Tom Davis has brought troubling facts to light about the duties not being met by Newton!s Human Rights Commission – if indeed it is active – at the bottom of another thread. There’s a short discussion after his comments. Please feel free to move your comments here.
An excerpt from his comments:
If you’re a prospective or current Newton resident who believes that your housing rights have been discriminated against, the Commission has you fill out a “Housing DISCRIMINATION COMPLAINT FORM.” On the form, it reads “If you need help filling out this form, please call and leave a message on the Fair Housing Discrimination line 617-796-1283.” [which has an] automated response: “you have reached a non-working number.” In other words, there is no Fair Housing Discrimination line!
The footer of the official Housing Discrimination Complaint Form used by the City of Newton includes another number to call, this one referred to as the “ADA voicemail.” [It has] the same automated response: “you have reached a non-working number.”
The official Housing Discrimination Complaint Form used by the City of Newton refers you to two different websites, http://www.newtonhumanrights.org and http://www.ci.newton.ma.us/fairhousing. You guessed it – neither website exists.
On the record as provided by the City controlled Human Rights Commission website, the last time the Commission had its statutorily required nine members was January 2015, and the last time that it met more than its statutorily required eleven times per year was nearly a decade ago back in 2010. Moreover, I cannot find a single – not one – record of the Human Rights Commission initiating any investigation or publicizing any report. Given that the Human Rights Commission is a municipal board which is subject to Massachusetts open meeting laws, we can reasonably infer from this omission that the Commission hasn’t taken any such actions. That’s a problem which needs fixing.
Those on the Human Rights Commission, it would be helpful if you would address this situation in the comments. As always readers comments are welcomed.
Thanks for posting this important thread, Marti. Much appreciated. I’m looking forward to hearing from Human Rights Commissioner Bryan P. Barash. A few things I’ll add to the points I’ve already raised (and believe me, I’ve got many more once the discussion gets flowing).
From 2015-2016, Newton’s Health and Human Services Department has spent $720,374 on expenses. Of that $720,374, the Human Rights Commission – which is charged with the very important mandate of investigating discrimination within the City – spent only $1,329 on expenses. Specifically, the Human Rights Commission invested roughly 79% of its dismal budget on food and another roughly 14% on awards. There is no record that I could find of where the other roughly $93.00 (or 7%) of its budget went. During this timeframe, reporting of hate crimes increased by more than 400%, the opioid death rate increased by 142%, and housing discriminating has likely persisted at the particularly high rate that has been found in Newton.
As a point of comparison, during the same timeframe, the City of Boston invested $383,457 into its Human Rights Commission and Fair Housing Commission. If Newton were to have invested the same or similar percentage of our operating budget into our Human Rights Commission and Fair Housing Commission, we’d have invested $50,440 into combating discrimination. But we only invested an anemic $1,329.
People such as Jane get mad at me for highlighting these types of facts. They get upset with me for clearly articulating not only that a problem exists, but for believing that we both can and need do better in creating and implementing solutions to them. My commitment, which is unequivocal, is to improving lives of those within our community. Toward that end, there is so much more that we can do. Rather than spend roughly 93% of the Human Rights Commission budget on awards and food, we need to begin investing our resources (both in terms of money and people power) in ways that will better solve the very serious problems which exist for real people in Newton. I look forward to having that substantive discussion.
@Tom Davis – Talking about funding levels divorced from a proposed budget is almost meaningless to me. Should the commission be funded with $500 or $50,000 or $5 million? That can only be answered within the context of what the money is intended to fund.
@Jerry: Fair question. In a two year period, Newton’s Human Rights Commission spent an anemic $1,329. In other words, it only spent $1,329 to achieve its mandate, which is to investigate and resolve discrimination in Newton. $1,329 likely wouldn’t even be enough money to litigate a single claim of discrimination, let alone pursue discrimination claims on behalf of a city with nearly 90,000 residents. If we invested the same percent of our overall budget as Boston into our Human Rights and Fair Housing Commissions, they would have spent more than $50,000.
To answer your question, there’s no “right” answer in regard to how much money the HRC should be funded with as we’d need to come to that conclusion as a team once we have a clearer understanding of the big picture. What I can say, however, is that the status quo is woefully insufficient. Finally, the numbers I’ve referenced are not from proposed budgets; they literally represent the amount of money that is on record as having been spent by the HRC from 2015-2016.
To me, it seems like they don’t. I’m not super politically active in Newton, but I think I’m more aware than many Newton residents. I’ve lived here for nearly 14 years and I follow local news. However, until I got something in my inbox about committees and commission openings a few months ago, I didn’t even know that these committees and commissions existed. I didn’t know there was a Human Rights Commission and in spite of knowing who Bryan Barash is, I didn’t know that he had a role in the HRC. Their section on the City website is anemic and while it lists future meeting dates, it otherwise has very little current information. The brochure doesn’t have a lot of information about initiatives or anything like that. The brochure DOES say: “Collaborate with residents, school staff, students, and businesses to support Newton’s diversity initiatives.” But has anyone experienced that type of engagement from the HRC?
