Good morning,

Excuse the Monday Scoop– the legislature's website was down over the weekend and I didn't want to send Take Actions that couldn't be acted upon! 

Websites aside, it was a good weekend for democracy. In our last Scoop, we discussed the watered-down state Democratic party platform proposal and its implications for our ability to hold Democratic lawmakers accountable in our state. The convention was Saturday, and what a riotous affair! 

Act on Mass was tabling just outside the convention hall and we had a front row seat. Delegates managed to secure 500 signatures by 10 AM to put forward an amendment to replace the lukewarm platform with 2021’s bold version. Taking a page out of Beacon Hill’s book, party leadership tried to block the amendment on procedural technicalities. They were overwhelmed by the energy of the arena, which was lively with boos and cheers showing a clear preference for the stronger platform– democracy in action! 

Speeches were made affirming the importance of reaffirming Massachusetts’ commitment to immigrant rights, women’s rights, transgender rights, reproductive rights, etc. Ultimately, party leadership allowed the amendment to go forward and it won easily, restoring the former, complete platform– including the Ethics & Transparency section. 

Another important win: Act on Mass helped gather signatures in the morning to advance an amendment supporting state house staff’s right to unionize, a key part of the Good Government Agenda. That amendment also won wide support from delegates and was included in the final platform. So, if you're represented by a Democrat, make sure they're in line with their party in supporting state house unionization: check here for Senate and here for House.

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State House Scoop

In immigration comments, Mariano and Spilka make the case for culture reform 

As I write this Scoop, federal officials are in the midst of a second ICE “surge” in Massachusets. According to the Trump administration, our state is being targeted because of the “sanctuary city” policies of cities like Boston. A similar operation in May saw the arrest of over 1,500 people, half of whom had no links to any criminal activity. The continued deportations have uprooted families and spread fear through many immigrant communities in Massachusetts. 

In this context, advocates have renewed calls for the legislature to act on legislation such as the Safe Communities Act, which would clarify state law with respect to the involvement of local and state law enforcement’s involvement with federal immigration enforcement. This bill was first filed in 2017, in response to the first Trump administration. 

Important to remember: it’s not just progressives asking the legislature to update state laws on immigration enforcement. In 2017, the state Supreme Judicial Court (SJC) ruled in Lunn v. Commonwealth that current Massachusetts law restricts state law enforcement from arresting and holding individuals strictly on the basis of a notice from ICE. This does not, however, provide guidelines for other forms of cooperation between federal and local law enforcement. The SJC decision concludes that the issue of interaction between local law enforcement and federal immigration authorities would be best addressed by the legislature.

Instead, the legislature has sat on its heels since 2017. The Safe Communities Act has died in four consecutive sessions, without a public vote. As far as I know, no alternative legislation to update our state laws with respect to immigration enforcement has been introduced or seriously considered. 

In the context of the immigration surge, reporters caught up with Senate President Spilka and Speaker Mariano this week to ask about legislative action. The leaders’ comments were telling about the willingness of those in power to actually take action to protect us. For a TLDR, check out MassLive’s headline: “As ICE surges in Mass., top Dems offer condemnation, but stop short of action”

Speaker Mariano seems to at least somewhat understand the gravity of Bay Staters’ concerns, noting that the deportations inspire “a heightened tension and anxiety about ‘Is it going to happen to us? Is it going to happen to my family?’ Quincy is a changing demographic. We have 40% minorities in our city now. And they live under this fear.”

Given that statement, I find his answer on potential legislative action remarkable: “Well, I don’t know if it’s a year for that.” 

!! 

What?! It’s one thing to quietly delay legislative action while ignoring the needs of your constituents. It’s another to acknowledge the harm that’s being caused and still offer no potential solution. His following justification is confusing and seems circuitous, merely re-emphasizing the fact that immigration laws are the purview of the federal government, not state. Sorry Mr. Mariano, federal immigration enforcement impacts state level activities, no matter how inconvenient it is to have to take a policy action. Don’t take it from me– take it from the Supreme Judicial Court!

Senate President Spilka seemed to be reading from the same playbook, unfortunately. She also offered sympathy for her constituents, noting that the raids “promote fear… children are concerned about going to school. People are concerned about going to work.” Yet, when asked about the Safe Communities Act, she offered this in response: “Massachusetts has been clear that we will help federal ICE if and when there are criminal issues, criminals being arrested… And that’s what we will continue to do." Translation: “Sorry you're afraid, but don’t expect action from us.” 

Our current system allows these leaders veto power over legislation like the Safe Communities Act. So far, the bill has not even been scheduled for a hearing, despite public pressure and over 60 co-sponsorships. It's another tale of power disrupting progress on Beacon Hill, although with the stakes involved even I find leadership's resistance to action incredibly hard to understand. 

Recommendation: ask your legislator what they think of leadership's comments. Can they explain why it's not the right year for action on immigration? Let them know what you think of the delay and urge them to make sure the Safe Communities Act gets to a vote this year.

ASK YOUR LEGISLATOR: WHY DELAY ACTION?>>

“Transparency on Tour” tip unlocks story on power and punishment in the MA State House

This week our Transparency on Tour took us to Norwood, which checked off our 24th district, in the heart of Senator Michael Rush’s district. We happened to be tabling in Representative John Roger’s district, who is one of the longest-serving members of the House first elected in 1992. One of the visitors to our table clued me into a little deep history about Rep. John Rogers, which also makes a strong case for the need for reform to target the state house’s power structures. 

