[Adopted by the Town Meeting of the Town of Brookline; amended in its entirety 11-15-2022 STM by Art. 31. Subsequent amendments noted where applicable.
[Amended 5-28-2024 ATM by Art. 16]
This by-law hereby establishes the Commission for Diversity, Equity, Inclusion, and Community Relations ("Commission") and the Office of Diversity, Equity, Inclusion, and Community Relations (the "Diversity Office").
A. 
Brookline values.
(1) 
Because the Town of Brookline values diversity, equity, and inclusion and amicable community relations based on those values in and for the Brookline community, the Commission, in coordination with the Diversity Office, shall work to support a welcoming environment by modeling and encouraging civility, kindness, cooperation, tolerance, and respect among and by all persons; and by advancing, promoting, and advocating for the human and civil rights of all through education, awareness, outreach, accountability, and advocacy.
(2) 
The Commission and the Town shall strive for a community characterized by the values of diversity, equity, and inclusion. The Town believes that diversity and inclusion based on equity will provide opportunities and incentives to all to offer their energy, creativity, knowledge, and experiences to the community and to all civic engagements, including Town government; and that diversity and inclusion based on equity is, therefore, a critically important government interest of the Town. Inclusion based on equity means actively pursuing goals of including, integrating, engaging, and welcoming into the community on an equitable basis all persons, residents or nonresidents, regardless of their race, color, ethnicity, gender, sexual orientation, gender identity or expression, disability, age, religion, creed, ancestry, national origin, military or veteran status, genetic information, marital status, receipt of public benefits (including housing subsidies), or family status (e.g., because one has or doesn't have children) (herein, "Brookline protected classes").
(3) 
In striving to achieve the goal of inclusion, the Commission shall be guided by the following general principles:
(a) 
The foundation of community is strong and positive community relations among and between all groups and individuals in the community, regardless of their membership in a Brookline protected class;
(b) 
The substance of community is the recognition of human rights principles as applicable to all persons;
(c) 
Justice in a community requires, at a minimum, monitoring and enforcing civil rights laws as they apply to all persons; and
(d) 
The commitment of the Town to these principles requires vigorous affirmative steps to carry out the word and spirit of the foregoing.
B. 
The Commission.
(1) 
The Commission shall consist of nine residents, who are the Commissioners. These Commissioners are the voting members of the Commission. Commissioners shall be appointed by the Select Board and shall hold office for a period of not more than three years with terms of office expiring on August 31 of an appropriate year in a staggered manner so that approximately 1/3 of the terms of the Commissioners will expire each year. A Commissioner whose term is expiring is expected to submit their renewal application to the Select Board not later than August 1 of the expiration year. The term of a Commissioner who does not submit a renewal application in a timely manner shall expire on August 31 of that year. The term of a Commissioner who submits a timely renewal application shall then be extended until notified by the Town Administrator that the renewal application has been acted upon. If the application is denied, the term of that Commissioner shall expire five days after the date of the denial letter. If the application is approved, the term shall expire on August 31 of the year specified in the approval letter. The Select Board may appoint additional nonvoting associate members (Section 3.1.5) as it determines to be necessary, which may include youth or persons who do not reside in Brookline but have a substantial connection to Brookline or to the Brookline Public Schools. The Select Board shall select one of its members to serve ex officio as a nonvoting member of the Commission. A quorum of the Commission shall consist of a majority of the serving members on the Commission, with a minimum of four.
(2) 
The Select Board shall seek a diverse and inclusive group of candidates for the Commission, which may include youth. Candidates for Commissioner shall be qualified for such appointment by virtue of demonstrated relevant and significant knowledge, life experience, or training. The composition of the Commission shall include persons with the types of such knowledge, experience, or training necessary to enable the Commission to perform the duties assigned to it by this by-law. All Commissioners shall serve without compensation.
(3) 
In the event of discontinuance of the service of a Commissioner due to death, resignation, or nonresidency in the Town, such Commissioner's successor shall be appointed to serve the unexpired period of the term of said Commissioner. The Commission may recommend to the Select Board candidates to fill such vacancies.
C. 
Definitions.
COMPLAINT
Shall mean a written or oral allegation of an act of discrimination or made to the Director or other complaint recipient listed in rules or procedures issued pursuant to Section 3.14.2G(3).
