WHO WHISTLEBLOWERS SHOULD TRUST:  I have been frustrated over the years trusting so called WATCHDOGS from the Media, Business, Labor, Government, and Legislative that fail to assist conscientious citizens and workers when Federal Monies are involved?  On the State Level=NONE.

One question I am asked who can we trust when coming forward to report improprieties and need guidance or information?

This organization is one that deserves the highest rating and support.

Project On Government Oversight (POGO)

1100 G Street, NW, Suite 500    Washington, DC 20005
Phone: (202) 347-1122     Fax: (202) 347-1116     Email: info@pogo.org

Our Mission:

Founded in 1981, the Project On Government Oversight is a nonpartisan independent watchdog that champions good government reforms. POGO’s investigations into corruption, misconduct, and conflicts of interest achieve a more effective, accountable, open, and ethical federal government.

Massachusetts Non Profits, Not For Profits, and Foundations Must Now Clean UP Their Own Management Greed As What Was Exposed In The Banking And Insurance Industry.....Savings Could be at least $750 million to $1.5 billiuon+ Alone In The State Budget. .....

Government,Foundations, and Citizens all struggling in our nation's failed economy caused by unmonitored corporate financial greed and failed government oversight must show additional compassion and dig deeper into their pocketbooks. Compassion, Care, and Concern are needed to guarantee what is funded is precisely spent as intended.

However, the time has come that the non profits and not for profits be held to a higher standard also. Greed CEO salaries.golden parachutes, fat expense accounts, and interrelated sweetheart contracts must be addressed. Direct care services advertised must be maintained with need sincerity and actually being provided as funded.

Estimates not taking in consideration the $$$$billions in private giving accounts in the state budget alone if waste, fraud, abuse corruption and doing proper oversight could recover $750 Billion+ to $1.5 Billion + alone in State budget Expenditures by holding the non profit and not for profit Human Services Industrial Complex were properly audited and monitored.

Attention Massachusetts Public Sector Employees

DO NOT CONTACT OR REPORT WASTE, FRAUD, ABUSE OR ANY FORM OF CRIMINAL ACTIVITY TO ANY IN THE MEDIA, UNION OFFICIAL, DISTRICT ATTORNEY, STATE ATTORNEY GENERAL, UNITED STATES ATTORNEY, FBI, LOCAL OR STATE POLICE AS THESE ENTITIES MAY PROTECT OR REPRESENT THOSE WHO MAY BE DOING THE VIOLATIONS AND NOT YOU....FIRST, YOU MUST SEEK A REPUTABLE PRIVATE LAWYER YOU TRUST BEFORE COMMUNICATING, TALKING , OR ACTING.

John Gatti Jr

Enclosed is the LAW


The Massachusetts Whistleblower Protection Act
THE MASSACHUSETTS WHISTLEBLOWER PROTECTION ACT
"An Act to Protect Conscientious Employees"

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
Chapter 149 of the General Laws, as appearing in the 1992 Official edition, is hereby amended by inserting after section 184 the following:

Section 185.

(a) As used in this section, the following words shall have the following meanings:

(1) "Employee", any individual who preforms services for and under the control and direction of an employer for wages or other remuneration.
(2) "Employer", the commonwealth, and its agencies or subdivisions, including, but not limited to, cities, towns, counties and regional school districts, or any authority, commission, board or instrumentality thereof.
(3) "Public body",

(A) the United States Congress, any state legislature, including the general court, or any popularly elected local government body. or any member or employee thereof;
(B) any federal, state, or local judiciary, or any member or employee thereof, or any grand or petit jury;
(C) any federal, state or local law enforcement agency, prosecutorial office, or police or peace officer; or
(D) any division, board,bureau, office, committee or commission of any of the public bodies described in the above paragraphs of this subsection.

(4) "Supervisor", any individual to whom an employer has given the authority to direct and control the work performance of the affected employee, who has the authority to take corrective action regarding the violation of the law, rule or regulation of which the employee complains, or who has been designated by the employer on the notice required under subsection (g).
(5) "Retaliatory action", the discharge, suspension or demotion of an employee, or other adverse employment action taken against an employee in the terms and conditions of employment.

