but never really answered questions relating to the case.  This was thought to be a realistic response.  He stated that in the Monteiro case, the city paid out money with no apology.  He stated that this is a culture of denial.  He stated his belief that we are all good people but we need help in owning and taking responsibility for what has happened and that is the root to ensure that it doesn't happen again.  He stated that he has great faith in the new administration.  He affirmed his hope that the biggest difference in administrations will be talking about issues as they confront the city and truthful dialogue.  Councillor vanBeuzekom asked Councillor Reeves if, in his opinion, there was anything positive that was gained from the Gates group.  She asked Councillor Reeves if that would be a good model to follow.  Councillor Reeves responded in the negative.  Councillor Reeves stated that when recommendations were made by the group, the Police Commissioner stated that most of the recommendations were already taking place.  Councillor Reeves stated that it was not a good process to commission a group and tell them not to look at the question at hand.  He noted that police officers have discretion but that this discretion relies on good judgment.  He stated that if the former City Manager had communicated better with the City Council, there never would have been the international embarrassment that ensured.  He stated that this consultant needs to be someone that is not "us" as we are not objective.

Ms. Gray stated that she does not want to take the city off the hook but she suggested putting this issue in the context that it is the country that is in denial about issues of race and class.  She stated that the City of Cambridge would be the exception to the rule if we took a different position.  She stated that before we look like at other states such as Florida and Texas, we need to take an objective look at ourselves.

Sylvia Barnes read from a prepared statement (Attachment D).  She stated that she is an employee of the City of Cambridge.  She thanked Councilor Kelley and Vice Mayor Simmons for scheduling the meeting.  She thanked Councillor Reeves for being so honest as opposed to sugarcoating the issue.  She made reference to a recent article regarding the City Manager's proposed steps to curtail discrimination (Attachment E).  She stated that she was very pleased with City Manager Rossi's response to the issue of discrimination.  She stated that she feels that employee ideas should also be welcome when developing a plan that is best for all.  She stated that at previous meetings it has been stated that the Monteiro, Stamper and Wong cases cannot be discussed due to confidentiality.  She stated that the details are in the public record and submitted copies of articles by the Cambridge Chronicle (Attachment F) and the Boston Globe (Attachment G).  She gave examples of a pattern that emerged after these women were hired.  She stated that the jury wanted to send a strong message to the administration of the City of Cambridge and awarded Ms. Monteiro millions of dollars.  She stated that this did not work because the only ones that suffered were the taxpayers.  She stated that the Personnel Department and the Affirmative Action Office were not helpful in assisting the employees.  She stated that the city administration, which includes department heads who were named in the lawsuits, have continued with business as usual.  She stated that for these reasons, she did not agree that department heads should be allowed to come up with ideas on how to prevent discrimination lawsuits.  She stated her belief that the best way for change is hiring new department heads who believe in treating employees professionally and fairly.  She stated that the City Manager has to hold department heads accountable if they do not follow his lead.  She stated her hope that the City Council will follow-up on the City Manager's promises of change.

John Hawkinson read from a prepared statement (Attachment H).  He stated that the City Solicitor made clear to him that the City is willing to meet its legal obligation to release to the public the names of the parties and docket numbers of pending discrimination lawsuits before the City (Attachment H-1 including his public records request dated July 3, 2013).  He encouraged the City Council to ensure that when such questions are asked by the City Council that the City Council insist on receiving its answer in public, not in Executive Session.  He noted that this is important for transparency which is important to public confidence in the City's handling of these complaints when they reach the legal level.

Vice Mayor Simmons stated that Civic Unity meetings will continue to be held monthly.  She stated that a positive climate in the city will ensure that all employees know that they are valued.

Councillor Reeves stated that a potential solution is the consideration of engaging the services of a consultant to help objectively look at the question and guide the city so that it gets to a better place.  He noted that there are interesting conversations taking place in the city regarding the Trayvon Martin case.  He stated that it is interesting to him that the young people of Cambridge believe that violence and unfairness is a "given."  He noted that this idea is the opposite of his own approach to life and to the city.  He stated that this is a good moment to engage in a discussion of who we are to each other.