DISCRIMINATION
Shall mean invidious adverse differential treatment or impact based on membership in a Brookline protected class or violation of rights under federal, state, or local laws that prohibit discrimination.
PLAUSIBLY VOID
Shall mean a complaint that presents a plausibly valid basis for action by the Town because it alleges a significant harm to the complainant, has a physical nexus with the Town of Brookline, relates to a matter that is within the legal authority of a municipal government to address, is not exclusively within the authority of another governmental or nongovernmental body, and is subject to this by-law and within the authority of the Director to manage.
TOWN EMPLOYEE
Shall have the meaning given to "public employee" by MGL c. 258, § 1.
A. 
The Diversity Office shall be led by a professional in the field of human relations, who shall be the Director of the Diversity Office (the "Director"). The Director shall also be professionally trained in matters of civil and human rights, community relations, and dispute resolution. The Director shall be a department head/senior administrator and shall report to the Town Administrator. In the event of a vacancy in the position of Director, the Town Administrator, after consultation with the Commission, shall recommend to the Select Board a replacement with appropriate qualifications. The Director shall have authority to bring matters directly to the Select Board, through the Chair of the Select Board, if in the Director's professional judgement such matter needs the direct attention of the Select Board. If feasible, the Director shall consult with Town Counsel before taking a matter to the Select Board.
B. 
The Director shall offer professional and administrative support to the Commission in the administration of its functions and policies under this by-law or any other by-law giving the Commission responsibilities.
C. 
The Director's responsibilities shall include serving as the Town's chief diversity officer to carry out the duties below in Section 3.14.2F and G and the duties previously assigned to the Commission by the former Sections 3.14.3(A)(5) and (7) in accordance with Section 3.14.1A. The Director shall carry out these responsibilities with the goal of helping to create the policies and practices necessary for the Town to further evolve into a community based on the values of diversity, equity, and inclusion, and to help ensure that all residents and visitors enjoy the benefits of those values. To carry out those responsibilities, the Director shall develop in the Diversity Office the skills and resources required to facilitate the harmonious resolution of incidents and complaints arising from events occurring in Brookline; investigate complaints, determine whether they are plausibly valid, and devise resolution plans for plausibly valid complaints or recommend solutions to the appropriate Town authorities; find and exercise appropriate remedies for such plausibly valid complaints and provide a means to address such complaints in a nonadversarial manner, where possible; guide residents and others to the appropriate adversarial forums when necessary or preferred to resolve their complaints; and address systemic issues in Town governance and operations, whether related to complaints or not, that appear to impede diversity, equity, and inclusion and a harmoniously functioning community.
D. 
When preparing the Town's budget, there should be included a reasonable line item at an appropriate location in the operating budget to be used by the Director and Town Counsel to engage independent professional assistance, if necessary and appropriate, to carry out the Director's investigatory duties described below. The Director shall consult with Town Counsel in identifying and engaging such professional assistance. In an appropriate case, the Director and Town Counsel may select a member of Town Counsel's office to serve as an independent fact finder. In addition, the Director's department budget shall also include line items in a sufficient amount to acquire resources and materials necessary to carry out the Director's dispute resolution and community and human relations responsibilities.
E. 
The Director shall work with Town Counsel on matters that raise legal issues, such as enforcement of federal, state, or local civil rights laws or regulations; Open Meeting or Public Records laws; the legal authorities or duties of the Director or the Commission; or the engagement of independent investigators or fact finders.
F. 
General responsibilities and powers.
(1) 
The Director shall use the staff and resources of the Diversity Office, as appropriate, to provide information, guidance, and dispute resolution services (including restorative justice) to all persons who allege that they have been subjected to discrimination and whose complaints are within the authority of the Director. The Director may, with the agreement of the parties, use the resources of the Diversity Office to resolve a complaint without further investigation. But, when necessary, the Director shall investigate complaints pursuant to Section 3.14.2G(4)(d) or provide general information on the use of the services of other appropriate bodies, such as the Massachusetts Commission Against Discrimination ("MCAD"), the federal Equal Employment Opportunity Commission ("EEOC"), the Massachusetts Attorney General's Office, or some other agency with investigatory and prosecutorial powers or the power to impose penalties. The Director shall explain to the complainant that neither the Director nor Town Counsel can provide any further legal advice or express an opinion, before an investigation, as to the merits of complainant's case and that the complainant may need their own legal counsel to assist with any legal proceedings. In an appropriate situation, the Director may also assist a complainant to seek the mediation or conflict resolution services of agencies such as the Community Relations Service of the U.S. Department of Justice ("CRS").
