 And I'm just going to stay on until Emily gets here and pass things up to her. Which does. Okay. Thank you. So seeing the presence of a quorum, I'm going to call this meeting of governance organization legislation to order. It is Wednesday, October 20th. And it is 1033 AM. I'm first going to take a moment and make sure everyone can be heard. And so Mandy. And Pat. And Darcy. Yes. Okay. So we have four members present and everyone can be heard. I'm going to put the. Agenda up on the screen. For once you look out for a second. And let's talk about it. Okay. The problem is, okay, now what's the problem. All right. I had sure screen. Let's try again. Share screen. Okay. Sorry. Sorry about that guys. So we're going to begin this morning with the interview questions and get that finalized. We did get one comment from a council member we need to look at and then discuss and then we will move on just briefly review the timeline up and give you an update on where we are at. Okay. So we're going to be reviewing the Hampshire college. I'm sorry, we're going to go to the review of the surveillance technology by law. And that will take us, I think a fair amount of time. It's a pretty complicated. By law, but we'll go through it together. We have two resolutions that have been sent to us. One came very late and that I believe is now in the packet. And I believe is also in share point. I hope. So we're going to start with the resolution resolution. We're going to be celebrating important anniversaries. And as often the case things come to us at the last minute. So we hopefully we'll get to both. I'm actually going to begin with your permission with the Amherst college resolution rather than the Hampshire college. And if we run out of time, it's not a problem. We have time at our next meeting to review it. So actually both resolutions are not on a super fast track. So we're going to go with the technology by law. And we have a set of minutes that I hope we can dispense with. And otherwise I have no items unanticipated. And so any questions about the agenda and the order. All right. I'm going to close that out. And I'm going to put up. Our. This is the S this is the, actually, I'm going to, yeah, let's put. Let's put this up. So this is the. The document that we adopted last time. And we have six questions and we have a set of instructions. And the plan is to send this out to the applicants. And to send it out to the council at the same time. And that the plan is that we would ask these questions. And we would not have follow up questions. Of each candidate. One at a time. We would mix up the order. And we would not have follow up questions. And we would keep to a three minute. Limit. The only thing we didn't do less time. And I'm not sure we need to do it is number six. Obviously is answered literally in a second or two. Right. I don't know what it is, but if you want, we could say. Question six just needs a yes or no answer, but it already says that. So I think we're okay. Any questions before we want to look briefly at the one communication we got from a counselor. I think it's in your packet. So hopefully you've had a chance to look at it. But it's the only comment we got. In terms of possible interview questions. Any concerns, problems with this document as it stands. Any changes or. Issues with this. This is our last chance to adjust that if we need to path, go ahead. The question one just feels. Awkward based on the selection guidance. Why aren't we just asking what do you, what do you feel like you'll bring to the finance committee that can make it successful. I'd be. They have the selection guidance and. I don't know what it is. I don't know what it is. I don't know what it is. I don't know if it is it or not. And also whether that's a place. To ask to include experience with the municipal government or nonprofit. So Pat is mentioning here the communication we got from one other counselor. Which suggested adding the phrase that she just. Gave us. So maybe we can mix both of these together. And then we can put that up on the screen. What I'm going to do. It's just for my sake. So I can read it. I will read it out loud. Can we please add a question. That asks about their experience with municipal government. Or nonprofit finance. That's a suggestion. Pat has just suggested that. We could insert that a number one and remove based on selection guidance. Okay. Yeah, please go ahead. I agree with Pat. I think we could make number one. The question we could have the question. What do you feel you bring to the finance committee that can make it successful. Please include. Any experience with municipal government or nonprofit finance. Or. Okay. Please also discuss or something like that. Okay. Let me see while we're talking. I can do this. Go ahead. Does that leave out any. Of the criteria and the selection guidance. I can't remember. I mean, I think it focuses on one set of the criteria. And not others. If you add that to the end after the question. And Pat's comment was that, and I'm not sure I agree with it yet, but it would also, if we don't mention it, it would be telling perhaps if the person who responded made absolutely no reference to the selection guidance. When we do our review, that would be something we might note. So I think she's suggesting that rather than giving them that prompt, we'll leave it up to them and it will tell us something. In terms of their answer, if they actually don't seem to have read it. So that's a thought. I'm not sure I agree. Darcy. I guess I just feel like if we're adding a question about. What Lynn is suggesting. It should be in the selection guidance. I mean, I don't object to it going into the selection guide. But that, I mean, that was kind of the reason why we had decided to put on based on the selection guidance, just. Because that's sort of like the overall criteria that we're looking at. And right. Yes, I agree. What we have at the moment. Is experience serving on public finance or audit committee. Training experience, expertise in economics, finance, fiscal policy, or comparable areas of experience or interest in municipal finance. And consistently, and then the third is availability. So the current selection guidance highlights public finance, audit committee, economics, finance, physical policy, comparable areas, or comparable areas or experience, slash interest in municipal finance. It doesn't mention nonprofit. That's the only thing that seems to be. If we go back to Lynn's comment. Municipal government is we don't use that phrase, but we use municipal finance. And we do not have nonprofit. So Darcy, I think makes a good point that if we do adopt this, we probably should put it in the selection guidance. It's too late to change that now. So I probably would put it in this set of questions, but going forward, I think you should adjust the selection guidance if we agree that it should be put in. So. I think the question is, does the question, what do you feel you bring to the finance committee that can make it successful. Lead enough to get them to talk about experience they have with corporate finance or nonprofit finance or corporate finance, or do we need to specifically prompt people. To talk about their finance experience. Well, since this is what we are looking for, it seems to me, and our selection guidance highlights it quite vividly. It doesn't seem to be inappropriate to actually have it in the question. So could you Mandy just for a second, I'm not going to strike this. Let me just, I'm for the moment, I'm just going to put a line through this. Let me see if I can do this. And the phrase that you had suggested Mandy was. So I would add a statement after the question. So it wouldn't be part of the actual question. Right. Thank you. Thank you. Please include, or please discuss any experience with municipal government or other. You know, finance. Matters you have something