Ethical procurement ordinance amended, held for more legal review

Items Discussed

Ethical Procurement Ordinance (26-1023) – Amended text substituted 4-1; Kept in committee

Sponsored by Councilors Ewen-Campen and Wheeler, this ordinance would bar the city from contracting with or investing in companies that directly enable systematic violations of international humanitarian law or conduct recognized as apartheid, genocide, or unlawful military occupation, "including, without limitation, conduct occurring in Israel and Palestine." Councilor Ewen-Campen presented four changes responding to the committee's first meeting, the September 8 public hearing, and staff discussions:

• Rewritten sections (a) and (b) to clarify the ordinance targets companies that play a direct role, not any company with a financial relationship to a given government.
• A sole-proprietor exemption, raised by the city attorney's office to avoid First Amendment problems seen with state anti-boycott laws.
• Removal of the requirement that the mayor's office develop a compliance policy; instead compliance would work like the living wage and prison labor ordinances, via a certification checkbox on bid materials.
• Addition of the American Friends Service Committee "shortlist" database (about 80 companies, roughly 22 American, mostly military contractors and surveillance firms) alongside UN, ICC, and ICJ sources as references the city "shall consider" in determining compliance.

The committee voted by roll call to substitute the new text (Davis, Mbah, Ewen-Campen, Scott yes; Strezo no). Councilor Strezo said "this is discriminatory," outside the city's legal jurisdiction, and that many Jewish and Israeli residents feel targeted; she called advancing it without an economic analysis "reckless and irresponsible."

Council President Davis raised several drafting questions: the words "direct ongoing and knowing" that the sponsor used do not all appear in the text; the certification in subsection (f) references only subsection (a), not the lists in (c), so bidders would not be certifying they are off any list; and the sole-proprietor exemption may not account for single-member LLCs. He also noted the AFSC and UN lists include companies such as Ahava skincare (owned by Fosun International), a water company, RE/MAX, and Airbnb—raising "unintended consequences," for example if the city ever wanted Airbnb's municipal enforcement software. Ewen-Campen clarified those companies come from the UN Human Rights Council database for operating in occupied territory, and Chair Scott said the procurement exemption (e.g., sole-bidder situations or significant financial burden) is designed as a relief valve.

City Solicitor Cindy Amara said the law department's main concern remains how the city would rely on multiple lists, reconcile inconsistencies, and handle challenges, and that nothing in the amendments changes prior opinions. She said the law department is not equipped to vet every listed company, and on who could challenge a procurement exemption: "Do I think a procurement exemption is bulletproof? No." Finance Director Ed Bean, responding to Davis's question about a July council resolution (26-1158) requesting an economic analysis, said impacts cannot really be quantified beyond potential legal defense costs, and that the investment exceptions preserve the treasury's fiduciary ability to rebalance.

Councilor Mbah called it "a modest ordinance" he supports. Ewen-Campen acknowledged costs but said the conduct at issue "is really, really, really bad in my opinion" and worth it, comparing the tradeoff to living wage and prison labor rules. Scott said the text is "getting very close" to language he is comfortable with. Ewen-Campen will revise and return; Scott plans to place it on the October 27 agenda.

Short-Term Rental Enforcement (26-0240) – Recommended work completed

This resolution asked Inspectional Services to explain what enforcement tools exist against illegal short-term rentals. Public Health Director Colin Ziegler reported: about 160 tickets issued this year; 112–113 licensed STRs in the CitizenServe system; a new 311 complaint type routes reports to inspectors within 24 hours; website guidance is coming; and a scope of work for STR identification software was sent to procurement today with a bid expected by month's end. He said the 2021 software became ineffective as hosts hid address and image data, and that Revere has had success with newer technology. Two inspectors now handle STR enforcement daily after capacity gaps (family leave, position transitions) led to few tickets in 2024–2025.

Ziegler identified a loophole: property managers placing "occupants" who apply for STR licenses and may not actually live there, with documentation that is hard to verify after issuance. He suggested stronger registration documentation and reviewing owner-occupied rules. Councilor Ewen-Campen confirmed that violators can lose licenses, repeat violations lead to liens, licenses must be posted on-site, and asked whether police citations could auto-link to licenses; Ziegler will check with SPD. Councilor Mbah asked about state-law gaps; Ziegler could not speak to state law. Scott asked Ziegler to attend the October 22 council meeting, as non-committee councilors have further questions.

Rental Registry and Energy Disclosure Ordinance (25-1822) – Kept in committee

This ordinance from last year's council would create a rental registry. Director of Intergovernmental Affairs Amanda Nagim-Williams said the administration still supports it but will provide a substantive update only after addressing the short-term rental and vacant property ordinances; the prior working group has not been reengaged since a spring touch point with Scott and Councilor Sait. She could not give a timeline. Mbah, who initiated the idea in 2021, urged a draft "sooner rather than later" that protects tenant privacy and avoids undue costs. Strezo noted Cambridge and Boston have registries to learn from. Scott said he is "tired of passing laws that don't get enforced" but invited colleagues to work with him on a council-drafted version.

Enforcement Personnel Update, Section 1-11(b) (26-1274) – Recommended to be approved 5-0

A mayoral cleanup ordinance updating titles (e.g., commissioner of public works), aligning enforcement with the Inspectional Services restructuring, and fixing zoning references. Deputy ISD Director Matt Zaino explained the substantive change: zoning violations for use of real property now carry a $300-per-day fine from the first offense, matching the zoning ordinance text, instead of a warning and escalating fines. Approved by roll call at adjournment.

Body-Worn Camera Use Policy and Impact Report (26-1272, 26-1273) – Placed on file; new submission expected

Council approved earlier versions at a summer special meeting to secure state grant funding. Davis then worked with Public Safety for All Project Manager Jon Hillman and attorney Sarah Goo on revisions submitted August 27; Councilor Hardt subsequently proposed further changes developed with a constituent. Hillman said those changes will be incorporated into a new submission for the next council meeting. Because council cannot amend administration submissions, the current versions were placed on file. Davis flagged that the surveillance ordinance may deem items approved if council does not act within a set time, and will review with the clerk, law department, and IGA whether superseded submissions should be formally withdrawn. Hillman had no timeline for a new CrimeTracer impact report.

Civilian Oversight Policy Public Hearing (26-1407) – Kept in committee

No members of the public spoke. Scott kept the written comment period open through Friday, October 16 (publiccomments@somervillema.gov).

Routine Items

Minutes of September 8 and 15 were accepted without corrections. Six previously discussed communications (Digital Fourth comments, Urban Forestry rodenticide comments, two citizen petitions, the veto-procedure request, and the Police Chief's grant communication) were marked work completed, and seven superseded surveillance reports and policies were placed on file.

What's Next

• Enforcement personnel ordinance (1-11(b)) goes to full council recommended for approval.
• Short-term rental resolution reported out as work completed; Director Ziegler asked to attend the October 22 council meeting for further questions.
• Ethical procurement ordinance stays in committee; Ewen-Campen to revise, targeting the October 27 committee agenda. Law department asked to review the single-member LLC question and the certification/list linkage; Strezo plans to follow up with Director Bean on an economic analysis.
• Rental registry stays in committee pending an administration update; Nagim-Williams to follow up on a timeline.
• Revised body-worn camera documents expected from the administration at the next council meeting; Davis to review the "deemed approved" procedure.
• Civilian oversight item stays in committee with comments accepted through October 16.