(b) An employer shall not take any retaliatory action against an employee because the employee does any of the following:

(1) Discloses, or threatens to disclose to a supervisor or to a public body an activity, policy or practice of the employer, or of an other employer with whom the employee's employer has a business relationship, that the employee reasonably believes is in violation of the law, or rule or regulation promulgated pursuant to law, or which the employee reasonably believes poses a risk to public health, safety or the environment;
(2) Provides information to, or testifies before, any public boy conducting an investigation, hearing or inquiry into any violation of law, or a rule or regulation promulgated pursuant to law, or activity, policy or practice which the employee reasonably believes poses a risk to public health, safety or the environment by the employer, or by another employer with whom the employee's employer has a business relationship; or
(3) Objects to, or refuse to participate in any activity, policy or practice which the employee reasonably believes poses a risk to public health, safety or the environment.

(c)

(1) Except as provided in paragraph (2), the protection against retaliatory action provided by subsection (b)(1) shall not apply to an employee who makes a disclosure to a public body unless the employee has brought the activity, policy or practice in violation of the law, or a rule or regulation promulgated pursuant to law, or which the employee reasonably believes poses a risk to public health, safety or the environment, to the attention of a supervisor of the employee by written notice and has afforded the employer a reasonable opportunity to correct the activity, policy or practice.
(2) An employee is not required to comply with paragraph (1) if he:
(A) is reasonably certain that the activity, policy or practice ia known to one or more supervisors of the employer and the situation is emergency in nature;
(B) reasonably fears physical harm as a result of the disclosure provided; or
(C) makes the disclosure to a public body as defined in clause (B) or (D) of the definition of 'public body" in subsection (a) for the purpose of providing evidence of what the employee reasonably believes to be a crime.

(d) Any employee or former employee aggrieved by a violation of this section may, within two years, institute a civil action in the superior court. Any party to said action shall be entitled to claim a jury trial. All remedies available in common law tort actions shall be made available to prevailing plaintiffs. These remedies are in a addition to any legal or equitable relief provided herein. The court may:

(1) issue temporary restraining orders or preliminary or permanent injunctions to restrain continued violation of this section;
(2) reinstate the employee to the same position held before the retaliatory action, or to an equivalent position;
(3) reinstate full fringe benefits ad seniority rights to the employee;
(4) compensate the employee for three times the lost wages, benefits and other remuneration, and interest thereon; and
(5) order payment by the employer of reasonable costs, and attorneys' fees.

(e)

(1) except as provided in paragraph (2), in any action brought by an employee under subsection (d), if the court finds the action was without basis in law or fact, the court may award reasonable attorney's fees and court costs to the employer.
(2) An employee shall not be assessed attorney's fees under paragraph 1 one (1) if, after exercising reasonable and diligent efforts after filing a suit, the employee moves to dismiss the action against the employer, or files a notice agreeing to a voluntary dismissal, within a reasonable time after determining that the employer would not be found liable for damages.

(f) Nothing in this section shall be deemed to diminish the rights, privileges or remedies of any employee under any other federal or state law or regulation, or under any collective bargaining agreement or employment contract; except that the institution of a private action in accordance subsection (d) shall be deemed a waiver by the plaintiff of the rights and remedies available to him, for the actions of the employer, under any other contract, collective bargaining agreement, state law, rule or regulation, or under common law.

(g) An employer shall conspicuously display notices reasonably designed to inform its employees of their protection and obligations under this section, and use other appropriate means to keep its employees informed. Each notice posted pursuant to this subsection shall include the name of the person or person the employer has designated to receive written notification pursuant to subsection

FITCH BOND RATING TRYING TO DEGRADE UNITED STATES BOND RATING......ANOTHER FITCH BOND NRATING FRAUD???????  The following is what we learned about so called Bond rating Companies Fitch, Moody, and Standard % Poor... years ago in Massachusetts.....I challenge to be corrected.....

DO NOT TRUST THE BOND RATING COMAPANIES.....THEY DID NOT WARN US ABOUT WALL STREET BANKERS,AIG, LEHMAN BROTHERS, BEAR STEARNS, FREEDIC MAC, FANNIE MAE, AND BERNIE MADOFF.


This is part of the United States Debt Crisis no one is discussing. There is sleaze which must be stated in the strongest terms and strongest language including unacceptable profanity. The real scoundrels are the so called Bonding agencies Moody, Fitch, and Standard and Poor, and many others who failed previously.


I lost all respect for all Bonding Agencies in 1989 when Massachusetts was dealing with a state budget crisis. State Representative Jack Flood, D-Canton, then chair of the Legislative Joint Committee on Taxation exposed the Bonding Agencies. Flood stated that Massachusetts was doing fine according to the Bonding Agencies while Governor Michael S. Dukakis was a candidate for the Office of President of the United States in 1988. Shortly after he was defeated the same bonding agencies announced the state was in a calamity. Those words and statement by the often times combative Flood laid the ground work for some of us who advocate accountability and oversight to step back and look at the process with mistrust unless duly verified all so called ratings by bonding Companies.