Tom-I’m not mad at you but I do think you’re often excessively critical of the efforts of others while patting yourself on the back. Perhaps if you’d give credit where credit is due on occasion it would help.
As for funding the Human Rights Commission at a higher rate, I can’t and don’t support that. We have a tight budget with a significant portion of the city and school going to human rights programs that are overseen by paid staff.
I appreciate Tom’s desire to make the Human Rights Commission more effective. If he is selected I hope that he will be more engaging with current members. His comments to date have been demeaning and insulting to those he will have to work with. Years ago I served on the Human Rights Commission and saw first hand the very respectful way they handled very private and confidential matters. I hope Tom will reconsider his approach to serving and work productively with the other Commissioners.
@Jane: The Human Rights Commission is the only Commission that is empowered to investigate and mediate discrimination in Newton. In the age of President Trump, where evidence suggests that discrimination is dramatically increasing, I’m disheartened to hear that you don’t support sufficiently funding our tool to combat such instances of discrimination.
@Howard: How could I be more engaging with current HRC members? I understand that holding people accountable to doing their job sometimes comes off as demeaning and insulting, but that’s not my intent, and I apologize if it comes off that way. Believe it or not, but I personally appreciate anyone who plays a part in giving back to their community. I also welcome being corrected, but thus far, no one has discredited or even attempted to dispute any of my fact specific assertions. In writing “Years ago I served on the Human Rights Commission and saw first hand the very respectful way they handled very private and confidential matters.”, are you suggesting that Newton’s Human Rights Commission works in secret and doesn’t publicize its work? Are you putting on the record that you participated in investigations of local discrimination on behalf of Newton’s Human Rights Commission? I read through years of meeting minutes and couldn’t find a single piece of information that even suggests the HRC investigated any claims of discrimination. Am I wrong?
Furthermore, in part, the law in Newton that creates and empowers the HRC reads as follows: “(d) 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 in housing, employment, education, and public accommodations, services, and facilities to a person or group because of his/her race, color, religious creed, national origin, sex, age, handicap, ancestry or sexual orientation, gender identity or expression.” In other words, if the HRC in its judgment decided not to issue findings of such investigations, shouldn’t there be some public record of that discussion?
Tom, you use the term “in secret” which implies that information was deliberately withheld while I used “confidential” because in many instances cases were resolved through mediation or dismissed as unfounded. I don’t believe I t serves anyones purpose to disclose very personal information that many people wouldn’t share without the promise of confidentiality.
I truly hope that your approach to improve the accountability of the HRC and local government in general be less decisive and more focused on ensuring the rights of all citizens are protected.
@Howard: I am an attorney who understands confidentiality. I’m not asking you about specific cases or any identifying information that would expose the individuals involved. What I’m asking is whether, over the past 8 years, the Human Rights Commission has been conducting discrimination investigations in Newton, period. Based on Setti Warren’s own budget, we know that from 2015 to 2016, the Human Rights Commission spent 93% of its budget on food and awards. We don’t know where the other 7% (roughly $93.00) went. That I’m having to ask you to prove me wrong illustrates how broken the system is. If you want to see the standard that I believe Newton’s Human Rights Commission should live up to, check out Seattle’s at https://www.seattle.gov/humanrights.
Let’s evolve this conversation into a constructive one so that we can work together to create and implement meaningful solutions. I’m here to discuss and debate policy ideas, not personalities. You can disagree with me, but the evidence is clear – we need to do better.
I wish you well in your endeavor to serve on the HRC
@Howard: My endeavor isn’t to serve on the HRC, it’s to serve the best interests of Newton residents by ensuring that the HRC is using its platform and resources to fulfill its mandate, which is to investigate and eliminate discrimination in Newton. As part of the HRC I could make that happen and will make that happen if appointed. This is an important distinction which is clearly causing friction with some. I’m sorry that you’re unwilling to engage in a constructive dialectic about how we can do better, but I appreciate your support nonetheless.
For those reading, please note that the facts I’ve asserted remain unchallenged; all that’s been challenged is my personality. Given that there were 110 comments on the middle school level argument between Emily and Sean but only 10 thus far on the substantive issues I’ve raised here, I suppose I shouldn’t be surprised. Thankfully I don’t give up. I’ve never given up.