Vice Mayor Simmons took the opportunity to inform the attendees of the meeting that there will be a community conversation on July 18, 2013 regarding the Trayvon Martin case which will be sponsored by the Peace Commission.  This meeting will take place at the Senior Center at 6:00 p.m.

Vice Mayor Simmons stated that she recently had the opportunity to visit the Moore Youth Center.  She stated that there were young people discussing the outcome of the Trayvon Martin case.  She stated that these young people were both hopeful and hopeless.  She stated that the 50-year anniversary of the Civil Rights movement and the 150-year anniversary of the Emancipation Proclamation make this conversation even more important.  She noted that this topic does need to be a community conversation.  She stated that she would like people to have the opportunity to say what is on their mind.  She stated her intention to submit a City Council policy order recommending that the City Manager move forward in hiring a consultant.  She stated her concern that the city not be required to hire the lowest bidder due to procurement laws.  She stated that the lowest bidder is not always the best facilitator.  Mr. Rossi stated that there may be some solutions with respect to the consultant.

Councillor Reeves stated that the School Department hired a consultant to visit and observe classrooms.  He stated that this person reported that there was not rigor in many of the classrooms.  He stated that there are times when you don't always get a positive report but you can get an objective response.  He stated that the School Committee was very good in receiving the information and is using this information in a positive way.

Councillor vanBeuzekom asked Ms. Keady Rawson about anti-discrimination training for new city employees.  She asked if this training occurs only at the time of hire or if it is re-visited on any basis.  Ms. Keady Rawson stated that that there is a mandate that requires all new hires to engage in diversity training.  She noted that there is other training available on an ad hoc basis but stated that it is not required.  Councillor vanBeuzekom questioned if there is any type of evaluation of this training.  Mr. Rossi stated that it is difficult to measure the impact of a three-hour training session.  He stated that it would be the department head who could measure the effectiveness of this type of training.  Other trainings are provided on an ad hoc basis but are not required on an ongoing basis.

Councillor Reeves stated that he looks to City Manager Rossi to model what the organization of the City of Cambridge should look like.  He noted that there needs to be a better reflection of the city and its people.  He stated that it is the role of the Affirmative Action Director to ensure that the organization is diverse, whether it wants to or not.  It is a difficult task.  Vice Mayor Simmons stated that the City Council does control policy in the city and these policies are a factor in getting the city where it needs to be.

Renae Gray stated that as an organization, the City may do a good job on an interpersonal/personal level as it relates to diversity.  She noted that what is much more complicated and complex is the policies, procedures and the culture of an organization.  She stated that the YWCA used to conduct an audit which looked at vendors including a thorough look at internal and external structures and policies that kept change from racism in place while making sure to keep discrimination at bay.  Agreeing to do this is agreeing to embark on a journey for there to be real change.

Vice Mayor Simmons stated that Councillor Kelley submitted his thoughts and expectations going forward in this process.  (Attachment I).  She stated that she would like to address these thoughts and suggestions when Councillor Kelley is present.

Vice Mayor Simmons stated the importance of being clear as to what is being asked of a potential consultant.  She noted that the conversation needs to continue regarding what the committee is looking for in their response.  Councillor Reeves stated that it is very important to get an idea of what the employee climate in the city is.  He stated that there will need to be ongoing discussion.  Vice Mayor Simmons stated that as the City Council term comes to a close, there may be a new Chair of the Civic Unity Committee but it will be clear to that this is the agenda moving forward.  She noted the need for more citizen voices in this process.  She stated her desire to involve the youth of the city.  She stated that it may be beneficial to convene a small planning group to move forward as it relates to a facilitator.  This group would discuss thoroughly what their expectations are by way of outcome.

Linda Detterman stated this process is a journey and partnership with City Manager Rossi and the City Council.  She noted the need to delve deep into these issues.  Vice Mayor Simmons noted that while this process is being undertaken, it is important to be cognizant of doing better in the present.

Councillor vanBeuzekom stated that it may be in the best interest of the city to talk about and evaluate the Human Rights Commission and the potential that the ordinance be addressed if it is not considered to be working for city employees.  She questioned how the city could engage structures of the union for employees.

Vice Mayor Simmons stated that there will be a meeting scheduled in August.  She stated that Cambridge is a good city as an employer but this issue is something that needs to continually be worked on.