like that. I think there's a comma between municipal and government. To allow. Please include any experience with municipal government. No municipal comma government comma or. No, it's an adjective. Yeah. It was a list of three. Yeah, I think it could include the non. And nonprofit. Or nonprofit municipal comma government comma or nonprofit. Finance. Okay. So using malls. Municipal government. Comma or nonprofit. Period. Yeah. And those who don't have it could say discuss, you know. And you could say if appropriate. And again, if someone doesn't have it. Yeah, you could add if appropriate. Yeah, I'm just, yeah. Or if relevant or. Yes, yes, yes. Right. Okay. If relevant, please discuss any experience with municipal. Government or nonprofit finance. Right. Think about that for a second. Again, Lynn suggests is municipal. I see you're right. She has municipal comma government or nonprofit finance. Yeah, that's exactly the place. Okay. What do people feel about this? It works for me. I would capitalize the W and what if we're going to get rid of the based on selection guidance. Okay. Again, I'm just going to, this is, we haven't voted on this yet, but. And then with the selection guidance itself, we can come back to the interview questions, but what change would you like to make in a selection guidance? Experience serving on public finance or audit committee. Maybe what, maybe what I'll do is I will put that up on the screen in a moment. And we can look at it and see if we want to make any changes now. But let's look at this. Let's go back to this and just see. Are people happy with this? So we're going to basically vote on this or maybe we do it by consensus or we can simply vote and basically make it that this, these are now the adopted. Interview questions. For the upcoming interview. As revised on October 20th. I mean, I can make a motion, but I think consensus is fine. Again, it's just wording, word smithing here. You could have, please discuss any relevant experience with municipal, municipal government or not. Does that make any difference to anyone? Or please discuss. Yeah, great. Yeah. I think your. Meaning is that if it applies to that particular person, because. Clearly it's relevant, right? We know it's. Exactly. Right. And so the wording would be, maybe please discuss any experience. You may have had. I like that. Yeah. And so I think Darcy's point is well taken. This is obviously relevant. But what I'm trying to say or what we're trying to say is based on yours. So please discuss any experience. Let me just try it. You may have had. With municipal. Where people think of that. I think that's clearer. I think that addresses Darcy's point too. Okay. So what we have now is to begin. What do you feel you bring to the finance committee that can make it successful? Please. Include. I would include. Okay. It doesn't matter. Please. Yeah. Please discuss any experience you may have had with municipal government or nonprofit finance. Fine. I guess I, I had brought up, you know, the person who may not have had a paid job at any of those things, but has attended every finance committee meeting and knows everything. But this I think would cover them. Right. Exactly. They could say. Good. People are okay with the rest of it. Number 10. We do it in this order. I think one, two, three, four. I think we agree. This is the appropriate order. Okay. So I'm going to, unless I hear any, I'm going to save this. I'm going to stop sharing it. I'm going to put it away. So it doesn't get in my way. I'm going to share the screen for just a moment with the. All right. Selection guidance. So let's take a quick look at this. We have now added a question that is. Municipal government or nonprofit. Finance. Do we want, so that's basically what we're looking at is right in here. So I wonder if that second bullet point. Is kind of weird in that it's training slash experience in this or experience or training slash expertise and then experience slash interest. Could it be combined into training, expertise, experience, comma or interest, comma in economics, finance, fiscal policy, municipal, you know, finance. Finance covers everything though. Like. We could split out the multiple types of finance, but finance kind of covers everything. I know, I don't, yeah, I think it's okay the way it is. It's a bit awkward, but I mean, I'm willing to spend more time word smithing it today if we want. We have a lot on our plate. My only thought was it's if we want, I don't want to lose it. My only thought was it's if we want, I don't want to lose the idea of nonprofit. And also the, I don't want to lose the phrase municipal government, municipal government or nonprofit finance. Add that right into their municipal right there where your cursor is, government or nonprofit. And you could also put it up above where it just talks about finance. Oh, sorry. You could use that phrase. Okay. Both places. All right, so let me. Yeah, thank you. In municipal. Comma. Okay, let's, let's get it all there. Comma. Government. Comma or nonprofit finance. So training expertise in economics, or experience interest in. So we're, we're distinguishing between actual training or expertise you might have. And experience or interest you might have in, particularly in these areas of finance, that seems okay. And you wanted to perhaps suggest putting it somewhere else. I think, does it really need to go anywhere else? If we want to be specific where the training and expertise is the word finance, we need to have the three words again. I'm not sure it's necessary, not public finance. The same bullet point we were in. After economics, we just talk about finance in general. I think it's fine. Yeah, I think it's fine. It's in general because you might have somebody who has a strong financial background, but not in the areas that we particularly are thinking of. But so. Okay. What do people think about this? This captures the, the wording that we are now putting into the interview question. I think that it should actually be part of the selection guidance. It will not be this time because you've already sent it out, but it's, we've agreed that that's what will be the case going forward. So unless I see any objections, I'm going to by consensus simply agree to this change. Okay. I'm going to save it. And again, I'm going to stop sharing. I'm going to put that. In my. File. All right. And I want to just put up here for a moment, the timeline. And did I. Good. I did do that. So chairs and completely lost his marvels yet. Let me. Share screen. Let me put this up here. Let's take a look at it for a second. So vacancy notice has been published. We voted the pool sufficient. The chair reached out to all eight. Current applicants and sent them the selection guidance. And instructions on how to complete it. There's the deadline. The deadline is actually Friday. Though. Just between you and me. I don't know. I don't know. I don't know what's going on between us. I could still have someone extended through the Monday morning when I finally send this to Athena. To be posted. But the official deadline that I give to everyone. I sent out a reminder. So far we've only received one SOI. I've had one candidate withdraw. So we're down. So we're down one. So the proposal is now seven. I'm not going to say anyone other than that. Than those two candidates, the one who withdraw on the one who sent the SOI. So I'm assuming that hopefully they still will send an SOI by Friday. We are scheduling the interview for interviews for 11 three for November 3rd. And the plan is to vote at that meeting. And that would mean it could go to the council by November 8th. And at that point I would notify all the candidates of the SOI. The current pool, as I said, has currently seven individuals in it. One has withdrawn. The current pool has six men and one woman. The ethnic breakdown is three Asian one Hispanic and three white. And