Tom, I am willing to discuss with you at anytime the things that can be done to eradicate discrimination in Newton. I have lived here almost 78 years and know first hand the discrimination that exist in our City. So please know that I love our City and for many years tried my best to make it the best it can be. We are on the same page and I would gladly share my expeirnces and thoughts on accomplishing the goals you have set forth. As much as you desire you can not do it alone.
@Howard: I’ve never questioned nor would I ever question your love for Newton. You’re deeply respected because of your commitment and effort, which is immediately apparent to anyone who pays attention. That’s why I don’t understand how you could disagree with me regarding the Human Rights Commission.
What am I missing? Where is the disconnect? Over the past few years, why has the HRC been allowed to deteriorate to its status quo? Why is no one who serves on the HRC willing to answer the question whether its conducted a single substantive discrimination investigation over the past few years? From your perspective, how can the HRC do better and what will it take to get the job done?
I have zero desire to go it alone as I’m trying to join a team that is empowered by law to make a meaningful difference. If we’re on the same page, help me get appointed so that we can prove effective leadership is the key to producing meaningful results.
Tom, I don’t disagree but I think it would be more productive if you talked to each of the current members to get their view on what has happened, what needs to happen and the best way to get it done. Our differences are with process not mission. I would love to meet and talk.
Who are the current members?
Bryan Barash-Jane Brown-Hattie Kerwin-Shelia Mondshein-Brook Foucault
Advisory
Lt. Bruce Apotheker- Virginia Plaine-Frank Wolpe
I guess what I’m confused about is the mission of the HRC, and whether there is overlap between that mission and city services, or non-profits who operate within the city who are better suited to assist. That isn’t to say that HRC couldn’t be useful, or shouldn’t be improved, if we are going to have one it should be effective. But for many of the issues mentioned above, I wouldn’t think that the first or best group with it would be a volunteer committee that rarely meets. Perhaps that’s a shame or a failure, but with the information I have, I just don’t know.
Tom, I admire your persistence and your love of Newton. Reading this blog since the beginning, you’ve offered up your assistence to Mayor Warren on various issues, offered advice on various housing issues, offered to join and improve the HRC, etc. If I may offer a suggestion with no ill will or negative implication intended: Perhaps the best way to help and bring your experiences to bear on the problems in Newton is not to advertise your desire so publically here, but to contact the mayor and various council members privately, discuss your ideas and how you could help, and then wait for a response. Being so public and critical here, no matter if right or wrong, would make it unlikely you would be picked for the very volunteer positions where you might do the most good. It is a fine line between public attention and public self promotion, and it sometimes feels like you are prepping us for a future run for office. I realize that is likely unfair and I think your issues are important ones. But sometimes the personal does get in the way of communication of the issue at hand, even if that isn’t fair to the messenger.
In the meantime, at the very least, I do think the HRC needs to fix those phone numbers/website links. Tom’s point on that is well-taken.
Tom – I have forwarded your posting to various city officials who can fix the problem you have raised. As many know, boards and commissions were left unfilled during the prior Mayor’s tenure. Mayor Fuller is now actively seeking applicants for the many important commissions and Boards so that they can get to work. I know that people are applying and being interviewed for various positions. We are still only 3 months into her term – give her a minute to get this important work done. I do know that the Human Rights Commission sponsored the two wonderful programs at the library this week and last – the Interfaith conversation last week of all the Abrahamic religions and this week – the wonderful one-woman play “Unveiled”. At a minimum I hope that the web site can be fixed quickly as the commissions get staffed up with volunteers from our community.
Susan – I really wish city councilors would begin to give the staff credit for the work they do. We have a number of very effective programs in place. While I appreciate the work of boards and commissions, they are populated by volunteers and it’s impossible to hold them to the same standard as the staff.
This is frankly unsettling to me as a resident and as a city employee. I don’t know who’s going to oversee the B/C’s and hold them accountable for working towards the same goals as the staff. Will the city council take on that responsibility? Let’s face it, most likely it will be an additional responsibility for the staff. Are people aware that staff attend these meetings and are expected to write up the minutes? Do you think this is a good use of staff time?
The mayor’s office reports that the form mentioned above has now been updated/corrected. They thank the numerous readers of Village14 that reported the problem to them.
@Howard: On March 18th, I reached out to Bryan P. Barash – a current HRC member and fellow attorney – to learn more about the commission. He never responded. I’m still waiting for him to share his perspective here as this is the type of thing, in my opinion, that ought to be discussed openly. Thanks for your willingness to meet with me. I’ll send you a message shortly to schedule a time to connect, which I’m looking forward to.
