The State Of Human Rights In Amherst
Photo: Jonathan Deutsch for Unsplash
Source: Amherst Human Rights Commission
The Amherst Human Rights Commission has completed and approved for submission its annual report, “The State of Human Rights for the Town of Amherst.” The report is mandated by the HRC’s bylaws. The report is reproduced below and has been submitted to the Town Council for consideration at their July 17 meeting.
The State Of Human Rights In The Town Of Amherst
The Mission of the Human Rights Commission (HRC) of Amherst is to ensure that no power goes unchecked and that all residents are afforded equal protection under the law. The HRC is made up of nine Commissioners who are Amherst residents. The current Commission is majority BIPOC and ranges in age from high school to seniors. The Commission, per our bylaws, hears perceived human rights violations from residents, educates the community through cultural and heritage events, advocates for human rights and advises the Town Council and Town Manager in Human Right topics. The Human Rights Commission meet once a month on the third Wednesday at 6:30 via Zoom and all meetings are open to the public.
The HRC acknowledges the Town of Amherst for the adopted resolution affirming its commitment to “end structural racism and achieve racial equity for black residents.” We the Human Rights Commission (HRC) also commend the Town of Amherst for setting up the Diversity, Equity, and Inclusion department and the Community Responders for Equity Safety and Service (CRESS). These actions are a positive and concrete expression of the Town’s commitment to anti-racism. The Town has also moved legislation on human rights topics such as climate, health, and housing for all. We thank the Town for these actions.
We the Human Rights Commission have celebrated and provided education around cultural and heritage events such as; Martin Luther King Jr Day, Lunar New Year, Black History Month, Asian American Pacific Islander Month, Youth Hero Award, Juneteenth, July 4th, Frederick Douglas reading, Latino/a/x Month, Human Rights Day, and Kwanzaa. All these events have been well received by town residents, with some stating “this is great I feel like my culture is being represented in this town”. HRC events attract a highly diverse and multi-cultural group of residents in and around Amherst, often with entire families participating. The current budget to cover these activities is well below the $23,000 that we are requesting to continue this important work.
We the Human Rights Commission are rewriting our bylaws and procedures to be relevant to the current Commission. Town Council approval of the suggested changes to these bylaws is critical to our ongoing work.
We the Human Rights Commission want to recognize the July 5th incident that has shaped this town over the past year. We ask that the incident of telling youth “that they have no rights” be owned by the officer involved or the Amherst Police Department. The Town, in particular the BIPOC community, needs healing from this event and an official apology from the Police Department. We thank the Town Manager for apologizing for his part in this incident. In addition, the HRC recommends that the Town follow the actions cited in the Town Manager’s memo to the Town Council with the advisory report from the HRC and Community Safety and Social Justice Committee (CSSJC) to begin the healing that this town needs.
Human Rights Commission Complaints Summary
Pursuant to Section 3.3D.2 of the Town of Amherst bylaws, the Human Rights Commission through the auspices of the Human Rights Director is authorized to receive complaints of alleged violations of the town bylaws, state law, and/or federal law.
Complaints may be filed by anyone for any alleged act of discrimination or denial of rights that occurred within the Town of Amherst. Complaints, are submitted by email, phone or an online intake form. In general, the investigation process includes in-person meetings with all parties. Following those meetings and any information submitted the Human Rights Director or designee writes a report regarding the conclusions drawn and that information is shared with the parties. The Human Rights Director confers with the co-chairs prior to disclosure of the report. Pursuant to the bylaw the Human Rights Director can ask the parties to attend a conciliatory conference, attendance at that conference is voluntary.
During the 2022- 2023 fiscal year the Commission received seven complaints.
1. One complaint alleged discrimination by an Amherst business owner, The Human Rights Director determined that complaint had been previously adjudicated in the Superior Court In Massachusetts. No further action was taken.
2. The Commission filed a complaint stemming from the July 5th interaction between Amherst youths and Amherst Police Department. The complaint was shared with the Amherst Chief of Police. The Amherst Police Department conducted a review of the case pursuant to the conditions of the collective bargaining agreement. The Chief of Police extended an invitation to meet with the parents and/ or guardians, none accepted the invitation. The Human Rights Director drafted two reports, the reports note the error of the police office but found no human rights violation had occurred. The Human Rights Director has no authority to review police action.
3. Two complaints were filed against Amherst College. In both incidences the complainants had received No Trespass Orders from Amherst College. The Human Rights Director learned that Amherst College has a practice or policy of issuing No Trespass Notices to individuals that are Non student or Non staff if their Threat Assessment team deems it appropriate. The Amherst College policy can be found here. Both parties were advised there was no action the Director could take.
4. Two complaints were made against Town employees, one-in the Planning Department the other in CRESS. The complaint against the Planning Department alleged discrimination by a building inspector. The Human Resources Director met with all parties, and had the assistance of the Massachusetts Office on Disability. A report was issued suggesting a conciliatory conference. The complaint against CRESS alleged unprofessional behavior by a CRESS responder. The Human Rights Director met with all parties. The Complainant was not interested in a conciliatory conference. In both cases the Human Rights Director suggested changes to policies.
5. A complaint was filed against the officials at the Amherst Regional Middle School, The complainant alleged that school officials discriminated against transgender students in violation of both state and federal law. Given the serious nature of the charges the complainant was referred to the Massachusetts Commission Against Discrimination.
Overall, the Human Rights Commission requests the Town of Amherst to support Human Rights efforts such as affordable housing, anti-racism, climate actions, access to health care and any other Human Rights issue brought by residents to the Commission.
We appreciate your support and look forward to working with the Town move toward making human rights a reality for all.
The Town of Amherst Human Rights Commission
Philip Avila (co-chair)
Victor Cruz
Elizabeth Haygood
Benjamin Herrington (co-chair)
Laverne Kelly
Tylar Matsuo
Rani Parker
RESOURCES:
https://www.amherstma.gov/849/Human-Rights-Commission and for link to attend meetings