Amherst Committee Weighs Human Rights Commission’s Shift from Bylaw to Charge Amid Legal Concerns

The Amherst Governance Organization and Legislation Committee meeting on March 24th focused heavily on the potential shift of the Human Rights Commission (HRC) from a bylaw to a charge. The discussion brought up concerns about the broad language in the commission’s purpose section and its implications for town liability. The committee also examined the clarity and applicability of terms such as “microaggression” and “macroaggression” within the document.

The primary topic of discussion was the proposed transition of the Human Rights Commission from being governed by a bylaw to a charge. The chair of the committee suggested this change, arguing that a charge would offer the commission greater flexibility and adaptability in its operations without the constraints of the lengthy bylaw amendment process. The current bylaw, described as more of a charge and practice, does not conform to the structured format of other bylaws. The chair referenced previous discussions with Town Manager Paul Brockelman, noting the interest from Diversity, Equity, and Inclusion (DEI) Director Pamela Nolan Young and Lauren Goldberg from KP Law to participate in future meetings about this transition.

A debate arose around the language used in the purpose section of the HRC document. Concerns were raised about terms like “microaggression” and “macroaggression,” with some committee members questioning their definitions and relevance. The consensus was that the language seemed overly broad, potentially leading to confusion and increased liability for the town.

The committee also examined the possibility of merging the mission statement with the purpose statement to reduce redundancy and improve clarity. The need for specificity was highlighted, particularly in terms of the geographic scope of the commission’s responsibilities and the role of the DEI director. There were suggestions to refer to the DEI director more generally to accommodate potential future changes in title. Additionally, the members discussed the importance of promoting understanding of human rights issues and the extent of the commission’s purview in this regard.

As the meeting progressed, the committee evaluated the HRC’s role as a resource for the town council, town manager, and human rights director. There was concern about whether the proposed language implied a special status for the HRC compared to other committees, with suggestions to clarify these expectations to prevent misunderstandings about the HRC’s responsibilities and capabilities.

Further, the committee touched upon the composition of the HRC, noting challenges in recruiting members and the potential need to adjust the number of commission members. The chair emphasized the importance of ensuring the commission’s charge aligns with its intent and operational needs, with plans to revisit the charge after receiving feedback from Pamela Nolan Young and the HRC.

In addition to the HRC discussion, the committee addressed the upcoming bylaw review committee vacancies. The members reviewed a vacancy notice, which was unanimously approved, and discussed the desired qualities and characteristics for future candidates. Emphasis was placed on ensuring applicants have relevant experience in community engagement and municipal governance, while recognizing the importance of demographic diversity.

The committee also delved into procedural elements, such as the rules of procedure, specifically rule 8.2, regarding the referral of financial orders. A proposed change to eliminate automatic referral requirements was discussed.

Note: This meeting summary was generated by AI, which can occasionally misspell names, misattribute actions, and state inaccuracies. This summary is intended to be a starting point and you should review the meeting record linked above before acting on anything you read. If we got something wrong, let us know. We’re working every day to improve our process in pursuit of universal local government transparency.
Town Manager:
Paul Brockelman
Oversight and Review Committee Officials:
Ana Devlin Gauthier, Pat De Angelis, Ndifreke Ette, Lynn Griesemer, George Ryan, Athena O’Keeffe (Clerk of the Council)

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