@Fig: Of course the HRC could be dramatically improved. I’m trying to spark a discussion here about constructive ways to do that. I’m prepared for a substantive discussion on these issues, but to have that dialectic, we need someone like Bryan P. Barash and Howard to engage in the conversation. And to reaffirm the record, I did reach out to Human Rights Commissioner Bryan P. Barash, who ignored me. In the past, I’ve reached out to City leadership about many important issues, and the vast majority of the time, I’ve been ignored. Ruthanne knows this because I’ve told her in person, in writing, and over the phone before she became Mayor. She was genuine in her understanding of the points that I raised. I can’t control whether Mayor Fuller appoints me to a position, but if she chooses not to because of my persistence and ability to produce change, that’s her decision to make. I’m certainly not going to change who I am to manipulate my way onto the HRC. My pledge is simple: If I am appointed to the HRC, I can guarantee that it will work to fulfill its mandate, which is to investigate and eliminate discrimination in Newton. I’m confident enough to put on record that in my first year as a Human Rights Commissioner, we will produce more results than the previous three years combined.
As for the advice you’ve given me, thanks, but I’m firm in my resolve that some things are so broken that they deserve strong criticism. On that very premise, every single day, don’t we all read countless attacks on the Trump administration? Why am I shunned by some here in Newton for my same willingness to hold those in positions of power accountable? Similarly, why is it that whenever I take action to hold those in positions of power accountable, some here in Newton reflexively spin my sincere efforts as “preparing us for a future run for office”?
@Susan: Thank you for your effort. Much appreciated. After many years, because of my bringing the issue forward, the forms have been fixed. What I still don’t understand is how an attorney who serves on the HRC – Bryan P. Barash – didn’t spot or fix these issues over the past few years. Please keep in mind, too, that I’ve only raised a few issue; there’s more to be discussed.
@Jane: I completely agree with you re: the challenges of holding volunteers accountable and the need for highlighting the efforts of all involved. As the elected SBA president of the largest student body organization in the United States, I ran into this very issue. It wasn’t easy, but I created and implemented innovative ways that allowed my administration to produce more results in one year than the previous three combined. I’ve shared some of my ideas with those in charge of choosing members to appoint to the HRC.
@Jerry: In my interview for a HRC position on Wednesday, we discussed this specific issue and I was told that the form would be updated. But I’m glad that the Mayor’s office is giving the credit for producing that change to V14 : )
@Tom Davis – Man oh man Tom. Thanks aren’t a zero sum game. The mayors office heard about the form from people who called them. They thanked them for calling. That’s just being polite.
Yes, those people definitely did call in response to your writing about it here. So yes, you are responsible for bringing this issue to the forefront. The same email said that they had also contacted you directly to let you know it had been fixed, so I assumed that your contribution was also acknowledged. If not, I do once again acknowledge your raising the issue and thank you.
It’s important. It seemed to have broken for a while. You discovered the problem. Raised it publicly and now it has been fixed thanks to your efforts.
@Jerry: When I use a smiley face here, I’m joking or being sarcastic. If you get to know me, you’ll quickly learn that I could care less about “getting credit” as I’m laser focused on producing results.
@Susan – a significant effort (with a great deal of success) was made during Mayor Warren’s tenure to fill roles on various boards and commissions. Hundreds of advertisements for a wide range of openings were posted in the weekly Tab column, and a part-time position was created to oversee the advertising and interviewing of candidates. I think it’s important to note that there are something like 85 boards and commissions, many of which have 10-15 seats on them, most if not all of which are unpaid, most of which meet at night, and most of which are very issue-specific. To put it mildly, finding people willing to serve on some of these boards is not easy! Mayor Fuller is indeed making a strong effort to bring people in and I applaud her for that, and I’m sure she will be successful. But to insinuate that Mayor Warren was not also “actively seeking applicants for the many important commissions and Boards so that they can get to work” is simply not accurate.
@Aaron: So by your own admission, Mayor Warren’s approach to filling important roles was to submit hundreds of advertisements to a single source that was unequivocally ineffective? As the years went by and it was clear that his approach was not working, what did he do to improve it? Furthermore, your argument that there are lots of boards and therefore they can’t be filled is unpersuasive. During law school, of a population of roughly 1,500 students, I personally interviewed more than 100 for appointed positions. Newton has a population of nearly 90,000 residents. You’re a gifted communications director, but based on my own experiences recruiting diverse people to join teams, I don’t buy your argument.
Warren managed to find enough people to fill his anti-cannabis committee. The one he cobbled together to block the new cannabis law.
“Hundreds of advertisements for a wide range of openings were posted in the weekly Tab column, and a part-time position was created to oversee the advertising and interviewing of candidates.”
Clearly this was insufficient.
Wow. Just reading and scratching my head trying to decipher between the real issues and the grandstanding here.
Clearly there have been some process problems (great that the voice mail/website issues have been cleared up) but Tom you started to lose me when you tried to draw comparison between Newton’s HRC spending and HRC budgets for Boston and Seattle. And then, frankly, you lost me the the rest of the way when it became apparent that your outreach to the individual commissioners began and ended with one volunteer commissioner.
