City Council - Ordinance Committee

Ordinance Committee Minutes January 5, 2023 Members present: Councilor Derby, Councilor Peake, Councilor Riley Members absent: Also in Attendance: Councilor Gomez, Councilor Zaret, Councilor Denham Meeting called to order by Councilor Derby at 6:30 pm 1. Public Speak Time: 2. Approval of the November and December 2022 meeting notes: Councilor Peake made a motion to approve, Councilor Riley seconded, Vote: 3-0 APPROVED 3. Continuing Business: a. Vacant Storefront Ordinance We received three versions of the Ordinance edits. By the next meeting we need to compare the red line version to the old version. All we need to do at this point is add in the MGLs and make sure the Solicitor’s edits are taken into consideration. b. Revisions to City Ordinances: -Add Chapter 6, Section 6-23: Safe & Fair Access to Legally Protected Reproductive and Gender-Affirming Health Care Services. Councilor Zaret gave an overview of the new ordinance language for Councilor Peake who was absent last meeting. Councilor Peake had concerns about the process at the state level for protecting members of the public if all enforcement mechanisms are removed from the ordinance. Councilor Derby had further concern about what entities would be considered deceptive to trigger our Health Department to assist in filing complaints. Councilor Riley asked if the question can be viewed more broadly to healthcare? Councilor Peake discussed the scope and capacity of the Health Department’s ability to assist the public. To be broader has the potential to overload the Health Department. Public Comments and Dialogue: Pam: Is this ordinance specifically referring to people from out of state? Councilor Derby: It’s more about advertising reproductive services for people in Easthampton and out of Easthampton. It’s informed by the State health advisory in July of 2022 by the Attorney General.  Shelly Fournier: If we’re going to publish lists of reproductive services, can we also publish resources for other resources like diapers and clothing? I’m glad to see the fines and enforcements removed and making recommendations to the state instead. Councilor Riley: We can make that suggestion to the City Social Worker. Can you say more about the 93A loophole? Councilor Zaret: 93A essentially says that for profit organizations cannot deceive the public. It does not apply to nonprofit organizations. Sandra Zieminski: This feels very complicated, I feel that a public health campaign should be publicized and to have information on our website. Once you get involved with ordinances, the responsibility comes with liability. What if someone files a complaint, what happens next? Derby: The Health Director would simply say here’s the contact information at the state level. Sandra Zieminski: So, this ordinance would include nonprofit organizations similarly to 93A? Derby: Yes. Sandra Zieminski: But if they do not cover nonprofits at the state level, does that mean it goes nowhere? Derby: Often ordinances like these are the litmus test to determine if the states ought to get involved. Jeanne Pao Wilson: We haven’t discussed gender affirming care yet, can you discuss what that means in this ordinance? Councilor Derby: It specifically states that a city employee cannot refer to anyone outside of Easthampton that someone has received gender affirming care. Councilor Denham: And hypothetically if someone from Texas called, city employees cannot disclose information. Councilor Derby then provided the Committee and public members the remainder of the policy process. 4. Other: Next regular meeting: January 24, 2023, at 6:30 PM. Councilor Peake made a motion to adjourn, and Councilor Riley seconded. Vote: 3-0. Meeting adjourned at 7:34 pm. Respectfully Submitted, Councilor Brad Riley Clerk to the Ordinance Committee