GREENFIELD — The Appointments and Ordinances Committee is considering holding a working session to review proposed changes to the public assemblies ordinance to get input from law enforcement and the public on whether a crowd control clause is necessary.
In addition to reviewing the proposed changes to the public assemblies ordinance on Thursday, committee members continued discussions on several proposals. They determined that the gender affirmation ordinance is ready for legal review and to have a public hearing, and the ordinance proposed by the Board of Assessors that would require elected officials to review and attest to the accuracy of their property cards may need to go back to the drawing board.
Public assemblies
Appointments and Ordinances Committee Chair Katherine Golub shared that earlier drafts of the changes seemed to read more like a weighing of the differences between pepper spray and tear gas, and the latest version tackles what can be used against a crowd indiscriminately versus on a specific violent individual, and adds references to Massachusetts General Laws governing the use of tear gas.
“This article is intended to operate consistently with, and to supplement, the requirements of M.G.L. c. 6E § 14, which governs the use of tear gas, chemical weapons, rubber pellets and dogs against a crowd throughout the commonwealth, including de-escalation, proportionality and reporting requirements set forth therein,” the draft states. “This article distinguishes between the targeted deployment of a crowd control chemical agent or kinetic impact projectile against a specific individual or individuals, and the indiscriminate deployment of such an agent or projectile against a crowd, in recognition that these two forms of use present materially different risks to persons exercising their First Amendment rights, and to bystanders, regardless of the chemical composition or type of agent or projectile used.”
Precinct 6 Councilor Patricia Williams added that she has seen many cases of overreaction by police in other communities, and while it may not be necessary to regulate response methods in Greenfield now, the language could be useful in the future.
Committee members said the amendments started during a regular review of the city’s ordinances to create protections for spontaneous assemblies. The current ordinance, Chapter 217 of Greenfield’s General Legislation, does not differentiate between spontaneous and planned protests, and states that “persons and groups have a right to organize and participate in peaceful First Amendment assemblies on the streets, sidewalks and other public ways, and in the parks of the city of Greenfield,” but the Board of License Commissioners may impose time, place and manner restrictions on assemblies.
Proposed amendments to the ordinance outline what assemblies can be held without providing prior notice, along with the plan approval and appeals processes. It also added a crowd control section, which has garnered a lot of input from residents in recent months.
During public comment on Thursday, resident Pamela Goodwin said she was “not happy with the changes” and believes the revised ordinance would limit the response options of the Police Department.
“I think it’s tying their hands should an assembly decide to get a little out of control,” Goodwin said.
The sentiment was emphasized by resident Stephanie Duclos, who shared she had witnessed protests turn violent in Boston, where tear gas was necessary.
“I’m not sure what options you’re leaving the Police Department with,” Duclos said.
Resident Gary Sullivan expressed concern that the ordinance would limit free speech, and he wanted to see the language amended to protect the right of individuals protesting on sidewalks in front of residences.
Appointments and Ordinances Committee members pondered whether the crowd control section is necessary, and whether it should be asked of the full City Council if the clause should be included or removed.
“I feel like we’re so far off from our purpose,” Precinct 9 Councilor Max Webbe said. “We got lost in the sauce.”
“We are ‘Alice in Wonderland,'” Williams added. “We are down the rabbit hole and having the tea party.”
After discussion, committee members agreed it could be worth having a special meeting just to work on the assemblies ordinance, and potentially invite relevant departments, such as the police, and members of the public to weigh in on how the draft could be tightened up, and whether a crowd control clause is necessary at this time.
“If you have an opinion on this, please reach out to us,” Precinct 7 Councilor Sarah Bolduc said. “We want to hear from you.”
Gender affirmation
After reviewing the latest changes to the proposed ordinance to “protect and affirm the gender of all individuals,” Appointments and Ordinances Committee members agreed they are ready to hold a public hearing.
Last month, committee members suggested changes to some of the definitions included in the ordinance, which explains that all city agents, including staff and elected officials, shall treat employees, applicants, contractors and members of the public with dignity and respect, regardless of gender, gender expression, gender identity, biological sex or sexual orientation. It includes language requiring the city to seek health insurance plans for employees that include gender-affirming care options, create transition plans to support any staff who are transitioning and respect pronouns. Under the ordinance, city agents would be barred from providing anyone with information about gender-affirming care being given or that has been given to people.
The latest draft updated definitions for gender identity, gender-affirming healthcare, gender expression, biological sex marker and more.
Golub said she had received an email from Greenfield Chief of Staff Erin Anhalt expressing concern that human resources policies should be set by the Mayor’s Office, not City Council, but the two have not yet had a chance to discuss the matter further.
During public comment, Goodwin said she does not understand why the city needs a gender affirmation ordinance.
“I don’t know what the worry is,” Goodwin said.
Webbe shared that, while Greenfield is a friendly city, the ordinance establishes policies and procedures to ensure gender-nonconforming individuals are protected.
“To the people that it matters to, it does matter,” Webbe said. “And it is important.”
Property card review
After discussion with the committee, Board of Assessors Chair Jim Geisman indicated he would be willing to withdraw his request for an ordinance requiring elected and appointed officials to review and attest the accuracy of their property cards.
Geisman brought the proposal to the committee, stating that while property cards should be accurate, sometimes there are mistakes. Having accurate information on property cards ensures the city has an up-to-date database for assessing and taxing properties.
“The purpose is to set a good example for the citizenry,” Geisman said.
Geisman said that based on the complaints filed by those seeking property abatements, he would estimate maybe 100 or so property cards are inaccurate.
During public comment, Mayor Ginny Desorgher expressed concern about the practicality of the proposal, noting that only approximately 80% of the city’s elected officials have completed the conflict-of-interest training required by state law. Requiring officials to review their property cards just adds to the list of tasks officials will have to do in addition to the work of whatever role they are elected to.
“I think having all the elected officials checking is a good idea,” Desorgher said. “Getting everyone to comply can take a long time.”
Golub agreed that the proposal had good intent, but implementation would be difficult.
“I’m not convinced this is the way to do it,” Golub said. “I don’t know that this would be enforceable.”
“It’s basically toothless,” Geisman said, “but I think every ordinance here is toothless unless you want to go to court.”
After discussion, Geisman agreed to reconsider the ordinance, but he would like to find a time to present to the full City Council how property assessments and tax bills are calculated and on the importance of having accurate property cards.