just as a note, there was another woman who was in the pool. When I first sent out the request to everyone. In fact, this was an individual whom we interviewed and was a member of the SOI. So I'm assuming that this individual said that at this time, given her time commitments, she simply could not commit to the finance committee. So that's where we stand at the moment. Any questions about any of this? Okay. My understanding is that we are trying to move this forward because then calm will begin very soon. It's very serious deliberations and preparation for the coming fiscal for the current fiscal year budget that they'll be moving forward. So that's what I thought is that we'd like to move this forward. Okay. Yeah. I would just like to make a statement that I know this is in our, our. Policy now. That we can, we don't have to vote on the same day that we have the interviews, but we can. Right. I, you know, my brain works such that. You know, like it's. You know, I, I don't like voting the same day that of the interviews. I'm just putting that out there that I would prefer to vote at, you know, like have the discussion that day. But then vote another day, but you know, that's me. Okay. Well, again, it's not written in stone Darcy on that date after the interviews, it's certainly possible that the committee could decide. That they want to postpone and deal with it at a future meeting. So that's certainly something that could happen at the moment. This is what I'm suggesting as chair, but I'm just one quote. So, and we could change it now. People feel strongly, but at the moment I'm hoping that we can do it on the same day, but it's open to discussion and debate. All right. The next item up is the surveillance technology bylaw. And I'm going to pass the screen over to Mandy and she's going to put up, I believe, a split screen so we can work our way through this. And I'm going to. Right. Mandy take us through it. And so I apologize for the small stuff. But we're going to try and make things a little bigger. So give me. A little bit of time here. All right. Take your time. There's no rush. Okay. Thank you. Mandy, did you incorporate the suggestions made by KP law yet? That is why there was a split screen. So let me explain KP law. We only had a PDF version. And so we can't just show the KP law one to show what Pat and I have talked about and are agreeing to. And what our changes are based on the KP law. So we're going to try and make things a little bigger. I know the language is small. But hopefully. We can make one bigger or another bigger. But this will help hopefully see that we've done most of the changes of KP law all in one. Screen. So did you decide not to put in a purpose section? Well, I haven't started yet. We'll get there soon, but that's okay. Thank you. Thank you. Good question of just the process to Mandy and to Pat. Would it make sense for the chair when he reaches out to Paul to reach out to KP law to request that they please consider sending a word document along with their, or just send a word document. Is that something that you would like to be sort of the regular process so that when you do have to do this sort of thing, it would be a little bit easier. Is that something you'd like to pursue? I think for GOLs review, that would be easier. We wouldn't have to have two documents on the screen or be comparing two documents then. So the request would be the KP law submit there. I mean, there may be an issue from their end in terms of submitting a document that can be edited by somebody else under their name. So they may. But I can at least ask, maybe they'd submit to, to the, the, the PDF and then also submit a word document for us to just to the committee for us to work with, but I can ask. So. I think too would be a way to ask that the PDF so that they are comfortable with this is what we ended and a word document so that the committee can work more easily with their comments. So ask if KP law can also send a word doc. Okay. For GOL. Okay. All right. Would you like me to start? Yeah, please. So comment number one is number and lettering. And then there was also in the main, we got a letter and we got the, the marked changes. And in the letter, they talked about the lack of a purpose. And Pat and I talked about that. And based on Pat's experience with the by law review committee and what they were trying to do to. Make things consistent and with our other experience with some other bylaws. We don't believe a purpose is necessary. But if this committee would like a purpose, we have drafted one. And so the draft purpose is here. I'd like to look at it. I think I know what others think. But I would like to see a draft. I just look at the draft purpose and then we can decide as a general public. And then we think in terms of clarity. Action ability is being dealt with obviously by the lawyers, but from our perspective, clarity. I think it might be worth looking at. So what do others feel? Do they want to look at the purpose? Darcy, what's your thought? I always like adding purpose section. And it seems like it makes sense. To, you know, for the, for the general public to see like, you know, you know, you know, you know, people might be doubting it. You know, at least there's something there to tell them why it's there. Yeah. Pat, could you, if you, if you, if, if you're willing, would you speak briefly to why in the past, sometimes you felt the purpose is really not needed. Not necessarily for this bylaw, but just. Why are you comfortable? Review committee. Yeah. Right. Like purpose was not part of the actual legislation. I'm jumping, but I'm going to go there. They comment on, we don't have a severability clause, but that's also in our. Guidance on the bylaws that, you know, that. I forget where it is exactly Mandy, but the general bylaw interpretive guide discusses severability. I can go either way. I'm not. Yeah. So the basic idea is that a purpose statement is not actually part of the bylaw proper. And that that would be addressed. I take it in either a covering memo or in discussion or some other format. It's not that they don't think that purposes doesn't matter. Oh no. They just felt that it's not appropriate in the actual bylaw itself. So that, that's a strong. I think what they were trying to go for is some kind of consistency. And I would go either way. I don't, I'm not, this is not a place I'm hung up. I would probably venture to guess though, I don't know for certain that there probably are bylaws that do have purpose statements in them. So they, we did not go through. Okay. So it would be, we're already inconsistent. So. Right. So let's keep consistently inconsistent. That sounds about right for a GOL. Yeah. Yeah. You know, adding this per the purpose that we wrote. I'm fine with that as long as Mandy is, and unless you either one of you, the Darcy or you, George have any issue with what our purposes. I think the last clause. Need some kind of work because I don't think it makes. Let me read it out. Yeah. Yeah. Now it might make more sense. So Mandy, why don't you read it? And you can also correct it as you go along. If there's any corrections needed. I think I've just made the two that I missed typing. The purpose of this bylaw is to provide for the regulation of surveillance technology acquisition. Or the use by the city known as the town of Amherst. Or the use of the surveillance data it provides to safeguard the town of Amherst. Or the use of the surveillance data. Provide safety and security. Thoughts on the, just before we decided whether this should be added or not. Any thoughts about the language or in terms of clarity. Get rid of this. The. For the regulation of. The acquisition or use by the city known as the town of Amherst or the use of the surveillance data it provides. Yep. That'll make it clear. Okay. Any thoughts? Very simple. But direct. I think the one that was proposed by. By