Next, we moved to the last days of the George W. Bush Administration years later circa 2008 and the Bank Bailout that then Senator Barack Obama went along to get along with the Republican and Democratic Senators and Representatives. These Bonding Companies did not warn anyone of all the phony numbers being reported in the greedy Financial Industry Campaign Contributors often misleading the Accountants, Auditors, and Government Agency overseers who relied on their so called rating numbers and misleading statements…..And then there was the Crown Jewel Symbol of this greed Bernie Madoff along with team members for all that was wrong AIG, Bear Stearns, and the rest of the Wall Street Greed Merchants.
Now we look at the Presidency and Congress who are all choked up because we have a so called crisis of losing a so called United States Government Bond Rating AAA from these so called Bond Rating Agencies? Please stop fooling and scaring the citizens and taxpayers the elderly, those in need, our veterans, honest businesses, and industries, and the so called foreign creditors. Past and present Republican and Democratic Presidents and Congress, you men and women caused this calamity, FIX IT ONCE AND FOR THE FUTURE.


As for all the illustrious Bonding Companies-DECONTAMINATE YOUR POLICES AND PROCEDURES WITH A GOOD MOUTHWASH BEFORE YOU SPEAK ALONG WITH A SANITIZED PEN WITH PROPER ETHICS WHEN YOU GIVE A RATING…….. THE TIME HAS COME FOR STANDARD AND POOR, MOODY, FITCH, AND THE OTHER RATING AGENCIES TO DEVELOP A NEW STRONG CODE OF ETHICS TO LEAD….. SO THE AMERICAN CITIZEN CAN TRUST YOU AND NOT LOATHE …THE CITIZENS MUST BEGIN TO TRUST YOUR FINDINGS AND YOUR JUDGEMMENTS...THE PEOPLE ON MAIN STREET DESERVE BETTER FOR ONCE AND NOT WALL STREET.

Massachusetts Democrat Operatives getting ready to pin Big Dig Construction Scandal that went from $2.3 Billion to $24Billion+ blaming wannabe 2014 Governor
Republican  Retread  Political Boss Candidate Charlie Baker.

Baker is ARROGANT GUILTY. However, the Democrats are Much More GUILTY.

THESE ARE THE FACTS THE MEDIA SEEMS TO FORGET AND AGAIN COVERING UP.

The bottom line is 1990 era Democratic Governor Michael Dukakis and his Secretary of Transportation Fred Salvucci and then highway commissioner Jane Garvey were the forefathers and birth mother laying the foundation for the Big Dig scheme that brought the “no bid, cost plus and little oversight of “ Bechtel with the many other contractors and consultants. Their legacy was continued and enhanced to an art form by the succeeding Republican Governors of Massachusetts, Weld, Cellucci, Swift, and Romney along with their minions of Peter Nessen, Jim Kerasiotis, James Carlin, and Charlie Baker.

The Massachusetts Legislature at almost every inch of the way has shown a lack of oversight and accountability fostered and responsible by the former long term Chairs of the Joint Committee on Transportation Robert Havern and Steven Karol. State Senator Mark Pacheco who heads the Senate Post Audit and Oversight Committee is has made statements on the Big Dig! His so called landmark contract legislation of accountability and oversight called the Pacheco Bill of a decade and a half ago specifically exempts engineering and design from proper fiscal analysis that allowed the Big Dig calamity. Pacheco’s exemption paved the way with impunity for the failures of Bechtel and others to ply their runaway costs.

Boston CBS 4 reporter Jon Keller stated  on a station’s talk show when asked why all the failures of the original $2.3 Billion contract now reaching $18-$20 Billion project was not reported by the media. Keller the former Boston Globe Editorial writer and columnist stated that both Editorial Boards of the Boston Newspapers (Globe and Boston Herald) were in the “tank”. He even outed a former Globe colleague David Warsh as a long time enabler. There are so many other names of journalists and media types that participated or turned a blind eye.

Next, we had the revolving door of Massachusetts State Attorney Generals L. Scxott Harshbarger and Tom Reilly. Massachusetts also had Democrat and Republican US Attorneys of Wayne Budd, Donald Stern, and Michael Sullivan who served Democratic and Republican Presidents as well as Congresses adding to the record of little or no pleas for oversight. Middlesex District Attorney Gerry Leone formerly top criminal prosecutor for the state Attorney General who went on to work for the US Attorney has a record of toothless probes on the Big Dig during his tenures.

