SENATE DOCKET, NO. 2446        FILED ON: 2/19/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2071

The Commonwealth of Massachusetts

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PRESENTED BY:

Adam G. Hinds

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act promoting racial equity within state government.

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PETITION OF:

SENATE DOCKET, NO. 2446        FILED ON: 2/19/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2071

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act promoting racial equity within state government.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. The General Laws, as appearing in the 2018 Official Edition, are hereby amended, by adding after Chapter 18C, the following new Chapter:-

Chapter 18D. Office of Racial Equity

Section 1. As used in this chapter, the following words shall have the following meanings unless the context clearly requires otherwise:

“Antiracism”, taking action against racial hatred, racial bias, systemic racism, and the oppression of marginalized groups to promote equality amongst all populations.

“Executive director”, the head of the Office of Antiracism.

“Racial Equity”, equality among people of all races.

“Racial Injustice”, inequality among people of differing races.

Section 2. There shall be an office of  antiracism which shall be independent of any supervision or control by any executive agency. The office shall:

(a) coordinate across all agencies and branches of government to promote antiracist policy and works to undo the harmful effects of racism in all aspects of life including in healthcare, finance, education, housing, environmental policy, and the justice system;

(b) regularly audit all state agencies to examine their work in promoting antiracism; and

(c) issue annual reports pursuant to section 10 of this chapter.

The office shall act to investigate and ensure that the government is proactive in undertaking antiracist work to promote the betterment of all citizens of Massachusetts.

Section 3. The office of  antiracism shall be led by an executive director. The executive director shall be the administrative head of the office and shall devote full-time to the duties of the office. The executive director shall be appointed by a majority vote of the attorney general, auditor, and governor from a list of 3 nominees submitted by a nominating committee to recommend an executive director. The nominating committee shall consist of: 5 members including: The Senate President or designee, the Speaker of the House or Designee, The President of the Boston Branch of the National Association for the Advancement of Colored People (NAACP) or designee, The Executive Director of the American Civil Liberties Union, Massachusetts office or designee, and the President of the Massachusetts Immigrant Refugee & Advocacy Coalition (MIRA) or designee. The work of the nominating committee shall be coordinated by the attorney general’s office.

Any person appointed to the position of executive director shall be selected without regard to political affiliation and on the basis of integrity and demonstrated ability and knowledge of antiracist studies and policy. The executive director may, subject to appropriation, appoint such other personnel as the executive director deems necessary for the efficient management of the office.

The executive director shall serve for a term of 5 years. In case of a vacancy in the position of the executive director, a successor shall be appointed in the same manner to begin a new 5 year term. No person shall be appointed as executive director for more than 2 terms during the course of their lifetime.

The executive director may only be removed from office for cause by a majority vote of the attorney general, the state auditor, and the governor. Such cause must include substantial neglect of duty, gross misconduct, or conviction of a crime. The cause for removal of an executive director shall be stated in writing and shall be sent to the clerks of the senate and house of representatives and to the governor at the time of removal and shall be a public document.

Section 4. The executive director shall regularly convene a coordinating council. The coordinating council shall, at minimum, consist of the executive director, who shall serve as chair, the secretary of health and human services, the secretary of public safety and security, the secretary of education, the secretary of energy and environmental affairs, the secretary of transportation, the secretary of housing and economic development, the state auditor, the state treasurer, and the secretary of the commonwealth. Other members may be added to the council upon the recommendation of the executive director, subject to ratification by a majority vote of the council.

The executive director shall convene the coordinating council at least quarterly at which time members of the council shall issue reports on the work being done within their agencies to promote racial equity. The executive director shall, in turn, provide recommendations to members of the council on how to further this work.

The executive director may consult with or request the assistance of members of the coordinating council with respect to the duties and responsibilities of the office; provided however, that any request for assistance shall not place requirements on any member of the council to fulfill the request.