KP law was a little longer and more flowery as I recall. We simplified it. I guess I am someone who I hear both arguments. I understand from the point of view of the bylaw review committee. Why they, they argued the way they did. Yeah, let it go and just stick it in. It's fine. It's fine. Okay. All right. So I. No opposition from us. Just. I see your thought. Are you okay with it or not? Yeah. Yeah. No, I think that covers it. Okay. Good. So let, we will insert the purpose. And then changes are on. So now that becomes a and everything else. Okay. Fun. All right. And everything else will then change. Okay. Good. All right. Thank you. All right. Okay. Next. Next. This two exigent circumstances. KP law commented that significant property damage or a loss is not recognized in Massachusetts as exigent circumstances. So we've deleted it. And fixed the sentence so that it. The or is in the right spot. Okay. Okay. Okay. So. Marginalized communities. They had a comment in the memo about that versus protective classes. And the sponsors Pat and I want to stick with marginalized communities. We understand there might be some. Concern with KP law, but they didn't say it was. Not actionable with marginalized communities. But we do agree to adding the disability language in. In the memo. I mean, I'm trying to find it myself. I see. Right here. Protected persons. And are there two different state laws that those definitions come from? So marginalized communities is not in, as far as I know, is not in a state law. Which is why KP law would like us to move to protected persons. But. I think that Pat and I's concern is that protected persons is different. Then marginalized communities. And we want a more expansive protection. Or considerations. Surveillance technology by law oversight is oversight on. Surveillance technology. And there's considerations later on. And I think that's a good point. But in terms of. Surveillance technology. And there's considerations later on in terms of. When you're looking at its purpose and how it affects the community, we would like a more expansive. Inclusive groups of who. It could be affected that we need to consider than what protected persons would provide. So when they say. You know, You know, You know, You know, The net that you want to cast. Would actually not get some could potentially not have any kind of actual legal standing. Your response to that is. So our biggest concern is leaving out political perspective, right? We can go through as we go through and. Mention where the marginalized communities sections are used. But protected persons would not include political perspective. And. And you want to see an experience where surveillance is done specifically on people with a certain political perspective. And so if we go with protected persons, we're losing. One of the reasons to. Go with this. The need for oversight on this technology. So with that, particularly with political perspective in mind, you prefer the. Marginalized communities. Yes. Okay. And there's not an issue as far as we can see. There's no statement by KP law that this creates a action ability problem. It's just, they make an observation. You noted and you would prefer the broader language. Correct. Okay. All right. Any other thoughts? I'm looking at multiple screens here and multiple things as probably others are. So please just speak up. I can't see hands at the moment. So don't be shy. Just, just speak up. But if I don't hear any voices, I'm going to have Mandy just proceed to the next, the next item. Because I'm finding the screen difficult to read and that's nobody's fault. It's just very small print. So I have the memo open on my screen. And. Yep. So, so like I said, I'm, I'm trying to keep it large as large. It depends on which one we want to preference. Cause I could make one of these larger than the other. I think what matters to me is that the one that actually you are editing or could possibly large that. Yes. We're going to actually vote on. Should be as large as we can make it. Okay. So I think that's one of the issues where you're describing what KP law says versus what you're thinking. I think we can grasp that by just listening. And if we have to, we can look at it, but I really need to see the. The actual document that we're going to vote on. Okay. So here we go. I've made the other one larger. Thank you. So the next one they commented on is this video and auto audio monitoring. They did not propose language. They were wondering if that in was intended to include. Body cameras and. Car cameras. And yes, it is. You know, so for the purpose of the surveillance technology by law, surveillance technology includes. Cruiser cameras and body cameras. So their comment wasn't anything other than does it. And is it clear? And. If you read number nine were. It's clear it's such as surveillance cameras, vehicle cameras and wearable body cameras. Good. So they raised the concern, but you point out that it's there and it's already there. Yeah. Fine. Okay. All right. Okay. So the next parts where they talked about things. Was in the surveillance technology that does. In what is not included in surveillance technology. So the exemptions. And they had some language changes and we took both sets of language changes in nine and 10 were fine with them. Now. So. I'm following their memo, which is perhaps not a wise strategy. We haven't gotten to the one thing they talk about in the memo. That's on the next page. So they do mention public records law. They mentioned exceptions. Those comments are on the next page. So. Okay. And the other edits we see here in red are simply wording. Exactly what KP law suggested. Fine. Okay. And you had no trouble with that. All right. No. Okay. So number 12. Is again, where KP law wasn't sure what we wanted. Their comment was. If police cruiser cameras and body cameras are to be excluded. They would put it in number 12. We're not excluding police. We're not excluding police cruiser cameras or body cameras. So there's nothing to do with number 12. Exactly. Okay. So then they get down to the surveillance use policy comments and the definitions and what needs to be included. The language they suggested changing in the first part of number seven. We took. So we accepted that language. And G is not on this page, but. So we'll go to the comments and F data retention. So just. Can we just go back to seven for a second? Yep. Approved by the town attorney. As to form. As to form. And you had the town manager as well. But they didn't discuss why they changed it. But my assumption is the town manager is submitting it to the council for approval. And so in theory that. Logically means the town manager approves of it. Right. Like, why would he submit. Right. The policy if he doesn't approve of it. And then the limit on use for the town attorney is form. So I think. Hey, he lost and just did a restriction on the town attorney's. Authority. And we're fine with that. Okay. All right. Number F data retention, that section, the comments that KP law made, which I've tried to make big on my screen, comment, number six, and number seven. We believe both of those relate not to the purpose, not to what needs to be in the bylaw. But what, when, if this is adopted, what, when the manager submits their use policy to the council and they didn't identify any data retention in this language that would conflict with state law. And so I think their point was when you create data retention use policy language, it must comply with state law. And here is the state law. So we didn't make any changes because we felt it was more a comment towards the manager's drafting of a surveillance use policy than the language we've got included in the bylaw. So you took this as basically advice to the town manager. Yes. Not and what's your sense of how they took it. Be reminded that most records created by government official must be kept for