20220131 City Council Legal Affairs Committee Minutes � - �
City of Beverly
Legal Affairs/Committee of the Whole City Council Meeting
Public Meeting Minutes
Monday,January 31,2022, 6:30pm
Estelle Rand, Chair of Legal Affairs Committee, called to order Legal Affairs Committee9 at
6:30pm and called to order Committee of the Whole. u - j
Committee Members Present: Todd Rotondo,Brendan Sweeney,Estelle Rand
Other Councilors Present: Hannah Bowen, Steven Crowley, Julie Flowers, Scott Houseman,
Matthew St. Hilaire
Order#023-Council President Flowers-Amendment of the Rules and Regulations, Rule 19
Order of Business.
Rand stated she received some letters of support for this item from constituents and asked other
committee members if feedback had been received.
Rotondo stated the ones he received were sent to the whole committee.
Sweeney stated he received some feedback, which was a bit of a mix.
Rand asked Flowers to speak about the order since she brought it forward.
Flowers stated the idea of adding the land acknowledgement statement was something she had
been thinking about, and the rules would need to be amended to officially add it to the agenda.
Some other communities have been exploring this and are moving in this direction. It is valuable
to consider a step like this to lift up history that has been omitted or truncated. Land
acknowledgement statements are not grim; it is a celebration of the people who called this land
home first and who cared for this land and still live here. This also could be a door to work more
closely with the Massachusett Tribe. As a city,we have been thinking about how to take care of
the environment, and that is something that is valuable to the Massachusett Tribe as well.
Flowers stated that she had recently been working with Thomas Green from the Massachusett
Tribe and asked if this is something he finds useful and beneficial. He said yes, it is a way to
build relationships and help people think more expansively about not only the history but the
present. Those ongoing relationships are important. Flowers stated she also became acquainted
with an organization located in Danvers,the Massachusetts Center for Native American
Awareness. Flowers stated she does not want to assume what people want or to do something
just to check the box,which is why speaking to Thomas was so important.
Rand thanked Toppin for his letter of support and asked him to speak on the item.
Abu Toppin, Diversity,Equity &Inclusion Director, stated he did not hesitate to support this
when Council President Flowers asked about it. It is very much akin to African Americans'
treatment in this country and referenced that omitted,truncated history. There is a system that
was built in this country intentionally, and so we must be intentional to change it. If the time is
when everyone is comfortable,this will not happen. We need to get comfortable with being
uncomfortable. Toppin also recognized the importance of long-term relationships, growth and
seeing this as an opportunity to move towards a different foundation that we are used to. Toppin
read a quote emphasizing the importance and value of visibility and stated that this is an
intentional step he fully supports.
Rand opened it to committee members.
Sweeney stated that it is important to acknowledge this history and talk about it more. Sweeney
stated that one piece he has been wrestling with is that if the City Council were to adopt the land
acknowledgement, there are other groups deserving of recognition as well. Sweeney asked why
this vehicle is the best to take this first step. Sweeney agreed that a step should be taken in some
form. Sweeney asked how to reconcile this with other groups equally deserving of recognition,
stating that he does not want to pit people groups against each other. There are so many pieces of
our collective history.
Rand stated this is a land statement more about the specific land that we are occupying.
Toppin stated that there is a lot of work to do and it is going to take a lot of time to do it. Toppin
stated he does not think Sweeney is wrong in acknowledging any of that but the statement is to
be concentrated on the land we are sitting on. Far too often we have not done that. It is a way of
acknowledging who was here before us.
Flowers stated she thinks the distinction about the land piece is what is unique about this
particular proposal. This is a first step; it can be a series of first steps. Flowers highlighted one
thing Thomas Green had pointed out was that in this part of the country there really was a sense
that when people arrived from England, there were settlements already set up. It was not
necessarily the same as what happened in the west. When smallpox came and a lot of people
died, they had already-created places to live which were ready made for the people who arrived.
There really was this sense of displacement. This is an opportunity to celebrate the people who
first loved and cared for the land that City Hall is on.
Sweeney appreciated the points and asked why this step is the best vehicle as opposed to
resolutions or other avenues for land acknowledgement.
Flowers stated the idea to incorporate this as a part of regular business is to have it become as
much a part of our story as the other things that we do routinely. The more it is done as a
community, the more it becomes a part of the story. Flowers stated Mr. Toppin helped with the
thought that resolutions and proclamations are one-off and special instances, and people of color
have often been asked to compartmentalize down into segments that are more palatable. Part of
working against the system that has been created is helping make it more a regular part of our
history and easier to talk about.
Toppin asked when looking at regular things like the pledge of allegiance, how we reconcile that
ideal not being applicable to everyone. Toppin stated we need to normalize these conversations
and opportunities for acknowledgement. It gives people opportunities to ask questions and
discuss it.
Rotondo stated it can be overwhelming to think about all the things we need to acknowledge.
Resolutions are actions more than words. Right or wrong, war is how things were created.
Rotondo stated he agrees with acknowledging the land and believes in the statement but does not
believe it is the place for the statement. Rotondo suggested hanging up the acknowledgement in
the City Council chambers and not necessarily having the whole procedure.
Rand stated she liked the idea of having something hanging up in addition to being part of the
meeting.
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Flowers stated that this is something the Massachusetts Center for Native American Awareness
specifically requests, and it is important to listen to the voices of people who are the experts of
their own experiences.
