My Comments from the Yes Mic, in Support of Article 34

As a granddaughter of immigrants from Armenia, Ireland, and Italy, I stand here tonight in solidarity with our immigrant communities, recognizing we, too, are made up of many different countries of origin.

Our country (and our Commonwealth) is made stronger by the contributions of our immigrant residents and we must pass responsible reforms to protect these gains.

Homeland Security's field office for Boston's Immigration and Customs Enforcement Agency (ICE), is right next door in Burlington. I was there in February to protest the Trump administration's immigration detention and deportation agenda, because it aggressively targets people and families, separating them regardless of how long they've lived in the country.

Under the current Republican administration, ICE is aggressively targeting not only violent criminals, but also low-level offenders and those with outstanding deportation orders, regardless of how long they've lived here, which, by the way, are civil infractions, not criminal ones.

We need immigration reform in this country. We need policy that puts people and families first. We must protect the civil rights of all Massachusetts residents. That's why I support the Safe Communities Act and Article 34.

This Resolution would make Lexington a welcoming, inclusive, and safe community for all people, regardless of their immigration status.

Police Chief Corr raised particular concerns and Lexington People Power [who sponsored the Article] has adequately responded to them -- and that's important -- because Article 34 concerns the rights and relationships between the Lexington Police Department and undocumented people living, working, and traveling here.

This Resolution is built around key provisions of the Safe Communities Act to protect civil liberties of the undocumented in Lexington. It protects due process and will not keep police from investigating crimes or prosecuting anyone who commits a crime, nor will it stop police from collaborating with federal agencies, including ICE, as part of any criminal investigation.

Without trust and good communication, undocumented people won't feel safe to report crime or contact the police, for fear of being arrested or detained. We need trust between residents and our police department staff for improved public safety for all in our community.

Until the State Legislature acts on the Safe Communities Act, cities and towns across the Commonwealth have taken local action reflecting many of the Safe Communities Act's provisions. Let's join them and enthusiastically adopt this Article.

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

Resolution Opposes Arming Educators

Unanimously APPROVED at the regular meeting of the Board of Elementary and Secondary Education, March 27, 2018

WHEREAS the Massachusetts Board of Elementary and Secondary Education was deeply troubled by the February 14, 2018 shooting at the Marjory Stoneman Douglas High School in Parkland, Florida, that killed 14 students and three adults, and equally troubled by previous school shootings, including the 1999 shooting at Columbine High School in Colorado that killed 12 students and one adult, and the 2012 shooting at Sandy Hook Elementary School in Connecticut that killed 20 students and six adults; and

WHEREAS there is no evidence-based research showing that arming teachers would reduce casualties in mass shootings; and

WHEREAS allowing guns in schools by other than law enforcement personnel would increase the risk of accidental shootings of students and other bystanders; and

WHEREAS teachers are first and foremost educators and therefore should be employed solely on the basis of their educational skills and credentials, not their skills as a security officer;

THEREFORE BE IT RESOLVED that the Massachusetts Board of Elementary and Secondary Education believes arming educators will make schools less safe, and the Board opposes any move to do so.

Town Meeting Tonight: Article 34 - Assault Weapons and Guns

Meeting in Margery Milne Battin Hall, Isaac Cary Memorial Building, 1605 Massachusetts Avenue, Lexington MA

This is the sixth meeting of the 2016 Annual Town Meeting

Article 34: Assault Weapons & Guns

Resolution is offered by Town Meeting Member (TMM) Robert Rothberg:

RESOLVED that Town Meeting requests the Board of Selectmen to inform the Great and General Court of its concern that existing Massachusetts laws regarding assault weapons (M.G.L. c. 140, § 131M) may not sufficiently protect citizens of the Commonwealth, and Lexington. Town Meeting asks the Selectmen to initiate a town-wide discussion about assault weapons and gun violence that would lead to fully considered proposals (to be conveyed to the Great and General Court) for a strengthening of those laws.

Town Moderator (TMod) calls 6th session to order, introduces herself, and welcomes the many visitors in the balcony tonight - the hall seats 800+ and is quite full

Tonight's vote will be on a non-binding resolution

Electronic attendance indicates a quorum: 153 TMMs present out of 198 total members

Mr. Robert Rothberg moves the motion that would:

• have the Board of Selectmen appoint a committee to study assault weapons and guns and report back to the Town Meeting at next year's Annual Town Meeting (ATM)
• Massachusetts has strong laws, but not the strongest
• The Commonwealth's laws difficult to enforce
• AG Healy: gun violence is a public health issue; suicide is 5x greater when gun in the home

Mr Rothberg concludes, asks TM for support

Board of Selectmen has not taken a formal vote, though two are opposed, two are supportive, and one is undecided until hearing floor debate on the issue

Town Mod opens the floor for debate at Yes, No, Question, and Citizen microphones

TMM at YES: Some say TM should limit their deliberations to financial, zoning, and leave issues outside of Town borders alone. This is our concern. All statutes and regulations should be subject to our review.