Thanks to the tip from our table visitor, I did some research. In the early 2000s, Rep. John Rogers was a top dog. He’d made his way up the ranks quickly, rising to committee chair in his third term and in 2001 he was named House Ways & Means chair. When Sal DiMasi became Speaker in 2004, Rep. Rogers was elevated to Majority Leader. 

Lock in for some political quagmire. Just a few years later, in 2007, Speaker DiMasi became embroiled in a federal ethics investigation that took months to wrap up, starting a long fight for Speaker between Ron Mariano, Bob DeLeo, and… John Rogers. Mariano apparently realized that he wouldn’t have the votes and backed DeLeo– securing his role as DeLeo’s right-hand man. Rogers, however, kept his bid for Speaker going. Ultimately, as we know, DeLeo was the winner of this “rivalry” and was elected Speaker in 2009. 

Intra-chamber elections like the election of legislative leadership are an important part of a functioning representative democracy. They force legislative leaders to court the opinions of rank-and-file members, serving as a check on power. They allow discussions about leadership style and legislative output to be had in the public sphere. We should also remember: these elections actually happen every two years. Yet, in Massachusetts, the power held by the Speaker and Senate President are so absolute that challenges almost never arise during a leader’s term, with hopefuls patiently waiting (paywall) for previous leaders to depart. 

Even if it happens at “succession” time, struggles between colleagues over leadership positions should be an understood part of the job of leading a legislative body. You earn the support of your colleagues, one person concedes, you shake hands, and depart as friends. Right? Right?! 

Well, by all appearances, that's not how it works in our state house. Immediately upon DeLeo’s election, Rep. John Rogers found himself demoted from Majority Leader to rank-and-file rep. To put this in salary terms, this would have been a 50% pay cut. If this was revenge on the part of DeLeo, it hadendurance: for the entirety of DeLeo’s 12 year reign as Speaker, Rep. Rogers was never granted so much as a vice-chairmanship. Despite his seniority, he remained a rank-and-file representative until Mariano took over as DeLeo’s successor in 2021. This session, he is the vice chair of a minor committee. 

Ultimately, this story isn’t about John Rogers: it’s about how power is wielded in the Massachusetts State House and how it maintains itself. When other representatives saw this happen to the powerful House Majority Leader for daring to participate in a “democratic” election, it sent a message: challenge power and risk everything. 12 years later, DeLeo stepped down in the middle of a term, forcing a quick election that left no time for a potential challenger to build support. Mariano was elected easily. 

When the same people in power can count on being in power indefinitely, they feel no pressure to act to deliver on policy promises. They are insulated from their constituents and from the constituents of the rank-and-file, whom they also ignore. This is exactly the kind of system that allows issues like the Safe Communities Act to languish for years with no action. When leadership has total control over the movement of legislation and rank-and-file reps are afraid to challenge them– even just by voting differently from them on a roll call– our democracy is broken. 

We can’t change everything about this system. Things like committee and office assignments, which also serve as tools of power, are in the legislative rules and cannot be changed by a vote of the public. However, we can alter legislator pay and ensure that fair and equal compensation is tied to performance, not loyalty. To ensure that if a representative wants to challenge the Speaker, they don’t have to risk their livelihood to do so. 

Sign up to help get stipend reform on the ballot!

HELP END LOYALTY PAY>>

Worth reading: more stories from this week

Some stories from local, regional, and national news about what's going on in the Bay State

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Syd's Sprinkles: New Blog Post

The MBTA Communities Act: Did legislative dysfunction court controversy? 

Read a new blog post from Sydney– a deep dive into the passing & implications of the MBTA Communities Act! 

With affordable housing – and affordability in general – appearing in headlines more often than not, questions of what will be done to address these issues have been a leading concern for residents of Massachusetts. 

According to a recent poll conducted by Abundant Housing Massachusetts, more than 80% of voters support legislation that aims to increase access to housing. In other words, the majority of Massachusetts voters are entrusting our elected state officials to address affordability. 

So, what have our lawmakers been up to lately when it comes to addressing the high costs of living that are impacting residents across the state? 

A potential answer is the MBTA Communities Act – a piece of legislation that was passed back in 2021 as part of an economic development bond bill – but is it enough to address an ever growing crisis?  

READ THE BLOG POST>>

Transparency on Tour: Progress Report

Had a great time in Norwood this week. And the tour keeps rolling! Upcoming dates: 

  • West Brookfield Farmers Market, September 17th, 3 pm - 6 pm in West Brookfield
  • North Adams Farmers Market, September 20th, 9 am - 1 pm Main Street in North Adams
  • Easthampton Farmers Market, September 21st, 10 am - 2 pm,  50 Payson Ave in Easthampton
  • Franklin Farmers Market, October 10th, 2 pm - 6 pm, Town Common in Franklin

If one of these are in your district or a district you want to visit, join us to table!

HELP US HIT 40 DISTRICTS THIS SUMMER>>

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Missed a Scoop or two? You can find a full archive of all past Saturday Scoops on our blog.

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Take Action

Sierra Club Lobby Day - September 18th

Our allies at the Sierra Club will be hosting their Lobby Day on September 18th. Join them to push our representatives to stand up for climate progress! 

SUPPORT SIERRA CLUB LOBBY DAY>>

Help us support a documentary about Beacon Hill dysfunction

Shadows on the Hill is a documentary about the real reason popular bills don’t pass: leadership decides which ones live, which ones die, and who gets punished for speaking out. The film is fundraising now to finish production.** Watch the trailer (featuring a familiar face!) and help amplify the campaign.** 

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That's all for today, see you next week!

In solidarity,

Scotia

Scotia Hille (she/her)

Executive Director, Act on Mass