Wednesday, April 4, 2018

Article 34 – Safe Communities Resolution

7:30 PM
Town Moderator has Called the Meeting to Order.
The Meeting is now open on Article 34.
Chair of the Board of Selectman (BOS), Suzie Barry, recuses herself
Bonnie Brodner, TMM/P3 asks to recognize Todd Burger, Co-Chair , Lexington People Power

ARTICLE 34 – TO MAKE LEXINGTON A WELCOMING, INCLUSIVE, AND SAFE COMMUNITY A proposed resolution to make Lexington a "Welcoming, Inclusive,, and Safe Community" (Inserted by Todd Burger and 9 or more registered voters) 

MOTION: Resolved, that the Town is committed to making Lexington a truly “Welcoming, Inclusive and Safe Community”. To this end, be it further resolved that the Town of Lexington hereby announces its support for the Safe Communities Act (SCA, S.1305 & H.3269), currently before our
legislature. In support of this resolution Town Meeting requests that the Town take the following actions as soon as practical:
  1. Update the Police Policy and Procedures Manual so that it is fully compliant and fully aligned with the SCA.
  2. Train all police department employees, with respect to these changes in the Police Policy and Procedures Manual.
  3. Inform the community through public communications, municipal signage and other means deemed appropriate, that the town is a Welcoming, Inclusive and Safe Community.
  4. Provide quarterly reports by the Lexington Police Department to the Board of Selectmen on all contacts in aggregate, and the nature of those contacts, with ICE or other federal immigration authorities. If the Safe Communities Act or a similar Act is passed that requires similar public reporting to the state, this requirement to report locally will be considered unnecessary.
  5. Report any subsequent changes to the Police Policy and Procedures Manual related to this resolution in a Public Hearing.
  6. Refer to, and consider including to the extent consistent with applicable laws, all of the elements of the Safe Communities Act (S.1305) as submitted to the Massachusetts Legislature on January 20, 2017, and which apply to municipalities, when updating the Police Policy and Procedures Manual.
The intent of this article is to make Lexington a more welcoming, inclusive, and safe community for immigrants, regardless of immigration status. The article seeks to establish safeguards that adhere to the principles set forth in the Safe Communities Act (SCA), Senate Bill 1305, now before our state legislature. The SCA’s co-sponsors include State Representative Jay Kaufman, State Senator Mike Barrett and State Senator Cindy Friedman. Our proposed Lexington warrant article would give immigrants living, working or traveling through Lexington the confidence that they could approach police or other town officials for help of any manner, without threat of their immigration status being used against them in any way. Because that is not currently the case, the entire community is at risk, when a segment of the population is afraid to reach out for help.

RECOMMENDATIONS 
BOS: 4-0 (Chair Barry, recused)

Citizen Mic: Minuteman Indivisible supports
YES MIC: TMM/P1
Citizen Mic: Supports

Question Mic: TMM/P3 to Chief of Police
A: Can support as written

Question Mic: TMM/P4 to BOS How to move forward with a public process if Legislature acts with a watered down version? Will the BOS support the stronger provisions in 1305?
A: Can't answer, we haven't deliberated on this.
Q: The resolution asks the procedures be aligned with S.1305
A: Can't provide an answer
Q: What process for proponents, the public, going forward, to align?
A: Chief Corr -- the voice of this body is enough to communicate to the LPD

YES MIC: TMM/P3
Citizen Mic: Supports
YES MIC: TMM/P2

NO MIC: TMM/P5
YES MIC: TMM/P8
Citizen's MIC: Opposed
YES MIC: TMM/P8

Question Mic: TMM/P8  Since this is a Resolution, what's the mechanism for asking LPD to do this?
A: Town Moderator: TMM is requesting BOS to do this.

TMM calls the Question
Voice Vote: Ayes have it

Final comments from the Article's proponent.

VOTE OF TOWN MEETING (simple majority)
YES: 155
NO: 5
ABSTAIN: 2
THE MOTION IS ADOPTED