TMM at NO: I do not own a gun. 23 months in Viet Nam taught me about guns. Had to walk through a metal detector to a public meeting. I'm able to shop, go to restaurants, and to usually go to meetings without a metal detector.

6 people standing behind YES mic

Public/Citizen's mic: I'm a resident and, apparently, a minority on this issue. Disagreed with the initial MOTION and disagree with the present RESOLUTION. Thinks "...a town-wide discussion... 'may' lead to proposals...for a strengthening of those laws."

TMM Q: I'm not a gun proponent, don't own a gun. Reading that assault rifles fire 600-900 bullets a minute. Under MA law can't have more than 10 bullets in a magazine - please explain

Mr. Rothberg asks Town Moderator to acknowledge Mr. Barry; she does

A: I'm not an expert in these weapons, I only license these for the Town

TMM: Am I understanding correctly that one pull of the trigger will fire more than one bullet?

A: Not sure

TMM/Selectman at YES: The resolution is inconvenient and comes at a time when the Town is grappling with many issues. The many letters, emails, phone calls has received speaks to the need for a discussion.

Citizen mic: Resident, former TMM. Doesn't think a Town-wide discussion is warranted.

TMM Q: Whether this MOTION passes or not, will the League of Women Voters of Lexington address this in a Community Conversation

A from LWVL: Yes and what a community can usefully do

TMM: WOuld this be agreeable to you

A from Mr.R: Yes

TMM: Yes, No, and Abstain are blunt tools. I hope people will take part in discussion, in light of current conversations. I will vote NO

TMM at YES: Recognize the seriousness of the issue and talk about it. Understand that many of those here were very unhappy with the RESOLUTION and want to start over. Let us say, "Less gun violence and more conversation." The Point is we need to do more.

Citizen: Want to know why TMMs would object. I look to this august body to look at the differences and move forward. Sense of safety and security for our children, and for respect for what happened on the [Battle] Green to ensure our security.

TMM Q: Introductory Q - do we have fewer TMMs tonight?

TMod: NO

TMM Main Q is - can we take a secret ballot?

TMod: NO - TMMs were elected through a public process and those votes are part of the public record.

TMM at YES: I applaud the impulsiveness of the maker of this MOTION

TMM at NO: Massachusetts has the most comprehensive gun control laws. Not arguing with statistics and facts - they're horrible. I'd like to see our community to come together with LWVL to discuss all issues; we don't need a resolution

Sargeant from Hanscom AFB: [in answer to previous Q about whether or not one pull of the trigger can shoot more than one bullet] No a semi-automatic weapon cannot fire more than one bullet. I have spent last 9 years of my life in the Army. April 19, 1775 - men laid down their lives. We don't have a gun problem we have a heart problem. We need to address mental health, not guns.

Citizen: Resident. We are not criminals and not a danger to the community. Guns don't kill people, people kill people.

TMM Q: Did Mr. R intend for the Town-wide convo to be limited to guns?

A: I was hoping to keep my MOTION within the scope of Article 34; would welcome other issues to be addressed.

TMM at YES: I studied this quite a lot. Looked at the Constitution for guidance. I think the framers had Muskets in mind, not semiautomatic weapons in mind.

Citizen: My first time to TM since moving here in 1986. Heartily hope we will pass this resolution. Reasonable regulations of guns is constitutional.

TMM Q: Scope on assault weapons in handout?

A: All of them

Q: Selectmen or LWVL?

A: Selectmen haven't taken this up

TMM at YES: Nitpicking on "should" to "could".

Citizen: Resident. First time to Town Meeting. This is literally "cart before the horse". Unfair to gun owners.

TMM Q: I don't own a gun. Has Mr. R given thought to the message we are sending to neighboring towns?

A: Lexington is the center of the universe. Towns will do what we do if we do it well. [Town of] Lincoln has already had the discussion at their TM and has passed.

TMM Q: What about violence that emanates from neighboring towns?

A: We can have a convo about what goes into decisions in Lexington

TMM at YES: I'm glad we are discussing this. This is a function of Town Meeting.

TMM Q: For Police Chief - laws that ban, how many weapons have the Lexington Police confiscated?

A: Zero

TMM: Follow up - how many gun-related killings do we know of from some reasonable period in the past?

A: Killings by another individuals - zero; suicides

TMM: how many recently?