My default position on a matter as complex and sensitive as discrimination, human rights, etc , is to begin by listening to those folks who dedicated their life to championing and comprehending those very issues.
Howard Haywood is one of those champions, especially here in Newton. Tom, if Rev. Haywood is suggesting you don’t fully understand the complexity of the commission’s work, its track record, or its accomplishments and that your grenade tossing is antithetical to likely success, that should be your cue to stop talking and start listening.
Go meet with the guy. Reach out to all the commissioners and then get back to us.
Tom – I disagree that the approach was ineffective or that it didn’t work. Virtually every time an opening was listed in the Tab it generated calls to our office from people seeking to apply, many of whom were ultimately appointed. I also never said that the seats “can’t be filled.” My exact words were “To put it mildly, finding people willing to serve on some of these boards is not easy!”
@Greg: Howard is on record as not disagreeing with me regarding the Human Rights Commission. He and I are meeting soon, and I’m looking forward to learning more from him. Further, your assertion that I haven’t begun by “listening to those folks who dedicated their life to championing and comprehending those very issues” is misguided. Actionable discrimination can encompass a broad set of actions. Generally speaking, under Massachusetts law, one can’t discriminate on the basis of race, color, religious creed, national origin, ancestry, sex, gender identity, age, criminal record, handicap/disability, mental illness, retaliation, sexual harassment, sexual orientation, genetics, and active military status.
In one form or another, my entire adult life thus far has been dedicated to combating discrimination and promoting human rights. In college, I worked to create a life-skills program for juveniles in Richmond who were trapped within the criminal justice system. Most often, these kids ended up in the system because from a young age, they weren’t offered enough opportunity to make the most of their lives. As a law student, I volunteered with Suffolk Law’s Battered Women’s Advocacy Clinic, where I helped represent women who were beaten by weak, pathetic men. As an attorney, I’ve created my own law practice, the emphasis of which is fighting to protect individual legal and human rights. And as a volunteer with one of Boston’s premier organization that supports disabled individuals, I give back by serving on a Human Rights Committee that promotes, safeguards and protects the human dignity and legal rights of disabled individuals who receive support from the program. I’ve done much, much more to advocate for those in need. But this shouldn’t be about me, it should be about engaging in a constructive dialectic about how we can do better. Rather than participate with feeble attempts to discredit me, how about you let us know specifically how the Newton-Needham Regional Chamber could give back to Human Rights initiatives in Newton?
Tom, just reading through your comments on this thread I find your manner off putting – too many “I’s” and not enough “we’s” – too many criticisms and not positive ideas. I realize you are passionate about these issues, as am I, but approaching this administration and this commission with such a negative and only you can fix it attitude doesn’t tell me that you would be a valuable member of a team. Little too much alpha – not enough beta.
Hey all. Just weighing in here for the first time. The Human Rights Commission is a volunteer board that has been very effective in my time serving on it in producing content and programming that raises awareness of and commitment to human rights – including establishing Newton’s pride day, annual HRC award, annual genocide / Holocaust exhibits in our schools, and many events centered around diversity and inclusiveness. In the past week alone, the HRC has co-sponsored an Interfaith Panel Discussion on the 3 Abrahamic faiths as well as Unveiled, by award-winning playwright Rohina Malik which will “uncover what lies beneath the veil in this critically acclaimed one woman show about five Muslim women in a post-9/11 world.”
Additionally, the chair, Hattie Kerwin Derrick, has been tireless under both Mayor Warren and now Mayor Fuller in participating in and advising on issues that effect human rights in the city. Hattie is a hard working volunteer who deserves all of our admiration and support.
Over the years I’ve been on the commission, I’ve seen a variety of new faces get involved with new ideas that have been embraced. If anyone does have any ideas they think could better highlight human rights in the city of Newton, feel free to reach out to the Commission or just shoot me an email, or to join us at our upcoming meeting on Tuesday April 3rd at 7pm. The room for the next meeting is TBD because the group’s getting so big that we’re outgrowing our former meeting space at City Hall.
@Tom – I’ve got a busy job and haven’t had a chance to craft an in depth response here on V14 this week – as some of you may have heard, the MA Senate passed landmark civics legislation that I was the staff lead for. I take you at your word that you’ve tried to reach out to me directly but I have no record of that. Tom, if you sent me an email, make sure the address was right ([email protected]) and resend.
Congratulations Bryan.
also, what Marti said.
