Human Rights Commission

Procedure for Filing Complaints with the Watertown Human Rights Commission

Pursuant to the provisions of Ordinance 0-2023-66, § 31.73, the following procedures shall apply to the Commission’s receipt and management of human rights complaints so as to “ensure the protection of every individual in the enjoyment and exercise of their human and civil rights and to encourage and bring about mutual understanding and respect among all people who live, work, visit, and travel within the City.” 

A. Jurisdiction

1) The Commission serves as a resource for Watertown residents, employees, visitors and those doing business with or in the City with regard to concerns, complaints, or questions of discrimination, unequal treatment of individuals and other issues included in the Commission’s mandate, as further detailed in Section 2 of this Procedure and each subsection thereof. The Commission does not have the jurisdiction to investigate or resolve complaints directly between parties to a dispute. 

2) The Commission may receive concerns, complaints or questions regarding the full range of human rights issues, whether civil, political, economic, social, or cultural in nature, as recognized by the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, and other related international human rights instruments related to human rights, including but not limited to: 

i. Perceived withholding, denying, interfering with, threatening or subjecting of any individual to coercion or intimidation concerning equitable access to and/or discrimination in employment, housing, education, recreation, services, public access and accommodation and public area against a person is based upon race, color, religious views, national; origin, sex, gender identity or expression, citizenship, age, ancestry, family/marital status, sexual orientation, disability, source of income, military or veteran status; and

ii. Perceived acts of prejudice, intolerance, bigotry, bias, unlawful discrimination, threats, coercion, or intimidation based upon an individual’s race, color, religious views, national origin, sex, gender identity or expression, citizenship, age, ancestry, family/marital status in any form, sexual orientation, disability, source of income, or military or veteran status. 

3) Such concerns may implicate the provisions of state and federal laws, including but not limited to G.L. c. 151B (the Massachusetts Anti-Discrimination Law), 42 U.S.C. § 3601, et. seq. (the Federal Fair Housing Act), the Americans with Disabilities Act, and other relevant state and federal anti-discrimination laws.  As such, the Commission may, after review and as appropriate, refer complainants to an appropriate authority having jurisdiction, including but not limited to local, state, or federal law enforcement agencies, social services agencies, the Massachusetts Commission against Discrimination, or the City’s Human Resources Department.  The Commission may also refer complaintants to community-based groups that may provide further assistance. Whether or not the Commission makes such a referral, the complainant retains the right to seek any and all remedies available to them in law and in equity, and the failure of the Commission to make such a recommendation in no way reflects a determination by the Commission that such remedies are unavailable or inappropriate. 

4) City Employees.  If the concern, complaint, or question involves a City employee, the Chairperson shall refer the matter to the City’s Human Resources Director for appropriate action.  If the alleged violation involves the City Manager or a City Councilor, the Human Resources Director shall consult with the City Council President on next steps.  In both cases, consideration may be given to hiring an outside investigator, if necessary.

5) Confidentiality:

i. The Commission cannot as a matter of law guarantee the confidentiality of any concerns, complaints or questions brought to its attention, as all records received by the Commission, including those received at meetings, and all meetings of the Commission, are subject to the requirements of the Public Records and Open Meeting Laws. 

ii. In the event a complaint is made to or filed with the Commission outside of a public meeting, the Commission shall, to the extent possible and consistent with law, protect the privacy of the complainant and any person(s) named in the complaint.  In furtherance of this purpose, the Commission shall designate one member, on a rotating basis, to be available to meet or speak individually with complainants. 

iii. The Commission reserves the right to refer a concern, complaint, or question concerning a potential crime, after notice to the person bringing the same to the attention of the Commission, if possible, to appropriate local, state or federal law enforcement authorities.

B. Directions for Filing a Complaint 

1) Submissions By Mail, E-Mail, Telephone or In Person.  Any person or class of persons with a concern, complaint or question concerning an act or event perceived to be a human rights violation may submit the same to the Commission by mail, e-mail, or telephone; in person at a meeting; or by making an appointment to meet with or speak to a Commissioner, as provided in Section 4(ii), and/or the City staff liaison.  Generally, submissions shall be made through the WHRC Complaint Form, found on WHRC website, within one year of the relevant act or event; however, the Commission may accept submissions outside of that format and timeframe should circumstances so require.  Contact information is as follows, and, for written complaints, confirmation will be provided as soon as possible but within seven days:

In Person or By Mail: Human Rights Commission, Watertown City Hall, 149 Main Street, Watertown, MA 02472

By E-mail: Doug Newton at dnewton@watertown-ma .gov  

By Telephone: 311

2) Substance of Written Complaints.  Concerns, complaints, and questions will be accepted for filing and can be made anonymously through the required Complaint Form.  Written complaints may state the name and address of the person making the complaint but must always include a concise description of the events or acts believed to constitute a violation of human rights.  When appropriate, the complaint may indicate the person, institution, or company believed to be responsible for the violation. 