(2) 
The Director shall work with all Town departments and offices, including the public schools of Brookline; independent bodies, such as the Housing Authority and Library; community nonprofits; businesses; houses of worship; and individuals, including the elderly and youth, to facilitate good community relations, communication, and respectful human interactions between and among all persons.
(3) 
With the advice and counsel of the Commission, Town Counsel, the HR Director, the Human Resources Board, the Chief Procurement Officer, the Council on Aging, and any other relevant Town department, the Director shall prepare and submit to the Select Board a recommended diversity, equity, and inclusion statement and policy for the Town ("DEI Policy") and periodically review and update the DEI Policy if necessary. The DEI Policy shall incorporate, by reference, existing or newly promulgated Town policies, including the Policy Against Discrimination, Sexual Harassment and Retaliation and other Town policies related to equal employment opportunity and affirmative action, procurement, the Americans with Disabilities Act, and other applicable policies. The DEI Policy shall also give guidance on recruitment, hiring, retention, training, and promotion of Town employees and propose steps to make improvements to ensure a work environment that is friendly to diversity, equity, and inclusion. The Director shall work with the Town Administrator, Town Counsel, and HR on the implementation of the DEI Policy.
(4) 
At the request of the Town Administrator, the Director shall use the resources of the Diversity Office, or assist other Town departments and offices, to resolve incidents and disputes occurring in the Town that risk impeding harmonious community relations.
G. 
Complaint responsibilities.
(1) 
In general, the Director shall be the primary office to receive complaints concerning allegations of discrimination. The Director may receive such complaints from complainants directly or through the Commission. If the Commission or another Town official or office, other than HR, Town Counsel, or the Police Department, receives a complaint, they shall forward it to the Director. Complaints involving Town employees or Town employees of the schools shall be handled by the Director pursuant to Section 3.14.2G(5).
(2) 
The Director may receive complaints anonymously for the purpose of informally resolving the complaint with the Town Administrator, the Superintendent, a department head, the director of a Town related agency, such as the Library or Housing Authority, or the governing body of a non-Town entity.
(3) 
The Director with the assistance of Town Counsel and the Commission shall develop official forms for filing complaints under this by-law and any necessary rules or procedures for the receipt of such complaints, which may include availability of oral complaints, statutes of limitations not included in this by-law, guidance to Town departments as to how to handle complaints that inadvertently are presented to them, and other details of the complaint process under this by-law.
(4) 
Upon receipt of a complaint, the Director shall first determine whether it is a plausibly valid complaint and then take the following actions:
(a) 
If, upon the Director's initial review, or after an investigation, or at any point in the process, the Director determines that the complaint is not, on its face, plausibly valid and gives the complainant written notice of that determination, the complainant may appeal to the Commission within 30 days of receiving such notice. If the Director finds that a complaint is plausibly valid and gives the respondent written notice of that determination, the respondent may also appeal to the Commission within 30 days of receiving such notice. In either event, the Commission shall handle such appeal as set forth in Section 3.14.3B(1).
[1] 
If the Commission pursuant to Section 3.14.3B(1) sends a complaint back to the Director for reconsideration, the Director shall consider the Commission's reasons and either engage an independent investigator, who shall make its report to the Director and the Town Administrator, or take one of the actions listed in Section 3.14.2G(4)(d).
[2] 
If after an investigation pursuant to Section 3.14.2G(4)(d), the Director concludes that its determination was correct, the Director shall report that conclusion to the Commission and the reasons for the conclusion, whereupon the complaint shall be deemed resolved for purposes of this by-law, unless the Select Board, at the written request of the Commission, by majority vote of the Select Board, determines that the complaint is, in its opinion, either plausibly valid, in which case the Director shall treat the complaint in accordance with Section 3.14.2G(4)(b), (c), or (d); or not plausibly valid, in which case the complaint shall be deemed resolved for purposes of this by-law.