Tom:
I’ve generally found that advocates for the disadvantaged get more done if they build bridges and make alliances to move forward together. I tend towards that conciliatory approach in my own life. I’m the first to admit it doesn’t always work, and that sometimes the system needs to be shaken up. At this point in my life, I think that typically isn’t my style. I’d rather work with a team for instance than work alone; I’d rather offer to help instead of criticize. I wasn’t that way as much 20 years ago.
This really isn’t meant to start an argument, but I’d encourage you to reread the posts above out loud. Read them to a friend you trust and who will be honest with you. Your cause is just but your delivery is as much about you as it is about helping others. You state repeatedly that you are an attorney, but I’m not sure how that is relevant, nor is Bryan’s status as the same something folks care about. Also, just stating at the end of a long list of your accomplishments that it isn’t about you is what I believe the young people call a “humblebrag”. Most importantly, your argument is diminished if it looks like you are grandstanding.
Look, I read some of my posts here from years ago and I cringe. And I read the critical posts from folks who disagreed with me, and I cringe again. Even if I still feel I was right in my argument, my delivery could be snarky or rude or flippant at times. At times everyone lets debates get the best of them, especially if it is something they care about. I know I do. And I certainly talk and post too much. But I try and be better about listening and finding common ground. I wish you would too.
I have a feeling that in 10 years ago you will look back on these types of conversations in your life and wish you could do them over. One of my mentors said to me years ago that “you can be the smartest and best person in a room, but if you can’t figure out how to make people listen to you and listen in return, you are really just talking to yourself.”
Best of luck with your HRC appointment and in finding a balance between passion and advocacy.
@Bryan: I both appreciate you taking the time to respond and agree with you that the HRC has put on some fantastic events. We’re also in complete agreement that there are some really good people involved. But the thrust of the HRC is to proactively investigate and mediate discrimination claims in Newton. At least based on budgets put forward by Mayor Setti Warren, over the past few years, we know that the HRC has spent roughly 93% of its funding on food and awards. In brevity, why is the HRC not doing more to investigate and mediate discrimination claims in Newton? If it’s a resource issue, let’s talk about innovate solutions. If it’s an outreach issue, how can we better embed the HRC within the community so that residents are aware not only of their rights, but the tools they have to enforce them?
The Human Rights Commission was created to ensure equal opportunity and eliminate discrimination in Newton. To achieve that goal, it was given strong investigative and subpoena powers. To combat unlawful discrimination and thus increase equality in Newton, using these powers is necessary. The function of the Human Rights Commission is to take deliberative action to protect Newton residents in the enjoyment of their legal and human rights. If you disagree with me, please read the ordinance that creates and empowers the Human Rights Commission, which may be found at http://www.newtonma.gov/civicax/filebank/documents/64608.
Notwithstanding this vital role, the Human Rights Commission’s record over past years is not good. From 2015-2016, it spent 93% of its budget on food and awards. The last time it had enough Commissioners serving on it was 2015. The last time it met enough times was 2010. Moreover, there is zero record on its website of it conducting any investigation, promulgating any policy, or delivering any report to the Mayor and City Council. There is also no mention of any such action in its respective meeting minutes. For years, it allowed outdated forms to be used as official discrimination complaint forms.
In no way do these defects reflect the character of the individuals involved with the Human Rights Commission. In no way do these defects mean that those involved don’t mean well. But what it does mean is that if we are serious about working to protect residents legal and human rights, we can and need to do better. Much better.
In effect, Aaron Goldman claims that Former Mayor Setti Warren was effective in appointing residents to the Human Rights Commission. I like Aaron. I see him from time to time at the gym and he’s a nice guy. But on this point, he’s wrong. The Mayor of Newton is mandated to appoint 29 individuals to the Human Rights Commission (9 Commissioners and an Advisory Council of 20). The record speaks for itself. Mayor Setti Warren did not appoint enough people to the Human Rights Commission, and most of the time he didn’t even come close. I understand and agree that staffing these types of things isn’t easy, but in a city of nearly 90,000 residents, that’s no excuse.
Similarly, in effect, Bryan P. Barash argues that the Human Rights Commission is doing a good job because they try hard and participate in a handful of events. I agree 100% with Bryan that the Human Rights Commission has put on some fantastic events. I agree 100% with him that it has had some outstanding people involved. But that does not mean that the Human Rights Commission is doing all the work that it was designed to do. In Bryan’s response to me, he argues that the Human Rights Commission has been very effective in his time on it. Bryan, how do you measure effectiveness? From 2014 to 2016, hate crimes increased by more than 400%. From 2015 to 2016, opioid related deaths increased by 142%. Over the past five or so years, school children living below the poverty line increased by more than 77%. According to the last housing discrimination audit publicized by the City, within private, non-subsidized rental housing, evidence of discrimination was found 67% of the time. As a Human Rights Commissioner, you are obligated to support your assertions with evidence. That is why you are obligated to “render to the mayor and board of aldermen a full written report of its activities and of its recommendations, not less than once a year.” Human Rights encompass an extremely broad set of rights. Given the evidence that I’ve laid out, Bryan, why is it that you believe that the Human Rights Commission has been effective?