seven years. Your point is that this is not in the bylaw and you're not in the bylaw. This is something simply the town manager must be aware of and make sure that he follows state law. Right. Because F says the data, you know, the policy must include the data retention, which means the limited time period, if any, that the information will be routinely retained. And so I think her comment was that time period must comply with state law. And you don't see any point in inserting a reference to that in the bylaw since that can change. And it's, I mean, I think it can change. Right. It's not. Okay. Okay. They didn't identify that this language would be problematic to comply with state law. So good. All right. And then people, please speak up if you have any questions or concerns, but please proceed. No, hold on. Yeah. Oh my goodness. Sorry about that. I did something. So G, I'm just trying to make sure because I'm on a regular basis. I'm just trying to make sure that I'm on a regular basis. I'm just trying to make sure that the changes they requested. This language you see in red is the language that they. Asked for. Related to comment seven, the public records law exemptions would apply as appropriate. So, you know, public access. So we added the language, which I assume was there. Request for to address comment number seven. All right. Okay. So H. They wanted to clarify the term it. I understand, but aren't we the city formally known as, or does that something we can just definition in the first section identifies town of Amherst as the city known as the town of Amherst. The reason the purpose that uses the word, the, the full thing is because it comes before the definitions. Thank you. All right. Thank you. Okay. So, I'm going to go back to page B. We're now what is now C. And number two, we added their language and we got rid of the extraneous comma. So exactly what they asked for in what is now C2. And then exceptions. I'm going to page to the other page. The red language you see here. Is what KP law suggested they did have a comment on exceptions. And they said, I'm not aware that the chief has been consulted with concern. Concerning the proposed bylaw. And they said useful to try and brainstorm whether there are other circumstances that should be exempted on anticipated security threat or in issue. You know, we do have an exigent circumstances section, right? That allows the police department to do stuff with regard to exigent circumstances. And we have two, two, two, two, two, two, two, two, two, two, two, two. I just argued for that potentially. But one thing we thought was we won't we brainstormed a lot with the chief with all the comments we received at TSO. Don't know more until this goes into effect and bylaws can be changed. So that was our response to that comment. Okay. But we can see that there are a lot of issues with the public. So that's an issue. And the actual ability is not an issue. So if this came up at council, it would be over the merits, not, not the, the form. Okay. So we realized exigent circumstances is a defined term. So we capitalized it. The comment regarding that was see their comments regarding the definition. We fixed the definition. Right. So good. We accepted their adding of police chief in. I don't know why it didn't change so I will change that because that should be E but I will figure out a way to that's odd that's what computers are for I'm supposed to do this sort of stuff without having us do it for them okay okay so that should I think it should be E yeah I'm not sure why that they must have gotten broke somewhere so two surveillance technology they had a comment on a note that there may be security implement implications for the release of specific types of technology and the potential for security breaches including hacking so we decided to just delete that one completely so we deleted a which is information describing the surveillance technology how it works including product descriptions from manufacturers because of these security implications and potential for hacking you agreed with KP law that that should probably be taken out that should be taken out so our solution to those concerns was to just delete the whole need to describe that information in an impact report can you explain that a little bit Manny because I don't understand that okay so what what KP law is saying is if we require in a because these impact reports um are public records anyone can hunt have them right and so if we have in an impact report the description of how the surveillance technology works um that would be that open to hackers or anybody else to get the information about how it works and therefore use it against the town uh in term you know in terms of of how it records records or anything else I'm sorry Manny no you're right pat that's what I was gonna say so okay that information private will hopefully protect the town from um hacking um you know the ability to turn cameras off if they know exactly what um software camera is using to connect to something or to record something to to get in there and disable it um things like that and your emphasis that I take it is on the impact of these uh and making sure that they don't cause harm to the public um and so this does seem to be information that's certainly not relevant to that as far as I can see and does have potential harm to the town um from people who are malicious and want to cause right so I think I can see that okay yeah I guess I it seems a lot like I don't know maybe I don't know enough about this it just seems like the product descriptions are key to assessing whether or not they would violate this policy um in what way Dorsey I don't I don't see it I mean well I think the whole idea is that we're you know like our procurement office would be considering purchasing something and in order to figure out whether it you know what kind of report had to be done you'd have to have a product description right um but I I I understand the other argument also about hacking so I I guess I'm just wondering how how you would somehow rather the information about the product description has to get out to staff so but it doesn't make sense to make it available to the public I guess so I I'm wondering are you talking about directions for use versus how the system works internally I I guess the latter um because no I don't think there's any staff person this is my opinion and I don't really know I don't think there's any staff person that needs to know how their computer works um but they um internally but they need to know how to use it um and those seem like different things to me I don't need to know how the system is connected to the Hujimugi um but how to use the system and the impact of the use of that so go ahead Mandy I'm sorry what I was going to say is we have to remember this this part was under the impact report and the impact report is to try and figure out how um the use of the system as Pat was saying is going to impact particularly marginalized communities um which and and the town which includes the location of them you know are they only being put in certain areas and not other areas um why are they being put in those areas and not other areas um are they being targeted to certain communities or not um and financial cost right because what one of the things the town council that this bylaw asks the town council to determine before they approve the use is is the cost of the the technology worth the that balancing effect worth the cost of using that technology worth the privacy impacts to the town and the town's residents so you don't necessarily need to know how the technology works um in order to make that impact determination okay I'll I'll take your word for it I don't I I uh yeah that's fine so all right go ahead I was just going to move on to what was C and is now B this is one of the places that marginalized communities is um