(b) 
If the Director determines that the complaint on its face is plausibly valid but would be more appropriately handled by the MCAD, the EEOC, the Massachusetts Attorney General's Office, or some other agency with investigatory and prosecutorial powers, the Director shall provide the complainant with general information for filing a complaint with such agency. In an appropriate situation, the Director may also call upon the services of the CRS.
(c) 
If the Director determines that the complaint is plausibly valid but that the Director or the Town cannot fairly, effectively, or efficiently investigate the complaint, the Director shall work with Town Counsel to engage the services of an independent investigator to handle the complaint or take such other action as they deem to be appropriate.
(d) 
If the Director determines that the complaint presents a plausibly valid issue for action by the Town and can be appropriately, effectively, and efficiently handled by the Director, the Director shall do the following:
[1] 
First, notify the Town Administrator and, if the complaint involves a minor matter that is easily corrected by the Town Administrator, give the Town Administrator an opportunity to do so.
[2] 
Second, initiate an investigation of the complaint, including interviewing any witnesses in addition to the complainant and the respondent, if possible, and examining and analyzing any relevant documents or materials provided by the parties.
[3] 
Following the investigation, if the Director still believes that the complaint is plausibly valid, the Director shall develop a written plan ("resolution plan") for resolution of the complaint and present it to the parties for their consideration. The resolution plan shall include a resolution that the Director believes is effective and fair to all parties, including any of the following remedies or other appropriate remedies:
[a] 
Meeting with the complainant and the respondent to attempt an informal resolution, including with Town departments, to correct problems identified in the complaint.
[b] 
Mediation.
[c] 
Reconciliation.
[d] 
Education of the parties in ways to avoid future disputes.
[e] 
Restorative justice.
[f] 
Referral to the Brookline Police Department, other law enforcement agency, or other Town department, including the Select Board, with the power to impose fines or other penalties if the complaint relates to a violation of Town by-law or state law.
[g] 
Referral to the services, including complaint procedures or educational, training, or community relations services offered by the MCAD, the EEOC, the CRS, the Office of Town Counsel, the Attorney General, or such other body as the Director deems appropriate.
(e) 
The Director shall complete and submit to the parties the written resolution plan within 45 days of receiving the complaint. If the Director needs additional time, the Director shall notify the complainant and the Commission that a longer time is needed to adequately complete this process and provide an estimate of the additional time needed.
(f) 
The Director shall periodically report to the Commission on the complaints received and the disposition thereof. Such reports shall identify issues and trends or systemic problems of which the Commission should be aware and that will enable the Commission to make recommendations to the Select Board or propose appropriate Town regulation or legislation.
(g) 
If a person, except for Town employees [with respect to Town employees, see Section 3.14.2G(5)], chooses to present a complaint to the Commission after seeking the services of the Director, the Director may discuss the case in general terms with the Commission for guidance, but only if there is no ongoing or threatened litigation of the issues in the complaint. The Commission's sole role with respect to such complaints shall be as described in Section 3.14.3B.
(h) 
The Director, after consulting with Town Counsel, shall advise complainants that they may need to seek legal advice to avoid running afoul of statutes of limitations, exhaustion of remedies, and other procedural hurdles that they must meet to preserve their rights in the MCAD or federal or state courts while pursuing their rights under the Town's complaint procedures.
(5) 
Town employees. If the Director, the Commission, or any other Town office or official is presented with a complaint involving Town employees, such complaints shall be handled as follows:
(a) 
Town employee versus Town employee.
[1] 
Complaints by Town employees involving allegations of discrimination by another Town employee or the Town shall immediately be referred to HR in accordance with the Town's Policy Against Discrimination, Sexual Harassment, and Retaliation.
[2] 
Complaints by Town employees involving allegations of misconduct or mistreatment, but not alleging discrimination, by another Town employee or the Town shall be referred to HR. The Director may assist HR in the mediation of such allegations of misconduct or mistreatment but with the guidance of Town Counsel.
[3] 
All allegations of discrimination or misconduct or mistreatment shall be handled in a manner that is fully consistent with applicable collective bargaining agreements.
(b) 
Resident or nonresident versus Town employee. Complaints against a Town employee that involve ongoing or threatened litigation shall be referred to Town Counsel. Complaints against a Town employee that allege discrimination shall be referred to HR and Town Counsel. Complaints against a Town employee by a resident or nonresident of the Town involving misconduct or mistreatment shall be referred to HR or, in the case of a civilian or sworn Town employee of the Police Department, to the police complaint process.