We all know minorities who have moved out of Newton because of racism. We all know residents who have died from drugs or alcohol because they could not get the help they needed. We all know METCO students who feel unwelcomed and uncomfortable in Newton because of intolerance. We all know prospective residents who were denied housing in Newton for unlawful reasons. We all know employees in Newton who have been discriminated against in their employment. We all know of moms in Newton who have been subjected to systemic domestic violence. We all know children in our own community who are going to bed hungry, especially during the summer months. We all know someone who has had their legal and human rights violated in an egregious way.
Clearly there are some who will disagree with me – most of them part of the status quo – but I believe that the Human Rights Commission needs to be reformed. I believe that we need new leadership to ensure that it is using its platform and resources to carry out its mandate. Moving forward, I’ll be meeting with community stakeholders to gather substantive information about how we can better do that. Especially in the Trump era, where the evidence is clear that individuals legal and human rights are being violated at an increasingly high rate, it is imperative that we are maximizing the tools we have at our disposal to ensure fundamental equality at the local level.
Tom, you continue to put a large dark cloud of criticism over the important issues you profess to know how to handle – yet we never read how you might help the commission address the problems you cite, other than by being first a member and then it’s chair.
With your “we all know” covering most every type of discrimination you say is happening in Newton, you are moving into shaming residents for not doing what they can about these types of discrimination we all know about. I have no doubt some of those problems are in Newton but do doubt your diatribe will have any positive effect on anyone who might have considered volunteering for or your being asked to join the commission.
There are much more civil ways of holding this Commission accountable – they don’t include continuing to publicly lambast Bryan. He gave you his email address; I suggest you use it and recommend you take a breath before you do. My mom always said “you attract more bees with honey than with vinegar.” You could also reach out again to the other members. I suggest you end your public soapbox – you’ve begun repeating yourself.
I think you said you interviewed for the HRC. What was the conclusion?
Tom, I love your passion. Here’s a serious question(or 3): How do you equate the very real issue of the Opioid epidemic with Human Rights Commission?? If there is a real connection, wouldn’t it be best to partner up with the NWH to combat the issue?? Are we already partnering up with the NWH on this issue??
@Marti: I’ve previously said: “If appointed by Mayor Fuller, in my first of three years as a Human Rights Commissioner, in addition to everything that the Commission traditionally does, I’ll work hard to:
• Encourage the City Council to decree Newton a “Human Rights City,” which would demonstrate a firm commitment to the protection and promotion of human rights;
• Create yearly, detailed oriented “Work Plans,” which will specifically enumerate the goals of the Commission, steps it need take to achieve them, and accountability standards throughout;
• Host a regional “Human Rights Summit,” where the best and brightest minds on human rights issues will come together to share action-oriented ideas about how Newton can do better;
• Create and implement a “Know Your Rights Campaign” to ensure that current and prospective residents 1) clearly understand their rights and 2) clearly understand how to file discrimination claims;
• Aggressively investigate claims of discrimination;
• Launch a Summer Food Service Program or similar initiative for the hundreds of Newton school children who don’t have access to food security during the summer months;
• Evolve the Mayor’s Summer Internship Program into a paid summer jobs program for Newton’s most vulnerable children, which would legitimately help tackle economic inequality; and
• Ensure that the Commission is comprised of a broad and diverse set of residents that legitimately reflect Newton’s composition.”
As for the interview, it went really well. Both Linda Walsh and Amalia Timbers were highly impressed by my ideas, energy and drive to produce change.
I think the original post raised some important issues that are worth discussing and may have got a bit lost along the way.
According to Tom Davis’s information it sounds like the commission was initially chartered (at least in part) as an enforcement body to investigate, resolve and report on discrimination claims within the city. Unlike the majority (all?) the other boards in the city, this one has subpoena powers.
From what I can gather in recent years, from Tom’s comments,the majority of the HRC’a activities have focused more on cultural/educational activities involving human rights and perhaps less on anti-discrimination enforcement/investigation/reporting. While those are also worthwhile activities for the HRC to be engaged in, should the HRC be taking a more active role in discrimination investigations.
Secondarily, there was the issue of the form’s phone numbers and web sites. That’s the easy one. It’s already been corrected. The fact that those dead numbers/sites existed on the form may have also been a symptom of the larger issue he’s raised – i.e. is anti-discrimination enforcement a lower priority for the HRC than it was when it was founded?
I think these is a worthwhile topic for discussion and I would love to hear an HRC perspective on the larger issue.