The coordinating council shall annually set the salary of the executive director; provided however, that such salary shall not exceed 90 per cent of the salary of the chief justice of the trial court, nor shall the salary be lowered once established.

Section 5. The executive director shall regularly perform audits of all agencies of the state, including the legislature, the judiciary, constitutional officers, and quasi-public agencies that are not directly answerable to the executive office. The audits shall examine:

(a) regulations and policies promulgated by the office that affect the general public, with consideration of whether they inflict disproportionate harm and racial injustice;

(b) workplace climate and whether the agency promotes racial justice for its own employees; and

(c) other matters as may be deemed necessary by the executive director.

In completing an audit, the executive director may solicit feedback from employees, the general public, and any other stakeholder group deemed necessary to complete the function of the audit.

A state employee shall submit to interview as requested by the executive director. The supervisor of the employee shall make accommodations for the employee to submit to the interview and shall not deduct time away from earned sick, vacation, or personal time.

Section 6. The executive director shall, upon request of the Speaker of the House, the Senate President, or the Governor, review and offer recommendations on legislation pending before either branch of the legislature. The executive director shall submit a report of its findings to the Clerk of the House or Senate within 10 days of receiving the request. The report shall include:

(a) A review of the impacts the legislation would have on furthering the government’s work in promoting antiracism and ensuring racial equity; and

(b) Any recommendations for amendments or redrafts to the legislation, as applicable, so that it does not lead to racial injustice.

The executive director may also issue a report on any piece of legislation currently pending before the General Court at their discretion, without being requested to do so by the Senate President, Speaker of the House, or the Governor. In doing so, the executive director may submit their findings to the clerk of the house or senate, the speaker of the house, the senate president, the governor, and any chairperson or other member of the legislature as deemed relevant by the executive director.

Section 7. The executive director or their designee shall have access at any and all reasonable times to any facility that is operated, licensed or funded by a legislative, executive, judicial, or quasi-public agency, and shall have unrestricted access to all electronic information systems, records, reports, materials, and employees in order to better understand the agency's work in promoting antiracist policy. The executive director shall have access to relevant records held by any clerk of the court systems, the senate, house of representatives, governor’s office, including the right to inspect and copy, without cost. The executive director shall be bound by any limitations on the use or release of information imposed by law upon the party furnishing such information.

Section 8. No discriminatory or retaliatory action shall be taken against any person who communicates with or provides information to the office.

Section 9. The executive director shall develop internal procedures appropriate for the effective performance of their duties. The executive director may, subject to chapter 30A, adopt, amend, or repeal such rules and regulations as are deemed necessary to carry out the functions of the office.

Section 10. The executive director shall report annually to the governor, the president of the senate, the speaker of the house, the attorney general, the state auditor, the state treasurer, the chief justice of the supreme judicial court, and any other agency head deemed appropriate on the findings of the office with respect to the work of the government to actively promote antiracist policy. The report shall include recommendations about how to improve policies and any findings where policy implemented by an agency promoted racial inequity. The report shall be made public.

Section 11. The following provisions apply to information and records obtained, reviewed or maintained by the executive director:

(a) Notwithstanding any general or special law to the contrary, the disclosure of information to the office of racial equity and antiracism shall not be prohibited. Any information deemed confidential by the disclosing party or the executive director shall be permitted and said information shall not be made public. The executive director shall ensure that no information submitted for their review is disseminated to parties outside the office.

(b) Information, documents, and records of the executive director and their office shall not be subject to subpoena, discovery, or introduction into evidence in any civil or criminal proceeding.

(c) Statical compilations of data which do not contain any information that would permit the identification of any person may be disclosed to the public.

Section 12. No person employed by or contracted by or volunteering for the office shall be subject to suit directly, derivatively, or by way of contribution or indemnification for any civil damages under the laws of the commonwealth resulting from any act or omission performed during or in connection with the discharge of their duties within the scope of their employment or appointment, unless such act or failure to act was committed with gross negligence, maliciously, or in bad faith.