(c) 
Town employee versus a resident or nonresident. A Town employee who has a complaint against another person who is not a Town employee, irrespective of whether based on said Town employee's membership in a protected class, shall be handled by the Director. The Director shall develop and implement a resolution plan for such complaints.
(d) 
Schools. If the Director receives a complaint involving a Town employee of the Schools Department, the Director shall refer it to the schools' human resources office, unless the complaint involves a Town employee and a school Town employee, in which case it shall be referred to HR.
(e) 
Police internal procedures. The Police Chief, with respect to civilian or sworn Town employees of the Police Department, shall not be precluded from using applicable internal police procedures, including the procedures of the Internal Affairs Office, consistent with applicable collective bargaining agreements, to resolve allegations of misconduct or mistreatment by a Town employee in the Police Department, provided that HR shall be made aware of the use of such processes.
(f) 
Timely investigations. Any complaints referred to HR shall be investigated in accordance with the Policy Against Discrimination, Sexual Harassment, and Retaliation or other applicable policy governing Town employees. Both parties to a complaint shall be entitled to a timely completion of the investigatory process, a failure of which shall entitle the party to submit a request to the Town Administrator and/or the Select Board for a quick resolution of such failure.
(g) 
Confidentiality. To the extent allowed by applicable law or legal process, the Director shall hold all Town employee matters in confidence and shall respect the privacy rights or expectations of privacy of such individuals. The Director may, however, discuss complaints in general terms, without revealing a complainant's identity or identifying details, to inform the Commission about the general problems or issues that are presented by a complaint or a category of complaints.
To implement the mission of the Commission in accordance with Section 3.14.1A, Brookline values, the Commission, with the assistance of the Director and the Director's staff, shall have the following responsibilities:
A. 
General responsibilities.
(1) 
Strive to eliminate discriminatory barriers to jobs, education, and housing opportunities within the Town and work to increase the capacity of public and private institutions to respond to discrimination against individuals in the Town based on their membership in a Brookline protected class.
(2) 
Work with the Select Board, HR, the schools and the School Committee, and other Town departments, commissions, boards, and committees to increase their commitments to diversity, equity, and inclusion and to take appropriate steps to increase awareness of and sensitivity to such values and to civil and human rights issues in their departments..
(3) 
Provide advice and counsel to the Director on the preparation of the DEI Policy and on the periodic updating of the DEI Policy by the Director, as described in Section 3.14.2F(3).
(4) 
Initiate educational programs to facilitate and inform the public of the foregoing and the Commission's and the Director's responsibilities with respect to complaints.
(5) 
Develop initiatives, including educational programs, and at all times work to facilitate harmonious community relations among residents and visitors to the Town of Brookline.
(6) 
Support the Director in carrying out the Director's role, including by offering constructive alternative perspectives or suggestions regarding the work of the Director when appropriate.
B. 
Complaint responsibilities.
(1) 
The Commission may receive complaints within the limits of its authority under this by-law that were investigated by the Director and appealed by either party to the Commission for reconsideration. The question before the Commission on appeal shall be whether, based solely on the Director's written file, the Director's determination was correct. Upon receiving the appeal and said file, the Commission may assign one or two of its members to review the complaint. The reviewing members shall review the Director's determination, review the original complaint, interview the complainant and/or the respondent and any witnesses who consent (if necessary), and decide whether they agree with the Director's determination. The reviewing members shall then present their written conclusions to the Commission in executive session. If the Commission, after taking into consideration the conclusions of the reviewing members, agrees with the Director, the matter shall be concluded. If the Commission does not agree with the Director, the Commission shall provide the Director with a written explanation of its reason for concluding that the complaint is plausibly valid or not plausibly valid, whereupon the reconsideration of the complaint by the Director shall be handled in accordance with Section 3.14.2G(4)(a)[1]and [2].
(2) 
The Commission may receive complaints from complainants. Such complaints shall be handled as follows:
(a) 
Complaints against the Town or its agencies concerning allegations of discrimination shall be referred to the Director and Town Counsel.
(b) 
Complaints involving Town employees, including Town employees of the schools, shall be handled solely in accordance with Section 3.14.2G(5).
(c) 
Other complaints may be handled by the Commission as follows:
[1] 
First, the Commission shall refer the complaint to the Director.