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Toppin stated we have to take these various steps, some small steps, some big leaps, and all in
between. We have to be able to take that time to learn and have the conversation. Sometimes
there is a desire to resist that because it is too much. It can be hard for people to go there because
there is fear of what this information will do and what happens next. That is where the work is
critical to moving forward to a different place. Unless we start to take those intentional steps, we
will continue the cycle.
Rand opened the discussion to other Council members.
Bowen stated she was excited to be hearing the case made and wanted to speak to the experience
of it. Bowen said the first land acknowledgement statement she experienced was seven or eight
years ago in Australia, and it is much more routine there. Seeing that practice being adopted, it
plays the function of, in a formal setting, having that moment of grounding and recognizing the
history and what our role is of being stewards still. Bowen stated that it can be a very specific
kind of tool useful in public meetings for recognizing history and our place in it. Where it has
been normalized, Bowen stated she has felt that grounding and noticed that people maybe are
expanding the conversation in ways they may not have otherwise. It can be similar to taking a
deep breath before public speaking as a way of preparing. Bowen stated she was also interested
in talking about what specifically is said in that time so that each of the Councilors feel
comfortable signing on to it. Bowen stated she has seen other organizations incorporate it and
had positive changes.
Toppin left at 7:23pm.
St. Hilaire stated he is excited to engage in these conversations; we can all agree that DEI is
important. St. Hilaire asked if the mayor starts city meetings with a land acknowledgement
statement and asked about the status of the race/equity audit. St. Hilaire stated he is not closed to
the concept but is trying to wrap his head around the DEI plan and where that is at and if this is
the best vehicle.
Rand noted that Toppin would be at the Council retreat on February 12 and could give an update.
One thing to keep in mind is that the City Council operates often independently from the
Mayor's Office. It is a council initiative that may propel other actions.
Flowers encouraged follow-up with Toppin and agreed with Bowen's assessment of it being a
grounding moment. This tool is well suited for entering into public meetings together. Flowers
stated as an example that someone may not be there when a resolution is done or may not
remember, but if this is incorporated and heard at every public meeting,people will be more
aware of it.
Houseman stated this has been interesting to delve into, especially as a history buff. Words
matter, and the absence of words matters. We are at a point in our country's history of asking a
lot of difficult questions. Houseman referenced a Smithsonian Magazine article about Francis
Bellamy who wrote the pledge of allegiance and its etymology. Houseman stated he can imagine
constituents will wonder where this comes from if we start doing it. Houseman stated he is
comfortable with making people uncomfortable when it is appropriate and thinking about
whether it will normalize people to start thinking about our history and knowing there is more to
our history.
St. Hilaire left the meeting at 7:37pm.
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Crowley stated that in his experience in the military and working with all types of people, the
recognition is good, but in some sense the pledge of allegiance is an all the time thing, a kind of
guidance. If everyone does not feel that it represents their experience, we should fix things so
that it does apply. Identification is important. Crowley stated he is continuing to wrap his head
around it. Maybe there are more steps to take.
Rand stated the pledge of allegiance is a part of the process already; we are continually honoring
our flag and country and what it should or does stand for. Rand said to her it makes sense why
we would want to honor it every day and it also makes sense why we would want to
acknowledge the land we stand on every day.
There was some conversation on if this is constituent services,the challenge of comparing
experiences of different groups, and education in diversity, equity and inclusion work.
Sweeney stated this conversation has been helpful and underscores the importance of continuing
this conversation. The question about why this particular group has been addressed; there is the
tie in to the land and the importance of that. There are still questions around the way of doing it.
Sweeney stated he would want to make sure we are not unknowingly continuing any sort of
divisiveness by bringing this forward following the pledge of allegiance. Sweeney stated that
although he does not think this is what is intended, it could be perceived as a rebuttal because
some of the wording of the land acknowledgement statement could be seen as divisive.
Flowers clarified that it is not proposed as a rebuttal; it is just a way to honor. This is beginning
to become more common. If people feel it is prickly, we can turn together to learn more. The
Massachusett Tribe is willing to work on the wording together.
There was some discussion between committee members around the word"decolonization" and
some of the language of the land acknowledgement statement.
Sweeney stated that potentially tweaking this language could be helpful. Going back to the piece
on decolonizing, it should not be equated with deconstructing accomplishments of the past, but a
lot of people may read it that way. Sweeney stated he would want to make sure the language
accomplishes the goal it seems like a lot of us want to reach. These are uncomfortable
conversations, but it is very important to continue.
Rand agreed it is valuable to continue the conversation.
Houseman asked if the item was sent back to Council, would it then be voted on at that time or if
it would be referred back to the committee for more conversations or conversations around
changing the language.
Flowers stated that would depend on the fuller conversation with the council and where that
goes. Flowers stated she would be open to changing the language and would give the most
weight to the voice of the Massachusett Tribe.
There was discussion on whether the vote on this order would be to amend the rules of the
Council or to amend the rules and accept the specific version of the land acknowledgement
statement that was submitted with the order. The understanding was that the wording could be
worked out later and the vote as presented in the letter would be to amend the Council rules.
Bowen left the meeting at 8:26pm.
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The motion to adjourn Committee of the Whole was made and seconded. A vote was taken, and
the motion carried (6-0).
The motion to adjourn Legal Affairs Committee was made and seconded. A vote was taken, and
the motion carried (3-0).
The meeting adjourned at 8:29pm.
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