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Meeting Minutes: Legislative Matters Committee of the Somerville City Council

Meeting Date: Monday, September 8th, 2025 Governing Body: Somerville City Council, Legislative Matters Committee Type of Meeting: Committee Meeting (Remote Participation)

Attendees: * J.T. Scott, Chair * Lance Davis, Councilor * Ben Ewen-Campen, Councilor * Will Mbah, Councilor * Naima Sait, Councilor (Absent) * Kristen Strezo, Councilor (Absent) * Clerk Forsalese, Clerk * Director Singh, Mayor's Office * Commissioner Salerno, Election Commissioner * Megan Arruda, Elections Department * Solicitor Amara, City Solicitor * Assistant City Solicitor Shapiro * Jack Connolly, Former Alderman * Kim Wells, City Clerk * Michael Poteer, Licensing Operations Manager

Executive Summary

The Legislative Matters Committee convened to discuss two primary items: the potential adoption of Massachusetts General Laws Chapter 53, Section 18B, concerning pre-election notification for ballot questions, and the acceptance of Massachusetts General Laws Chapter 138, Section 12D, to allow wine and malt beverage license holders to convert to all-forms alcohol licenses. After extensive discussion regarding the feasibility and implications of adopting MGL Chapter 53, Section 18B for the upcoming election, the committee voted to discharge the item without a recommendation, allowing for further discussion by the full City Council. The committee unanimously recommended approval of MGL Chapter 138, Section 12D, recognizing its potential to simplify and enhance the city's licensing framework.

1. Approval of Minutes from July 1st Meeting

• Discussion: No comments were raised regarding the minutes from the July 1st meeting.
• Action: The minutes were laid on the table for approval at the end of the meeting.

2. Order from Councilor Mbah: Acceptance of MGL Chapter 53, Section 18B (25-1373)

• Description: An order from Councilor Mbah proposing that the City of Somerville accept the provisions of Chapter 53, Section 18B of the Massachusetts General Laws. This section defines a process for pre-election notification of citizens regarding the content and arguments for and against ballot questions initiated by a government body.
• Sponsor's Introduction (Councilor Mbah):
  • Councilor Mbah introduced the item, noting it was brought to him by a constituent, Harriet, from Davis Square.
  • The state law makes this procedure optional for cities, even though the state itself must follow it for its own ballot questions.
• Public Comment (Jack Connolly, Former Alderman):
  • Mr. Connolly, a former elected official for 33 years, emphasized the importance of transparency and voter information, especially concerning the proposed new city charter.
  • He highlighted that the new charter, a major revision since 1899, lacks the pre-election notification process found in MGL Chapter 53, Section 18B.
  • He cited examples like the 2022 "millionaire's tax" and 2000 recreational marijuana ballot questions, where the Secretary of State sends out summaries with proponent and opponent viewpoints.
  • Mr. Connolly stated that 49 out of 59 cities in Massachusetts have adopted this provision (a figure later disputed by administration staff).
  • He urged the City Council to adopt MGL Chapter 53, Section 18B to inform voters about the charter and any future ballot questions.
  • Key Quote: "What the new revised charter does not contain is chapter 53, section 18B of the general laws, which would require the city to send out a notice prior to the election on not just this charter, but any ballot question that should come up not only now, but in the future."
• Administration's Position (Director Singh, Mayor's Office):
  • The administration is open to discussions on adopting MGL Chapter 53, Section 18B but believes implementation is not feasible for the current year's election cycle.
  • Concerns include:
    • Timelines and Deadlines: Election Commissioner Salerno and Megan Arruda (Elections Department) would elaborate on statutory deadlines.
    • Budgetary and Administrative Impacts: An estimated $40,000 cost for mailing to approximately 33,000 households.
    • Logistical and Neutrality Concerns: Solicitor Amara and Assistant City Solicitor Shapiro would address issues related to selecting proponents/opponents and maintaining neutrality.
  • The administration is aligned with the goal of informing voters about the charter ballot question and can develop a voter information plan (e.g., website, city hall meetings) without opting into MGL Chapter 53, Section 18B, ensuring compliance with OCPF guidelines.
• Election Department's Concerns (Commissioner Salerno & Megan Arruda):
  • Timeline Challenges:
    • The deadline for the State House to approve the charter is September 30th, which is also the due date for the exact ballot question text to the Elections Office.
    • Ballots are typically ordered after the recount timeline ends (September 22nd for this election), but the charter question's approval delay pushes this back.
    • A constituent-presented question also has a challenge period in early October.
    • These delays significantly impact the ability to prepare and mail voter guides before early voting begins (around October 4th).
  • Early Voting Conflict: If voter guides are mailed after early voting ballots are cast, voters cannot recast their ballots, potentially rendering the guide ineffective for those who voted early.
  • Comparison to Framingham: Framingham, which has a charter question on its November ballot, began preparing and printing its voter guide a year in advance, demonstrating the necessary lead time.
• Legal Department's Concerns (Solicitor Amara & Assistant City Solicitor Shapiro):
  • OCPF Guidance: Governmental resources cannot be used to distribute voter information commenting on the substance of a ballot question unless MGL Chapter 53, Section 18B is adopted.
  • Neutrality: The City Solicitor is tasked with creating a neutral summary, which can be challenging and may not satisfy all parties.
  • Lead Time: Emphasized the significant lead time required to accurately research and prepare "pros and cons" for three different ballot questions, especially the charter, which was a collaborative effort.
  • Current Ballot Questions:
    • Two questions (four-year mayoral term and charter itself) are still pending State House approval (deadline September 30th).
    • The "Palestine ballot voter petition" has been certified by the Elections Department.
• Committee Discussion:
  • Councilor Ewen-Campen: Expressed strong support for informing voters but was compelled by the administration's timeline arguments, suggesting that adopting the provision for this election might lead to an "ugly mishap." Favored adoption for future elections.
  • Councilor Mbah: Reiterated that voter education is paramount and cost should not be a barrier. Supported adoption, emphasizing the need for transparency.
  • Councilor Davis: Acknowledged the administration's logistical concerns but questioned if the administration had previously considered adopting this section. Asked about the possibility of adopting the provision with a later effective date.
  • Chair Scott: Expressed frustration that the issue was not addressed sooner, given the charter review process. Believed the $40,000 cost was not prohibitive for the city's budget. Inclined to favor adoption but recognized the time constraints.
  • Legal Department Clarification: Confirmed that adopting the statute with a future implementation date is likely possible. Also noted that the charter itself contains language allowing for its postponement to a subsequent election if state election requirements cannot be met.
• Motion: Councilor Davis moved to discharge the item without a recommendation.
• Vote on Motion to Discharge without Recommendation (25-1373):
  • Councilor Davis: Yes
  • Councilor Mbah: Yes
  • Councilor Ewen-Campen: Yes
  • Councilor Scott: Yes
  • Outcome: 4 Ayes, 0 Nays, 2 Absent. Motion Passed.