[2] 
Second, if the Commission believes that it can provide unique and useful information or a broader perspective to the Director, the Commission shall notify the Director and, if the Director agrees, the Commission or a working group of the Commission may perform a summary review of the complaint, including, if necessary, an interview of the complainant and/or the respondent and any witnesses and a review of any documents or materials pertinent to the complaint; prepare a written report of its summary review, including the alleged impact on the complainant of the alleged behavior or the alleged impact on the respondent, without stating any legal conclusions, and any unique and useful information or perspective that it believes would assist the Director or other Town office in handling the complaint; and within 90 days of the Commission's receipt of the complaint provide its report with any recommendations to the Director and the Town Administrator, with a copy of the recommendations to the Select Board. The Commission's recommendations should include, as appropriate, the use of the dispute resolution resources and skills of the Director.
[3] 
Third, the Commission may ask the Director to provide the complainant with general information on complainant's options to bring proceedings at the MCAD or other appropriate federal, state, or local agency, including the Brookline Police Department.
(d) 
The Commission may receive a complaint anonymously for the purpose of resolving the complaint informally with the Director or the Town Administrator.
(e) 
To protect all parties to a complaint and to avoid violation of any law or regulation concerning governmental operations, the Commission should consult with Town Counsel when presented with a complaint.
(f) 
At the request of a complainant and with the concurrence of the Superintendent, the Commission may handle a complaint, except complaints of discrimination, involving the schools by serving as a neutral and knowledgeable body to which a complainant can bring their concerns; providing guidance to the complainant as to the best way to address their concerns; using the knowledge and credibility of the Commission to present concerns, information, or research to the schools of which the schools may not be aware; and performing any other role as may be agreed upon by the Director and the Superintendent. The Commission shall have no role with respect to a complaint by a minor student or against a minor student unless the complaint is by a minor student's parent or guardian.
(g) 
To protect all parties to a complaint and to avoid violation of any law or regulation concerning governmental operations or the rights of students or educational personnel, including federal laws governing student privacy and regulations of the Department of Elementary and Secondary Education and the local regional office of the Office of Civil Rights within the U.S. Department of Education, the Commission should work with Town Counsel when presented with a complaint involving the schools.
(3) 
The Commission shall develop, to the extent permitted by law, a log for the complaints referred to in Section 3.14.3B, provided that such publication contains public record information only and does not violate anyone's right to privacy or expectations of confidentiality, and the Commission shall compile and maintain statistical records regarding the nature of complaints, types of incidents, number and types of complaints, and other pertinent information, without identifying specific individuals, and include such information in the annual report filed with the Board pursuant to Section 3.14.6 of this by-law. With respect to any complaints or patterns of complaints involving the civil or human rights of any persons, work with the Director to facilitate changes that will reduce and eliminate violations of rights.
(4) 
Carry out the responsibilities and duties given to the Commission by rules or regulations, if any, promulgated under Section 3.14.4 of this by-law in relation to its fair housing responsibilities, or as described in Chapter 5.5.
C. 
To carry out the foregoing responsibilities, the Commission is authorized and encouraged to work with community organizations with diverse viewpoints and missions, government and nonprofit agencies, educational institutions, persons with relevant and diverse expertise, and others to:
(1) 
Institute and assist in the development of educational and training programs to further community relations, civil discourse, and mutual respect, especially by and among Town Employees, and resident volunteers; a welcoming community environment for residents, nonresidents, and persons who are members of a Brookline Protected Class; and understanding and respect among all residents, nonresidents, and Town Employees.
(2) 
Serve as an advocate for youth on issues arising in the schools and the community, concerning diversity, equity, and inclusion, and encourage public and private agencies to respond to those youths' needs.
(3) 
Develop educational programs and campaigns to increase awareness of human and civil rights; advance diversity, equity, and inclusion; eliminate discrimination; and ensure that the human and civil rights of all persons are protected and assist in the development of educational programs to further community relations and understanding among all people, including Town employees of all departments and agencies within the Town.
(4) 
Conduct or receive research in the field of human relations and issue reports and publications on its findings or, where appropriate, submit local or statewide proposed legislation, after approval by the Select Board and review by Town Counsel, to further human and civil rights of all persons in the Town, provided that the Commission shall evaluate all such research conducted or received for its relevance and validity and for its openness to diverse viewpoints and perspectives.
