NORTHAMPTON — Two members of the city’s Human Rights Commission have resigned, citing ambiguity regarding the group’s powers and a lack of guidance from Mayor David J. Narkewicz.
Carolyn Toll Oppenheim and Jordana Amato each submitted letters of resignation to Narkewicz on July 1. Both women expressed concerns over the commission’s relevance since 2014, when the city adopted a new charter, and what they say is a subsequent lack of direction from Narkewicz.
Amato wrote that the commission has largely “felt immaterial, stagnant and without direction.”
Narkewicz said Sunday the commission’s role was clarified during the reorganization under the new charter as being an advisory rather than an adjudicatory or investigative body. He said he is confused by the concerns otherwise, because the role is well defined.
The mayor and City Council may refer issues pertaining to human rights to the commission for review and recommendation, including when drafting human rights-related resolutions, for example. The commission also may organize programs and events to educate the public about human rights, according to its mission.
Tensions flared on the commission in September when Hotel Northampton workers considered forming a union. The commission was interested in starting an investigation into the claims of some workers and advocates that hotel management used intimidation tactics to convince workers to vote against unionization, resulting in the majority of employees voting against the union.
But City Solicitor Alan Seewald issued a legal opinion saying the commission does not have investigative authority under the new City Charter adopted in 2014.
Narkewicz said under the previous charter, the group would hear complaints from city residents about potential violations of human rights and try to provide guidance.
“Once this official complaint process was removed from our focus and a new mission was not put in its place, I have struggled to find relevance while on the commission,” Amato wrote.
Both Amato and Oppenheim expressed disappointment regarding the city’s handling of the commission’s involvement in the Hotel Northampton dispute.
Oppenheim, who at the time was chairwoman, wrote that she felt a lack of encouragement and guidance from Narkewicz about how the commission ought to deal with the hotel workers’ concerns.
“This felt intimidating, with no encouragement from you — at whose pleasure our commission serves — on how to properly take up the issue,” she wrote. “It would have helped if you had communicated with us directly to clarify.”
Narkewicz said Sunday that his chief of staff, Lyn Simmons, spoke frequently with them whenever questions were raised on various issues, including the Hotel Northampton dispute. He said he asked Seewald to offer commissioners guidance and that guidance was “accurate and sound.”
The mayor said the big issue, as he sees it, is that there had been confusion or ambivalence about what the commission’s role was prior to the adoption of the new charter.
He said occasionally there was a question as to whether the commission was supposed to act as an information and referral resource or was supposed to also take action on the complaints. That issue was long-standing, he said, but was made clear during the reorganization.
Narkewicz cited the issue of privacy as an example of why the commission better serves as an advisory board. He said because a city board or commission is a public body, all of their meetings and documents must also be. Therefore, he said, the commission could not grant citizens the kind of privacy they might need.
He suggested that Oppenheim and Amato resigned because they “didn’t like or felt constrained by the roles and responsibilities of the commission,” rather than a lack of clarity and guidance.
He said he sent them each letters thanking them for their service.
The commission now has four vacancies, with two left by the resignations of Gwen Agna in October and Julio Capo in March.
Agna cited personal reasons, while Capo did not give any reason in his resignation letter.
Narkewicz said Agna’s and Capo’s resignations did not appear to be motivated by the feelings expressed by Oppenheim and Amato.
“People resign or step off of boards and commissions all the time,” he said, saying many are simply routine turnover.
The commission can have up to nine members. Commissioners are appointed by the mayor and must be confirmed by the City Council.
Narkewicz said he is currently reviewing three to four applications to fill the vacancies. Interested Northampton residents may apply to serve on the commission via the city’s online application.
Oppenheim’s term would have expired in November 2017 and Amato’s term was set to end in June 2018.