referenced um you know and and it's referenced under the impact report that in has to include any potential adverse impacts the technology might have on the civil liberties and civil rights of individuals communities groups including marginalized communities in the town so you know it's not just marginalized communities it is any individuals communities groups and then we include in that specifically marginalized communities um which Pat and I don't think necessarily results in a need to change that to protected persons or protected classes I forget what it was okay as you saw I was moving through and changing these big letters as we go through right right um so I think these finally changed on gh now and I will make sure before we send them on that those are changed okay um the next thing was something in what is now h I think this looks like just letter changes yeah those well yeah so f f yeah g is now I'm trying to figure out hold on so what was e is standard of approval d exceptions oh wait I changed things too much hold on yeah this supposed to be e I'm gonna have to go back and fix to make sure so e is surveillance f is now standard of approval right g is compliance g is compliance and in compliance no and h is oversight and in oversight there was a deletion of an n yes um and I think I'll check to make sure all these changes are actually to the correct letters um i is surveillance technology and then j is enforcement they suggested changes to the language um there wasn't comments to that just suggested changes we accepted the suggested changes so all the red you see was what they suggest kp law suggested um that is the same in two okay and the known as in the cited here in we did not take the change to from using sec as an abbreviation for section to using the symbol because our bylaws don't actually use the symbol when we're referring to sections so we kept it sec um and then they had a request for severability and as pat talked about with that one our bylaws already have a severability clause um if you give me a few moments I can probably pull it up um but we don't feel we need one the reason to put it in the general it's in article one actually of the bylaws right come on I'm saying um interpretive guidance yeah and so we don't and the reason to put it there was so that not every bylaw had to have the exact same severability phrase um and so we we basically did not add that severability clause in because it's covered somewhere else in the bylaws okay that sounds right could we just look at I the the the first uh just the change that you made I'm assuming the violation doesn't change the meeting yeah the violation um they might have they might have had something in there you know we took what they changed you know so we had any violation of this bylaw constitutes an injury and any person may institute proceedings for injunctive relief declaratory relief or writ of mandate um to enforce the bylaw and they changed it to any violation of this bylaw may be enforced again a typo here um through any means in law or equity provided however that the following conditions must first be met so law equity is declared you know equity is things like injunction declaratory relief writ of mandate um you know um so that's that the law or equity phrase sort of includes those other phrases that were up there and so it doesn't change the meaning it we didn't necessarily think it did um I don't see that they just discussed that in their memo but the fact that you said constitutes an injury um I don't know what I I think the objective to that looks like it's pretty much the same it's I think it's basically the same um with more standard language I think they're trying to standardize the language and proper legal lingo as opposed to uh right so that was our changes okay all right so that is uh everything all right yes all right um some of these references that's why they're highlighted thank you mani for taking us through that um thank you for showing the screen so that we could compare um I'm prepared to uh make a motion I'm going to give Mandy a moment if she wants to just just want to make sure I caught them all that take your time that's all right annual surveillance report I want to make sure is the right oversight is is now h okay so I before we go to a vote um I would send both a red line and a clean copy to to uh Athena to be put in the packet whenever this goes on the agenda I'm not sure it needs both you think just a clean copy is sufficient yeah because this is a brand new right right it's not being compared to not changing anything in the bylaws so I think a clean copy is sufficient is sufficient all right um I assume that the uh well certainly the the memo will be included in the packet um actually a good question um for us to just and for the chair to ask which is when I send this sort of thing normally I send obviously the the appropriate text the clean of text the vote of text but I assume also we should include at least the memo from KP law sort of the summary memo right that I've been following as we make a make a way through here that should be included in the packet yes is there anything else that should be included that anyone can think of that we would think would be useful um I don't think the detailed comments because they we've gone through that they've been incorporated or not incorporated um and in those places where there are differences I can try and capture that in my report um so perhaps it's just this um memo that's sufficient I think from GLL's purpose Pat and I will probably include maybe the original memo we wrote or an updated one okay so you you would send that as the sponsors yeah that's as fun I would send the KP law memo and the final version of the bylaw okay all right if you could just scroll up yes good it's right there um so I'm prepared to make a motion that GLL declare clear consistent and actionable the surveillance technology oversight bylaw as amended this day October 20 2021 second any further discussion that is I take it the correct title surveillance technology oversight bylaw thank you all right so motion's been made it's been seconded I see no hands up so I'm going to proceed with Pat Darcy yes Mandy I and the chair is an I and so the vote is four in favor none against and one absent um and I will send this on with the memo to Lynn and she will uh put this on I don't think it would go on Monday I don't know that's Lynn's Lynn will decide that whether she wants it I think it's November probably yeah it is November okay it's already on an agenda good okay um I'm going to leave the meeting I don't think that's fine no Pat I was going to ask forum if I'm gone yes we do we do we understand thank you very much okay all right so what we have um now is uh two resolutions I wanted to start with the Amherst College one first I think we'll be able to get through both but um it's 1135 we made good progress so I'm going to put the Amherst College resolution up on the screen actually let me and Mandy's had a first crack at this I'm going to stop I'm going to stop that for a second okay all right so share a screen let's try this again there we go okay um so you're having your screen Amherst College 200th anniversary celebration proclamation this was submitted by uh uh President Grissimer she is the sponsor so the first thing I would suggest and I'm going to make the changes here because um that's my job right um so let me just get this tracking open tracking is on uh normally we would put sponsor correct yeah and uh whoops let's get back here so um I think we always say counselor Grissimer thank you that is correct and counselor Grissimer and it's actually council sponsor there is no community sponsor that I'm aware of so I'm just going to give a little space there so council sponsor is council and Grissimer we're going to go through this item by item though Mandy's already put a critical eye