(5) 
Receive and review information on trends and developments in youth research, services, and programs, both generally and as they relate to youth who are members of a Brookline protected class, and consider the applicability of such research, services, or programs to Brookline, provided that the Commission shall evaluate all such research conducted or received for its relevance and validity and for its openness to diverse viewpoints and perspectives.
(6) 
Do anything else deemed appropriate in the furtherance of its general duties and that are not inconsistent with its mission, the State Constitution and laws, or the Town by-laws.
D. 
At least every two years, prepare written organizational goals for the Commission ("Commission's goals") that are specific, measurable, attainable with the resources and personnel of the Commission, relevant to the mission of the Commission, designated as either short-term or long-term, and capable of being evaluated on a continuing basis and at the next goal-setting point. The Commission's goals shall be submitted to the Select Board at a public meeting and posted on the Town's website. The Commission shall receive and consider the comments of the Select Board at the public meeting and shall also receive and consider written comments from the community on the Commission's goals.
To carry out the purposes and provisions of this by-law, the Commission, with the approval of the Select Board, after review by the Town Counsel, shall adopt procedural rules and regulations as necessary to guide it in carrying out its responsibilities. Such rules and regulations shall require that actions by the Commission be taken by a quorum or larger vote of the Commissioners and shall include procedures for holding regular public meetings, including at least one public hearing annually, to apprise the public on the status of civil rights, diversity, equity, inclusion, and community relations in the Town and to hear the concerns of the public on those issues. The Commission may also establish procedures and rules and regulations to carry out its responsibilities with respect to fair housing, with the approval of the Select Board, after review by Town Counsel. Such rules and regulations may further provide for the governance of the Commission with respect to matters such as the appointments of committees as necessary to deal with specific community issues or concerns.
All departments and agencies in the Town shall cooperate fully with the Commission's reasonable requests for information concerning any complaints and, when appropriate, engage with the Commission in a dialogue on them. All such requests and dialogue shall respect and protect, to the fullest extent possible, the privacy of all involved and shall comply with all local, state, and federal laws. The HR Director shall annually present a report to the Commission concerning the Town's statistics on employment diversity in Town departments and staff, as well as the efforts of the Town to increase the employment diversity of Town departments and staff. The School Superintendent and the Library Director, or their designees, shall annually provide a report to the Commission on their statistics on employment diversity, including but not limited to the most recently completed EEO-5 Form. The Police Chief shall annually present a report to the Commission on other police matters that touch on the Commission's mission. The Commission may respond to such reports through dialogue and/or through written reports; and all Town departments, including the Brookline Public Schools, are encouraged to cooperate with the Commission as it reasonably requests.
With the assistance of the Director, the Commission shall submit an annual report to the Select Board, the School Committee, and the Board of Library Trustees, and the Trustees of the Brookline Housing Authority, detailing its activities and the results thereof. This report shall include:
A. 
A review of the implementation of the DEI Policy by the Town;
B. 
The Commission's goals and a report on the extent to which the goals have been achieved to that point;
C. 
A review of reports received by the Commission from the HR Director, the School Superintendent, the Library Director, and other Town departments or agencies;
D. 
A narrative discussion of any impediments to the implementation and achievement of the Commission's goals and the DEI Policy; and
E. 
Recommendations of ways that such impediments could be removed. A synopsis of such report shall be published as part of the Annual Report of the Town.
Beginning no later than August 1, 2024, and at least every five years thereafter, the Commission shall review this by-law and any other related Town by-laws, in consultation with other pertinent departments, and propose changes, if necessary. The Commission shall prepare a written report summarizing its review and proposed changes and present those changes as warrant articles to Town Meeting at the fall Special Town Meeting or later if necessary.
The amendments to Chapter 3.14 made by this warrant article, if adopted by the fall 2022 Special Town Meeting, shall become effective January 1, 2023 .
The provisions of this by-law shall be deemed to be severable. Should any of its provisions be held to be invalid or unconstitutional, the remainder shall continue to be in full force and effect.
Should any remedies in this by-law conflict with grievance or dispute resolution procedures in collective bargaining agreements with the Town's unions, the provisions of the collective bargaining agreements shall apply so long as all members of Brookline protected classes are protected.