The Federal Highway Administration and Federal Offices of Inspector General along with the politically appointed non career managers of the Massachusetts State Highway Department and toll road Turnpike Authority required little or no accountability of Federal, State tax dollars, and Toll Fees. Their inactions insured shoddy workmanship and cost escalations despite outcries from construction workers and government engineers. This resulted in diversion of needed State and Federal Tax dollars from other Massachusetts roads and bridges resulting in their serious current disrepair status.

I suggest those seeking the truth on the Big Dig look at the State House Post Audit and Oversight Committee and past reports on the Big Dig under former chairs Cerasoli, Thomas Kennedy, and especially the era of William Nagle and staff director Thomas Hammond to determine the facts against what Kennedy, Kerry and others after decades are trying to do to appear as crusaders. That legislative committee of integrity was the sole sanctuary to bring financial sanity and oversight to the project despite the Big Dig juggernaut of attacks. Their efforts were stopped when Representative James Fagan became chair and the departure of then crusading Staff Director Thomas Hammond.

Additionally, talk to the real heroes of good government that sounded the alarms who were dismissed, demeaned, intimidated, or called “gadflys” by the Big Dig propaganda machine. They include reporters Peter Howe, Tim Sandler,Wendell Woodman, John Coughlin, Charles Sennott,Joe Bergantino Ron Gallobin, Jon Wells, David Kassel, John Vanscoyoc, John Strahinch, and Joe Bergantino to name a few to the list. Also, note people such as legislators, the late Fran Doris, Marie Parente, Bill Constantino, Tom Norton, William Keating, Christy Mihos, Richard Moore, Warren Tolman, and Vincent Mannering. Even Speaker Dimasi when a rank and file legislator and Emmanuel Serra were also dismissed. Special mention should go to the late Jerry Williams, Fred Langone, Chris Ianella, Joe Baresi, Steve Cotton, Joe Dinucci as well as Howie Carr, Larry Overlan, K. Dunn Gifford, Auditor DeNucci, and Scott Amey of the Washington based whistleblower group Project on Government Oversight for all their time and efforts that went unheeded by the late US Senator Kennedy, John Kerry and others.


 Massachuestts needs a new anti corruption WARD Commission with teeth that came abot after the Government Center scandal to get needed reforms and be the model for the federal government to follow

BEWARE: LAW FIRMS WHO EXPLOIT POTENTIAL WRONG DOING REPORTING FOR

WARNING: Beware of Law Firms that exploit sincerity for $$$$$ and public relation gains who do not respect persons who sincerely come forward to expose waste, fraud, and abuse.

There should no need for Whistleblowers if government did its job of oversight and accountability of public funds. Law Enforcement and Regulatory Agencies watchdogs have failed in their mission of enforcement and regulations of functions of business practices.

There is an almost complete lack of codes of conduct by labor bosses and those in business operations in performing services or producing commodities and products. This has resulted in a lack of high standards of performance by a go along to get along workforce afraid to stand up to improprieties for fear of retaliation or job loss.
Now, the greed sector of for profit and billing attorneys finding a way to gain moneys by taking and promoting litigation and insincere devious persons look to cash in by collaborating not to correct injustices but to obtain dollars.

 

MASSACHUSETTS REPUBLICAN PARTY CONCEDES 2014 RACE FOR GOVERNOR AS  PARTY POLITICAL BOSSES PROMOTE AGAIN CHARLES BAKER TO MAKE RETREAD FAILED  TITANIC RUN

Charles Baker Jr. who quit a multi-million dollar job at Harvard Pilgrim to take a massive cut in pay to be governor and lost badly in 2010 is wishful thinking again for 2014?  This failed  state bailed out health insurer engineered by Baker who later took a job?


I welcome again his disgusting non factual statements on all he has advocated for the insurers not in the interest in those in need of healthcare or businesses attempting to provide affordable health care to their employees. Imagine Baker in the race, he is the face for ungovernment reforms,no accountability, no oversight inefficiency, waste, and mismanagement in government.


 Look at his dismantling record in the Human Services Secretariat State Delivery System that lacked care, compassion, concern,and fiscal accountability. As State Chief Budget Guru, look at his decision making and enabling the Big Dig to flourish with a lack of accountability and oversight. We need to hear all Baker did not do. SO MANY FAILURES TO GIVE CREDIT TO HIM. The Harvard-Pilgrim almost demise with an insider state Government Bailout , that Baker became the head? Private Sector Worker to Government Manager back to Private sector Company once under his purview.