A: last 5 years - best estimate=3

TMM: I plan to vote NO

Citizen: Laws enacted in 1994 did not address assault weapons. MA is one of 7 states that banned assault weapons. It is far more important to ensure all provisions of MA law are funded and supported.

TMM at NO: Initially wanted to offer an amendment but withdrew because this MOTION is solely focused on assault weapons.

TMM Q: Is this a correct reference to MGL?

A from Town Counsel: There are a number of sections that reference. I don't have it in front of me

TMM: I don't see how we can vote on this.

A from TMod: since this is non-binding vote, the exact reference is of little consequence, so long as it is in there somewhere

>Citizen: Please vote NO.

>TMM Q: Does the Chief of Police have an opinion? Has the LPD taken a position?

A from Chief: My personal opinions are for myself not my position. I addressed my opinion at public meeting of Selectmen; suggested changing from Bylaw to RESOLUTION

TMM at YES: Is a physician. Sees lots of injuries. Has to report patterns in types of injuries. Address mental health, yes, but if we are to have a discussion about this, let it begin here.

TMM at NO: Need broader discussion.

TMM at YES: thanks TMMs for their service. Applauds Mr. R for bringing this RESOLUTION forward. Come with open minds.

TMM Q: If this were to pass tonight, what would the process be?

A Selectmen Chair: hasn't discussed. Expectation is that we would find a way to discuss as requested

TMM Follow up: Can we hear thoughts from other Selectmen?

TMM/Selectman: I voted NO. My feeling is that discussion through LWVL. RESOLUTION is on ground I'm not comfortable with.

Another Selectman: I also voted NO. Feel there are flaws. The convo tonight is robust but doesn't hear from all our neighbors and it needs to.

Another Selectmen who wanted to wait to hear TMM discussion tonight: I have talked with Mr.Rothberg. I am very much in favor of having a Town-wide discussion about this whole issue. Does not feel it is up to the Selectmen to set up a committee, subject to postings, what-not. Leaning toward YES.

Citizen: From Lowell. Thank you for letting me speak to your TM. Even as a young student in Lowell I always appreciated our regions's role in American History. We are facing the same over-reach in Lowell. Please vote NO.

TMM at YES: Whatever the outcome

TMM MOVES the QUESTION
Two TMMs at NO
Three TMMs at YES
10 Citizens

MOTION to close debate
APPROVED
YES=84
NO=80
Abstain=8

VOTE on MOTION on non-binding RESOLUTION
YES=105
NO=62
Abstain=5
APPROVED

TM adjourns 9:34 (unofficial)

"Some Relevant Numbers and Facts" - distributed to TMMs by Mr. Robert Rothberg:

• From 2005 to 2014, 310,000 Americans lost their lives in or near their homes from gun violence. During the same period 229 Americans were killed by terrorists
• Since Sandy Hook in 2012, more than 106,000 Americans have lost their lives from gun violence
• In 2015, there were 13,000 gun killings
• In 2015, there were 330 mass shootings

• This year, already, there have been nearly 3,000 gun killings
• So far in 2016, there have been nearly 56 mass shootings, involving 4 or more people
• Each day 88 Americans are killed by guns
• 1 in every 3 people in the US knows someone who has been shot

• Nearly 2,000 children are killed each year by guns in the US, and 9,000 children injured
• 7 children and teens are killed every day of every year by guns
• More than 342,000 Massachusetts residents own one or more firearms
• The US ranks number 1 in the world in gun ownership, followed by the Yemen
• The US homicide rate from firearms is 20 times higher than the combined rates of twenty-two countries with similar wealth and population
• There are 270 million guns in the US, the equivalent of 88.9 guns per 100 Americans

• Assault rifles are the weapon of choice for mass shooters because of their high, rapid rate of fire
• An assault weapon is a semiautomatic rifle with a detachable magazine and a pistol grip, a folding stock, a grenade launcher, a flash suppressor, and/or a bayonet lug
• Assault rifles fire 600-900 bullets a minute
• When the Federal government had a law (1994-2004) against assault weapons, it managed to remove military-style weapons from the nation's streets. After the ban expired, mass violence escalated

• A Justice Department study of the Federal assault weapons ban found that it was responsible for a 6.7% decrease in total gun murders, holding all others factors equal.
• The same study also found that "Assault weapons are disproportionately involved in murders with multiple victims, multiple woulds per victim, and police officers as victims."
• The use of assault weapons in crime declined by more than two-thirds about nine years after the US 1994 Assault Weapons Ban took effect.
• When Connecticut toughened its laws recently, assault killings went down. When Missouri axed its similar laws, killings went up.