@What Jerry said. It’s clear that everyone here has been dealing in good faith. I see a hopeful synthesis emerging on this issue which doesn’t always happen with the subjects we debate.
@Tom: Finally questions of substance. Thank you!
Undoubtedly, the opioid epidemic fall under the umbrella of human rights. At the international level, there is a human rights treaty known as the Convention on the Rights of Persons with Disabilities (“CRPD”), which was designed to protect the rights and dignity of disabled individuals. It was crafted by the world’s foremost experts on human rights and disability law. Although the U.S. Senate fell a few votes short of ratifying it, President Obama signed it, which illustrates its significance. Drug addiction is a recognized disability.
In pertinent part, the CRPD’s preamble:
Recogniz[es] the importance of accessibility to the physical, social, economic and cultural environment, to health and education and to information and communication, in enabling persons with disabilities to fully enjoy all human rights and fundamental freedoms;
Recogniz[es] that discrimination against any person on the basis of disability is a violation of the inherent dignity and worth of the human person; and
Recogniz[es] the need to promote and protect the human rights of all persons with disabilities, including those who require more intensive support.
Furthermore, the CRPD defines discrimination on the basis of disability “as any distinction, exclusion or restriction on the basis of disability which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise, on an equal basis with others, of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field. It includes all forms of discrimination, including denial of reasonable accommodation.”
In Newton, the Human Rights Commission is our authority on human rights. Thus, the work of the Human Rights Commission ought to be intrinsically connected – in some capacity – to tackling the root causes of the opioid epidemic in Newton as drug addiction is a disability.
I’m not asking this question in a confrontational manner. I’m asking it because I’m concerned. What work has the Human Rights Commission done to promote accessibility or break down barriers to obtaining services that could help solve the opioid epidemic in Newton? Moreover, human rights law mandates that those most in need of services participate in the decision-making process. On the Human Rights Committee that I’m currently part of, we have multiple disabled individuals serving, and let me tell you, their contributions are invaluable. Does the composition of our Human Rights Commission reflect our commitment to living up to established human rights standards?
In regard to NWH, our partnership and its purported benefits are unclear. For example, what resources are being offered to those in need? What barriers are are prohibiting those in need from obtaining said resources in a meaningful way? It is my understanding that there are significant barriers to accessing needed treatment, such as lack of insurance coverage, which is the fault of no one individual as this is a really tough area to navigate. But to me, the question stands: what is the Human Rights Commission doing, from a human rights perspective, to ensure that we’re living up to our end of the bargain?
I’ll finally add that the CRPD preamble realizes that the individual, having duties to other individuals and to the community to which he or she belongs, is under a responsibility to strive for the promotion and observance of the rights recognized in the International Bill of Human Rights. I want to highlight this as I’ve been aggressively attacked for doing just that. I hope those who disagree with me understand that all I’m doing is taking this responsibility seriously.
@Jerry: Thank you for helping bring that conversation back to its intended purpose. I’m looking forward to hearing from past or current HRC members.
@Bob: I hope you’re right.
Tom D, now that we are having a conversation I’m hoping this thread may turn itself around.
Human Rights issues are of particular interest to me too. Someone said that the numbers and the website are now working but that doesn’t repair a broken system nor do the great programs the commission has sponsored.
Does anyone who might face discrimination in Newton in any way know about the help offered by the HRC? Do even most residents know what to recommend to them?
Along with focusing on that part of its mandate, it seems publicity and an education program are necessary. It was definitely disconcerting to learn these things were not working and that individuals who may have faced discrimination were not being served but now we need to start moving forward with repairing the system.
First residents need to know what to do and the HRC needs to fine tune the process to be followed if someone reaches out.
@Marti: Agreed. To achieve what you’ve laid out, I’ve proposed creating and implementing a comprehensive “Know Your Rights” campaign. To maximize our outreach, we’d need to bring on community stakeholders from a broad variety of groups.
Per Sec. 12-54 of the HRC ordinance, the Mayor is required to appoint an advisory council to the commission consisting of twenty (20) members, six (6) of whom shall be representative of: (1) Law enforcement; (2) School department; (3) Clergy; (4) Fair housing or other appropriate civil rights organization; (5) Labor union; and (6) Real estate. Sufficiently appointing this council is necessary to accomplishing the goals you’ve laid out as the entire point of having community experts from different groups is to communicate perceived problems and help create workable solutions to them.
Aaron Goldman said that he believes Mayor Setti Warren’s approach to appointing the Human Rights Commission and its advisory council was effective. But if you look at the record, appointments to the two don’t even come close to meeting their requirements. Given that having a robust HRC is necessary to carrying out its mandate, I’d like to learn more from current or past HRC members about how we can improve both our outreach and intake process.