Mayor Joseph Curtatone Somerville Board of Aldermen 93 Highland Avenue Somerville, MA 02143 June 28, 2017 Dear Mayor Curtatone and Board of Aldermen, On June 21 and 24, the Union Square neighborhood council working group (NCWG) held a vote on the ratification of bylaws for a Union Square neighborhood council. We voted ‘No’ in part because we observed significant irregularities with the election process, and are writing to detail our specific observations and concerns related to the election with the hope that these will be addressed as the Neighborhood Council formation process moves forward We ask our elected officials to make clear that an election which includes irregularities that are inconsistent with widely accepted democratic principles will not be officially recognized. We have also cosigned a separate letter with several of our neighbors that outlines specific steps that would address our concerns about the process including having Neighborhood Council elections administered by the City. Our critique is not intended simply to criticize the work of the NCWG, but to help the process move forward. It is offered with the understanding that an open and direct dialogue about problems is the best way to avoid repeating them in the future, and we hope that by stating these issues directly it will help the NCWG in reaching agreement about how to move forward and help the City in finalizing the content of a Community Benefits Ordinance (CBO). There are many private organizations and associations already active in Union Square, and we would not presume to dictate how they should carry out their own internal elections. The proposed neighborhood council is different as it would be a new public, quasi‐governmental entity through which Somerville’s existing government would delegate specific responsibilities. This includes the exclusive ability to negotiate a “community benefits agreement” on behalf of all of Union Square with some developers. Because a neighborhood council would have the responsibility to act on behalf of the entire community, it is critical that that the basic principles of free and fair elections be followed. Irregularities with this voted include specific examples of voter disenfranchisement and voter intimidation, and the process leading up to this vote did not follow the specific procedures noted in the bylaws that were being voted on. These concerns and others are described in additional detail below:
Voter Intimidation ‐ Many of those running the meeting and collecting votes were openly advocating for a specific outcome. Individuals have reported that those collecting votes were specifically cheering for a ‘Yes’ vote.
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This is inconsistent with the spirit and letter of election laws, which prohibit a whole range of practices related to poll workers advocating for a specific outcome. It also appears to meet the federal definition of voter intimidation: "no person … shall intimidate, threaten, coerce … any other person for the purpose of interfering with the right of [that] person to vote or to vote as he may choose." There is nothing wrong with advocating for a specific outcome, but this advocacy must be separate from the voting process.
Voter Disenfranchisement ‐ People who attended were required to stay through the entire meeting and listen to a presentation by the organizers advocating for a ‘Yes’ vote before being allowed to vote. We observed individuals leaving the meeting before it was over carrying blank ballots which had been given to them at the beginning. When asked why they had not voted they replied that they were told they were not permitted to vote unless they stayed until the end of the meeting. o No prior notice of a requirement to sit through the meeting was provided. When questioned, poll workers noted they were requiring voters to sit through the presentation “because some people spend a lot of time preparing the presentation.”
Conflict of interest ‐ Non‐profits are prohibited from most political activity under IRS rules (e.g. recruiting and endorsing candidates, organizing for candidates, etc), but such a prohibition does not extend to influencing the results of a private election. Several nonprofit organizations have employees who have been deeply involved with the process and which could stand to recieve funding from the CBA. Some of these employees were working as poll workers and appeared to be openly advocating for a ‘Yes’ vote. o Clarity is needed on whether these rules about involvement in political activity can or should apply to NC elections. We believe they should apply and that having full time employees advocating for specific outcomes has the potential to overshadow the voice of residents who are participating in their spare time. Setting clear guidelines will be even more consequential in a future election for actual individuals to fill board seats.
Inconsistencies with the proposed bylaws being voted on – The bylaws included several provisions intended to ensure free and fair elections which were not followed in the actual election. There were also inconsistencies in the information provided to the public regarding the purpose of this meeting and what was actually being voted on. Perhaps more than anything else, this is why we believe elections should be administered by the City. This will also allow NCWG members to focus on the actual mission of a neighborhood council instead of trying to administer an election.
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People were not given a chance to objectively decide on whether they wanted a neighborhood council to represent them, which was the point of the election. The opening sentence of the handout given at the meeting states that the Working Group "has decided to form a Neighborhood Council", at the very meeting where supposedly that decision will be made. It goes on to say that "a fifteen member board will be created", when the creation of that board is also a subject of the meeting.
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The Working Group's website noted there would be a vote on bylaws, but the ballot question removed all reference to the bylaws, which weren't even handed out.
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The language of the ballot was debated and changed as recently as 6 hours prior to the vote, after copies of the ballot were already sent around electronically. The ballot question made reference to "today's presentation," not approval of the bylaws themselves, as required under Section 3.3.9 of the proposed bylaws.
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There was insufficient publicity about the vote (certainly not 2 weeks notice as required by draft bylaws) and *no* official publicity about an actual vote happening. There were no postal mailings to area residents and business, no use of the City's robo‐call or text message system, and insufficient voter outreach and education about the final bylaws and the implications of these votes. This is completely dis‐empowering and antithetical to everything the Neighborhood Council is supposed to be.
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The final bylaws to be ratified were not posted on the internet until Monday evening at almost midnight, less than 48 hours before the first vote. In any case, most potential voters would not know where to find them.
The formation of an independent Neighborhood Council is not inevitable; the people must first provide their consent to be governed by it. A free and fair democratic election is absolutely essential to establish the legitimacy of this group to act on behalf of us and our neighbors. We greatly appreciate the continued efforts of many in our community and our elected officials to get this right. Thank you for your consideration, Tim and Shu Talun 30 Boston Street