May 2010 – A & F Bulletin #15   CRIA

A & F regulation requiring state agencies to complete Civil Rights Impact Assessments before promulgating new regulations or policies.  This is an important requirement helping to carry out Executive Order 478 which sets out the Governor’s mission to achieve non- discrimination, diversity and  equal opportunity.  Particularly important to JALSA since this is one of the accomplishments achieved since an Assistant Secretary for Access and Opportunity was appointed, a position generated by a broad coalition initiated by JALSA. A link to the directive is below

Civil Rights Impact Assessment

The following was originally posted in August 2009:

Governor Patrick’s appointment of Ronald Marlow as Assistant Secretary for Access and Opportunity in May (2008) was a significant victory for civil rights in the Commonwealth.  On January 28th (2010) — an additional achievement – the Governor signed an Executive Order codifing the new civil nights position and its important responsibilities which include ensuring ‘non-discrimination, diversity and equal opportunity in all aspects of state employment, programs, services, activities, and decision-making.’

A seed for the idea was planted in January 2007 at a meeting of the Jewish Alliance for Law and Social Action (JALSA), a Boston-based membership group that works on social justice issues. Keynote speaker, David Harris, Managing Director of the Charles Hamilton Houston Institute for Race and Justice, Harvard Law School. Harris said, “I call upon the Governor Patrick to create a cabinet level civil rights position to oversee enforcement of our civil rights laws and monitor performance across departments. If not a cabinet member, then a senior member of the Governor’s staff whose sole mission is to promote, establish and maintain an effective civil rights platform across the administration.”

After Mr. Harris’s keynote, JALSA convened a broad group of organizations that advocated throughout the year for the creation of a senior civil rights position in the Patrick administration. In October of 2007, the Governor indicated his approval for the concept with a statement at the Little Rock, Arkansas School Integration Commemoration at Faneuil Hall that his administration would develop a way to have “civil rights” the filter for all policies adopted in the Commonwealth. Discussions between advocates and the Governor’s staff would continue over the next several months to move from “concept” to the appointment of Ronald Marlow in the position.

JALSA conveyed and staffed the meetings of the coalition that would be known as the Working Group of the Civil Rights Initiative. Invitations to the initial strategy meetings went to representatives of Black, Latino, GBLT, fair housing, education equity, and disability groups. As the working group met, invitations went to additional immigrant groups and workers. As the group met and worked, members said it was the first time a working coalition on a civil rights issue included minorities, disability and gay groups from the onset.

All told, the Working Group’s efforts encompassed more than a year and a half of meetings, pulling in key civil rights advocates and organizations and strategizing about the development of the office. Professor Charles Ogletree of Harvard Law School provided the initial cover letter to the Governor to accompany the proposal. The Working Group shared information with key members of the Black Legislative Caucus, the Progressive Legislators group , other Commonwealth agencies with civil rights responsibilities, and key community groups.

Members of the Governor’s team worked with the group, helping to refine the request, and outline the functions of such an office. Advocates wanted a Civil Rights office, with a full team of staff. The Governor’s Office wanted to find a way to begin this initiative without the need to go to the legislature for funding of a full office. Discussions included strategies for involving the agency secretaries in the goals and work of such a initiative and discussions of various inter-agency formats. The qualities and characteristics needed for the lead position, and potential appointees were also discussed. The Working Group drafted an executive order on civil rights for the governor’s consideration but instead decided to rely on its initial document with recommended functions for such an office. Members of the governor’s team who met and worked with the group included Doug Rubin, Charlotte Golar Richie, Elizabeth Clay and Ron Bell.

While advocates and the Governor’ Team continued to voice different goals for this first ever high level civil rights Commonwealth commitment, they agreed on the person most fit for the position. Both voiced confidence in the ability of Ronald Marlow to set out the dimensions of the position.