over it whereas Amherst College was founded in 1821 to educate quote indigent young men of piety and talents and quote with the intention of enrolling students who might not commonly have access to higher education and whereas Amherst College continues his mission through a deep commitment to issues surrounding inclusivity comma a sense of belonging comma diversity comma environmental sustainability and impact comma and responsible stewardship and whereas today Amherst College educates a talented comma diverse student body with 48 percent of the current student body self identifying as students of color and whereas Amherst has an impressive history of first in quote including the world's first intercollegiate baseball game the country's first collegiate athletics program and the nation's first undergraduate neuroscience program and whereas Amherst College celebrates the importance of liberal arts and the necessity to teach critical thinking skills offering undergraduates 41 majors in the arts humanities natural sciences and social sciences and has a student to faculty ratio of seven to one and whereas Amherst College is over 150 student organizations and the oldest athletics program in the United States with its athletics teams holding 76 NCAA division three individual titles and 11 team championships and I think that's right we want to paragraph yeah that's right that's okay that's why we do it whereas Amherst College is known as the singing college due to plethora of acapella groups dating back to 1927 I didn't know that and whereas Amherst College alumni include a U.S. president Allen Coolidge 30th president of the United States 1923 and 1929 a supreme court justice Harlan fist stone 1894 sixth Nobel prize laureates with its five alumni giving it one of the highest proportions of Nobel laureates among graduates out of any undergraduate institution worldwide comma 20 road scholars and numerous ports of prize recipients the carter fellows and winners of the academy Tony global globe and Grammy awards and whereas Amherst College students faculty and staff contribute to the like vivacious life of the town of Amherst by living out the college's motto terrace irradiant for those of you don't read or speak latin that means they shall enlighten the lands actually I believe that is future tense not subjunctive but that's all right we'll let that pass unless it is yeah anyway now therefore the town of the town council of the town of Amherst recognizes and congratulates Amherst College on its 200th anniversary and wishes the college many decades of continued success as a leader in liberal arts education period all right I didn't see anything going through that anyone catch anything I think we should put it whereas whereas Amherst College endowment is we would really like to tap into with with hands a picture of hands outstretched right yeah I'm afraid that probably wouldn't pass muster with Lynn but okay so I have no problems with this I thank you Mandy for taking the time to go through it and put it in proper form if there are no further comments or questions I'm prepared to make a motion to declare the Amherst College 200th anniversary celebration proclamation to be clear consistent and actionable is there a second second and seeing it's been seconded and seeing no further comments I'm going to go immediately to a vote um and start with Mandy hi Darcy yes in the chair is an eye the vote is three to zero with one with two absent all right so I'm going to stop sharing I'm going to move that over to the to-do list actually I'm going to um suggest let me just do this now I'm going to on tracking and I'm going to accept all changes I already turned out tracking but okay thank you and I'll play with the form of that later okay all right I'm going to then put up with your permission the Hampshire college proclamation again Mandy has very kindly looked at this in advance so that should help us get through it fairly quickly um and so that is up on the screen here here my understanding is we have a we do have a resident sponsor and that is uh Ken Rosenthal um this is a question for the committee um I could put we could postpone this until our next meeting um and that would give me the opportunity to invite Mr Rosenthal to be present when we go through it my understanding this is not on a it doesn't have to be before the council on November 3 it could come at a later council at the next council meeting um I simply given all the things I've been doing and um I did not have the opportunity to reach out to him in advance and also quite honestly because of the fact that we had both Fincom and uh the technology by law I was unwilling to begin our usually begin our meetings with these proclamations as a courtesy to visitors um and since he would have been the only visitor and I was unwilling to begin the meeting um just because of concerns about time so what's your thought we could just go through this I'm not sure that Ken would be all that upset but I did not invite him um both because I forgot but also because I felt yeah it's um I was worried about time did Ken write this I do not know or has he seen it I do not know so maybe that's another reason for me to just suggest that we postpone this to our next meeting while I have opportunity to reach out to him and find out if a he would like to be present and uh be so again I believe the council sponsor is Lynn okay we should add the council sponsors in before you reach out to him all right so let's let's do that um I mean I guess my thoughts are um hopefully Lynn talked to him and didn't just make this up yeah I'm sure I'm sure yeah and so the changes that are suggested are nearly identical to what was in the Amherst College one we could add the council sponsor um and the resident sponsor I guess it was or community sponsors how we word it okay we could vote and if he's got problems or wants more changes after that it could come back but if not yeah it could just go on to the council then okay so you're suggesting yeah go ahead the assumption that he has seen this now and if he hasn't and wants some significant changes it can come back come back to you we're just more efficient fine I agree okay that's a good suggestion if Darcy okay with that so we just go through it quickly and uh vote on it and I will then reach out to Lynn and to Ken and tell them this has happened and if Ken has any concerns or would like to come to the to the GOL uh we'll just put it on another agenda and we'll look at it again sure okay good all right so um again thank you many for doing the the the initial legwork on this so whereas Hampshire College was founded in 1965 by consortia of Amherst College Mount Holyoke College Smith College in the University of Massachusetts Amherst with the purpose of rethinking the assumptions and practices underlying liberal arts education and whereas Franklin Peterson Patterson excuse me interim president of the University of Massachusetts and first president of Hampshire College and Charles Lungsworth second president of Hampshire College quote comma wrote the making of a college plans for a new department higher education in 1966 that included many of the innovations that have been realized in Hampshire College's curriculum including an emphasis on each student's curiosity and motivation comma broad comma multiple multiple excuse me multi disciplinary learning comma and close mentoring relationships with teachers that is a mouthful um we may want to consider if we can break that up but maybe we can't any thoughts on that is that maybe that's just the way it is I think it's fine okay I think it's just the way it is the extra commas help fine whereas with the six million dollar donation worth about 50 million today from Harold F. Johnson the Hampshire College trustees purchased 800 acres of orchard and farmland in south Amherst to be the home of the new college began began constructing