3) Confidentiality and Conflict of Interest.  In the event of a complaint made to the Commission outside of a public meeting, the Commission shall, to the extent possible and consistent with law, protect the privacy of the complainant and any person(s) named in the complaint.  It is the request of the Commission that any Commissioner who identifies a conflict of interest in a particular matter shall recuse themselves from participation in that matter.

4) Initial Review/Designation of Complaint Review.  If the concern, complaint, or question involves any person other than a Town official or employee, the Chairperson may elect to review the same themselves or designate one or more Commissioners to conduct a Complaint Review.

5) Complaint Review Resolution –

i. Evidence Suggesting Further Action May be Warranted.  If the Complaint Review finds evidence suggesting a further inquiry is appropriate, to be evaluated on a case by case basis, considering the particular facts involved, as to whether the act or event at issue constitutes a human rights violation, the Commissioner(s) reviewing the complaint may request an informal, purely voluntary meeting with the complainant to learn more about the facts or to request additional information. Regardless of whether such a meeting is held, however, the Commissioner(s) reviewing the complaint shall notify the complainant of the results of their initial review and work with the complainant to provide information and resources about possible administrative and judicial avenues to pursue and address the complaint, and, further, to identify, and/or refer the complainant to support from state agencies, nonprofits, or other professionals that may be available resources.

ii. No Evidence Suggesting Further Action May be Warranted.  If the Complaint Review suggests that insufficient evidence exists to warrant further inquiry into the matter, to be evaluated on a case by case basis considering the particular facts at issue, the Commissioner(s) conducting the complaint review shall notify the complainant, provide information and resources about possible administrative and judicial avenues to pursue the complaint, and provide such additional information as may be appropriate to support the complainant. If the complaint at issue is anonymous, resolution under this section shall instead involve a review as to whether and how the Commission might make resources available to residents of the City generally, based upon the known facts. 

6) If two or more Commissioners are assigned to review the complaint together, they shall constitute a committee subject to the requirements of the Open Meeting Law, and all meetings shall be held in open session unless one of the executive session purposes in G.L. c. 30A, §21 is applicable. 

One such provision, G.L. c. 30A, §21(a)(1), authorizes public bodies to meet in executive session to, “discuss the reputation, character, physical condition or mental health, rather than professional competence, of an individual, or to discuss the discipline or dismissal of, or complaints or charges brought against, a public officer, employee, staff member or individual.”  Under such circumstances, the individual to be discussed must be provided with written notice at least 48 hours in advance of the session, although they can waive the 48 hours notice requirement in writing, and that person must be afforded the following rights:

i. to be present at such executive session during deliberations which involve that individual;

ii. to have counsel or a representative of his own choosing present and attending for the purpose of advising the individual and not for the purpose of active participation in the executive session;

iii. to speak on his own behalf; and

iv. to cause an independent record to be created of said executive session by audio-recording or transcription, at the individual's expense.

While this section also applies to anonymous complaints, it is recognized that taking action thereon can be difficult due to the lack of verifiable information.  Under such circumstances, the Commission may not have enough facts to do more than a preliminary review of the matter at issues, handling the complaint in accordance with the second sentence of Section 7(ii), below.  Anonymous complaints may be used for general use by the Commission to identify general issues for further inquiry.

7) Report.  The Commissioner or Commissioners charged with conducting the Complaint Review shall prepare a report, protecting the names and identifying details of the complainant and any person(s) named in the complaint, summarizing the nature of the complaint, the Complaint Review result, and the information and resources provided. 

8) The Commission shall aggregate the information and resources provided to complainants, or the residents of the City generally during that year in its annual report so as to make the same information available to all persons without the need for them to first file a complaint.

9) Nothing set forth herein shall alter or limit the authority of any other municipal employee, officer, board, commission, authority or agent pursuant to any federal or state statute or regulation or City ordinance.

C. Applicability

1) These procedures shall be construed liberally for the accomplishment of the purposes of the Commission’s Rules and the Ordinance creating the Commission.

2) The Human Rights Commission may periodically vote to amend these procedures as warranted necessary for the efficiency and effectiveness of its mission.

Watertown Human Rights Commission Complaint Form (PDF)