3. Public Communication from Former Mayors and Elected Officials (25-1335)

• Description: A public communication from several former mayors and a former elected official regarding the adoption of MGL Chapter 53, Section 18B.
• Action: Placed on file.

4. Licensing Commission Requesting Acceptance of MGL Chapter 138, Section 12D (25-1317)

• Description: A request from the Licensing Commission for the City of Somerville to accept Massachusetts General Laws Chapter 138, Section 12D. This provision allows current wine and malt beverage license holders to apply to convert their licenses to non-transferable all-forms alcohol licenses.
• Introduction (City Clerk Kim Wells & Licensing Operations Manager Michael Poteer):
  • The state legislature made this option available for cities and towns.
  • The Licensing Commission unanimously supported making this opportunity available to licensees.
  • Explanation of License Types:
    • Alcohol licenses are allocated by the state, originally based on population (quota licenses).
    • Additional licenses were granted for specific areas (Assembly Square in 2012, "enhancement" and "transformative" areas in 2016).
    • MGL Chapter 138, Section 12D allows existing wine and malt beverage license holders to convert to all-forms licenses.
    • This conversion does not impact the number of available "all-forms" licenses, as the converted license remains within the "wine and malt" bucket.
• Committee Discussion:
  • Councilor Ewen-Campen: Expressed strong support, noting positive feedback from constituents.
  • Councilor Mbah: Inquired about the current number of wine and malt vs. all-forms licenses in the city and any state caps. Michael Poteer offered to provide specific numbers later but clarified that this measure is forward-looking and aims to simplify the conversion process for existing licensees.
• Motion: Councilor Ewen-Campen moved to recommend approval.
• Vote on Motion to Recommend Approval (25-1317):
  • Councilor Mbah: Yes
  • Councilor Ewen-Campen: Yes
  • Councilor Scott: Yes
  • Outcome: 3 Ayes, 0 Nays, 2 Absent. Motion Passed.

5. Adjournment

• Action: A motion was made to adjourn and approve the minutes of the July 1st meeting.
• Vote on Adjournment and Minutes Approval:
  • Councilor Mbah: Yes
  • Councilor Ewen-Campen: Yes
  • Councilor Scott: Yes
  • Outcome: 3 Ayes, 0 Nays, 2 Absent. Motion Passed.

The meeting was adjourned.