the camp its campus and admitted his first students in 1970 okay um when did they begin construction there's no date for that I assume it's night and so they wrote an article in 1966 they in between 66 and 70 they constructed enough to admit students yeah so I just yeah it'd be nice to have the actual but that's all right okay whereas two-thirds of Hampshire College graduates earned an advanced degree within 10 years of commencement comma with his graduates having earned 23 full-bite scholarships in the last nine years placing Hampshire among the nation's best schools for these awards and Hampshire alumni won Pulitzer's Hillman prizes Emmy awards Academy awards Peabody's and Grammy awards and whereas its graduates are known as change makers in all right the arts including producing acting filmmaking and literature business creating such ended prizes as Florentine film stony field farm applegate farms and seventh generation okay in business the arts okay nonprofits fostering organizations that serve new immigrants I think we need to delete the space between the dash and nonprofits in the p okay um thank you government serving as members of the united states pre-us president's cabinet foreign policy advisors ambassadors nasa scientists and state officials town managers and other local officers okay academic and research leaders in the sciences medicine environmental law and technology and whereas Hampshire college continues to fundamentally reshape liberal arts education to match the needs of today's students and the world by implementing innovative quote learning collaboratives unquote which are transdisciplinary structures designed to address timely topics such as climate change injustice truth and media and technology and healing trauma okay and healing trauma okay and whereas Hampshire college has been a leader on climate action being the first residential college to be able to receive 100 percent of its electric power from solar in 2016 is now the only campus in the world with two certified living buildings the rw current center and the Hitchcock center for the environment and whereas Hampshire college has been a strong community partner for the town of amherst through its careful stewardship of farmland providing a home to the utish book center comma the eric carl museum of picture book art and the Hitchcock center for the environment and taking the extraordinary step of offering a campus dormitory to house vulnerable people experiencing homelessness in the early days of the coveted 19 pandemic and whereas Hampshire college faculty student staff and graduates have become mainstays in the local governance and economy including amherst books black sheep deli and iron horse cafe and whereas the model Hampshire college not whoops that's non sati scary okay good thing you have a latin mistery guys all right um non sati scary to know is not enough okay uh all right it is as relevant today as it was at its founding now therefore the town council that other town of amherst recognizes and graduates Hampshire college on its 50th anniversary and wishes the college many decades of continued success and radically reimagining liberal arts education again i think i see no problems except for the little latin mistake um and other than that anybody therefore i'm prepared to entertain a motion to declare the Hampshire college 50th anniversary celebration um title is just talking about the title for a second what is that what's a celebration slash we're not celebrating any just put a space there instead and then check the amherst college one to make sure it's the same well i know the amherst college didn't have it because i would have caught it um unless we're planning to have a celebration and now at town council we're gonna gather on on the lawn and and all whatever do whatever we do in a celebration i think it's the anniversary celebration proclamation so the Hampshire college 50th anniversary celebration proclamation correct thank you that is what i would assume it is so with that title i'm prepared to declare this proclamation to be clear consistent and actionable the go else declare this to be clear consistent actual i'll second that motion all right we have a motion it's been seconded seeing no further comment i'm going to go immediately to vote and this time we're going to let the chair vote first the chair says i darcy yes and mandy i all right the vote is three to zero with two absent to declare this proclamation clear consistent and actionable excellent so let me stop sharing let me um just accept all changes and stop tracking and let me move this over to the to-do pile all right we have a set of minutes october 6 2021 i have looked at them i had no problems anyone have concerns or issues with the minutes i can put them up on the screen if you wish um but if you have no problems or issues i'm prepared to entertain a motion to declare the 10 october 6 2021 draft minutes geowell minutes to be to be accepted or to accept them whatever i don't know it's one of those days it's just starting to adopt them yes to adopt them um all right uh so the motion has been made and it's been seconded and i'm going to go to a vote and this time i'll start with Darcy i i have to admit i didn't read them so i think we have two votes here so that we'll do it right if i abstain i i i guess i don't know um abstains don't count for these things so so there's no no's it'll pass right and at least one yes that's the one yes that is true so we have an abstain um uh mandy i and the chair is an i so it's two uh in favor none opposed one abstain the minutes are accepted and i will send them on to Athena future agenda items anybody um we may i'm not aware i mean we did have something i actually helped me here we did have something referred to us by the council at the last council meeting does anyone recall does the chair doesn't does anyone recall i'll guess i'll go back and dig it out um i don't have my notes in front of me i don't think um that's why we had something referred to us i think it was the performance show i thought that was finance and no it wasn't no it wasn't yeah i'm sorry i should have i um hung it up and put it on an agenda no okay that's all i will i just i was hoping someone was more compost mantis another latin phrase by the way uh more compost mantis than i um good so the chair has agreed um but he will not get to it until after november 2nd that you can be assured of the chair has agreed to um put together report on bylaws for future consideration to be reviewed by the committee um before we submit it to the council a fair amount of work on that has been done already by all of you especially mandy um and but that's a promise i've made to you we do have some other things to do just getting our house in order in preparation for the new council and so that's also on my agenda of broadly speaking so hopefully next time um i can give you some kind of update on that what needs to be done and whether i need any help doing it um so just going through and our existing policies you know so now that you have time for this and i certainly don't at the moment but at some point soon we probably all should just take a look at our website look at the policies and and documents that are there and if you have any concerns or questions that's something we should bring up but the two things right now that i see primarily are the uh long overdue report on the bylaws and our attempt to get everything in order before we pass this on to the next council so there will also be potentially more zoning bylaws coming for review all right well that we'll deal with as it comes here i'll keep you up of crc i'll keep you updated on that i see no public presence so um there is no public comment um and uh it is 11 56 and i think we did an excellent job um i appreciate the two of you uh helping and so um i'm prepared to adjourn this meeting take care all bye bye