By Joe Creason

The City Council’s Legislative Matters Committee held a meeting on July 6 in order to discuss several matters on the business on the city agenda.

The Council voted to renew authorization under Massachusetts General Law which allows Somerville Fire Department to provide mutual aid to any city, town, fire district or area under federal jurisdiction.

The Council also amended the Veterans Commission Ordinance, which will now permit the Hero Square dedications for both living and deceased service members who served during war time.

“It’s really about the veterans community and boosting how these families participate with our city as well as recognizing the military heroes who are still living,” said Director of the Veteran’s Commission Ted Louis-Jacques.

An amendment was proposed by the Council which would require the City Solicitor to notify the Council of any suite filed against the city and any claims against the city filed at the Massachusetts Commission Against Discrimination (MCAD). The Solicitor’s Office had opinions which reflected reservations with the proposed amendment.

“The position of the law department would be to add language to the amendment that would share MCAD complaints with the Council once those complaints become public record,” said Chief Labor Counsel and Assistant City Solicitor Julie McKenzie.

McKenzie says that MCAD believes that information around investigations have a certain degree of confidentiality and sensitivity with regards to public knowledge.

“I absolutely understand the need to protect the privacy of those, especially in the case of those who brought claims against discrimination and those who claims are brought against, so I’m in full agreement there. However, I’m having a hard time reconciling some viewpoints,” said Legislative Committee Chair and Ward 6 Councilor Lance Davis.

Davis said that the City Council had access to confidential information across several other contexts and that the Solicitor Office’s legal opinion implies that there is no distinction between members of the City Council and the general public when it comes to privileged information.

“In the context of employment, the City Council has some authority, but not investigative or disciplinary powers. When you’re talking about complaints that arise under unfair employment, I think it’s distinct from other complaints,” McKenzie said.

Councilor Davis would go on to point out that the Solicitor’s Office had previously advised a committee of the City Council that the City Administration and the Council were one and the same in matters of hiring.

“The City Council doesn’t have a statutory or regulatory role over that sort of day-to-day management of the work place which is where these MCAD complaints arise out of,” McKenzie said. “I do see some differences between the Civil Service confirmation which the City Council has oversight of, and the day-to-day functioning.”

Davis said that while he wishes to remain respectful in all capacities of discussion and not draw out the debate into a fight, he believes that the expressed opinions were a prime example of a pattern which the Solicitor’s Office has shown a tendency to display.

“It feels to me, and I’ve expressed this before, that when the Solicitor’s Office wants one result, things get interpreted one way and when they want another result, they interpret them another way,” Davis said.

Davis said that while the Administration may have good reasons for their legal stance, he would like to see further arguments made.

“I think this discussion is informative and enlightening. As Councilor Davis has said before, I don’t think we are going to get anywhere with the legal argument tonight,” said Ward 3 Councilor Ben Ewen-Campen. “For the record I do think it is important to recognize that for us as City Councilors to recognize that when we feel we are being asked to take votes and make decisions without the appropriate information before us, I think it is up to us to make those decisions or refuse to make those decisions if we are not getting that information”

According to McKenzie, all complaints filed at the MCAD make it on to the public record.

In other business, a request was submitted to adopt a Rental Registration and Energy Disclosure Ordinance. “This Ordinance would grant the city the authority to create Somerville’s first rental registry and what we believe to be the first rental energy disclosure of its kind in the Commonwealth,” said Housing Environment Program Coordinator Christine Andrews.

According to Andrews, the ordinance was prompted by an order from Councilor At-Large Wilfred N. Mbah to create a rental licensing that would mitigate greenhouse gas emissions in Somerville.

Andrews said this ordinance can help not only climate goes, but housing, health and city management goals all at once.

The proposed ordinance was left in committee.