Now really he wants to be Governor….A man with no compassion, care and concern for the citizens or tax dollars. The record is there businesses wanting affordable health care for themselves and their employees and consumers in need of healthcare cannot trust the elitist Charles Baker.

Mass

Place Your Bets For Massaschusetts Slots Parlor(s) License--Here are the Current Odds To Get a Massachusetts Slot Machine Parlor, Subject to Change.....George Carney of the defunct Raynham-Taunton Dog Track(1-9), Gary Piontkowski of the struggling Planridge Harness Track(10-1), Worcester, Town or City Daily Proposal Balloon (30-1) or unknown player to be Annointed by hiring $$$  lobbyist, political influence, or campaign contributions(45-1 and declining).....Losers Massachusetts Citizens and Taxpayers?

Politically Appointed Massachusetts Casino Commission Ready to Give Away Slot Machine
Parlor(s)  Based on Influence?

Another fleecing in Massachusetts is taking place with the taxpayers and citizens getting little with the rushing train of casinos and slot machine Parlors coming that will not be stopped. Stand back, aside, don't be crushed, and watch the high powered special interests of Casino Billionaire Combines dominating the agenda. The so called destitute race tracks teaming up with the big time operators.

You will witness that is already here one of the most expensive lobbying efforts by profiteers ever to take place in Massachusetts plying their abilities and advocacy dollars of influence to get favorability, access for profits, personal gain and certainly not for the common good.

The lobbyists will profit, along with lawyers, bankers. public relations specialists, developers, landowners, so called non career temporary politically elected and appointed managers of government looking to secure a future or personal gain. They along with media ad sellers, sub contractors, construction companies, and potential service providers will be coming at the out resourced citizens and legislators that will make the Big Dig shoddy construction failure public relations fraud look elementary.

Massachusetts needs a truly independent diverse Casino review process composed only of people who cannot swayed or influence by ideology or personal gain. Will our government officials do it right? So far not good with the Governor Deval Patrick So Called Gaming Commission chaired by a political operative and non merit based appointees and workers? 

Massachusetts Non Profits, Not For Profits, and Foundations Must Now Clean UP Their Own Management Greed As What Was Exposed In The Banking And Insurance Industry.....Savings Could be at least $750 million to $1.5 billiuon+ Alone In The State Budget. .....

Government,Foundations, and Citizens all struggling in our nation's failed economy caused by unmonitored corporate financial greed and failed government oversight must show additional compassion and dig deeper into their pocketbooks. Compassion, Care, and Concern are needed to guarantee what is funded is precisely spent as intended.

However, the time has come that the non profits and not for profits be held to a higher standard also. Greed CEO salaries.golden parachutes, fat expense accounts, and interrelated sweetheart contracts must be addressed. Direct care services advertised must be maintained with need sincerity and actually being provided as funded.

Estimates not taking in consideration the $$$$billions in private giving accounts in the state budget alone if waste, fraud, abuse corruption and doing proper oversight could recover $750 Billion+ to $1.5 Billion + alone in State budget Expenditures by holding the non profit and not for profit Human Services Industrial Complex were properly audited and monitored.

All OUT REPORTING IS NEEDED TO GAIN REFORMS AND STOP THE WAR OF WORDS BETWEEN CONSTRUCTION LABOR BOSSES AND NON UNION CONTRACTORS

There is a constant daily all out media war being conducted in the construction industry by the labor bosses and non union contractors in Massachusetts that needs truth and investigative reporting to truly inform the citizenry. The media in some sort of continuous analysis must present the reality of the situation in order to be a catalyst for the required reforms.

The babble and phony statements continue relative to union and non union projects. The labor bosses on one side and so called non union contractors on the other side. The highly paid construction bosses out of touch with their members and taxpayers continue their show boating. The unions themselves squabble among themselves with various crafts raiding the others' work on job sites. The so called non union contractors keep on giving misinformation and working for goals of little or no oversight by maintaining a blind eye to the rampant fraud and abuse

The bottom line is prevailing wage laws on public works projects and their intention is good for the industry and taxpayers. The laws insure quality in construction be a union or non union contractor doing the work utilizing public taxpayer dollars.

The problem is the laws are not being properly enforced by state government to insure that a dollars work of public works construction for a dollar being paid. The labor bosses themselves are to be blamed since they destroyed the Secretariat of Labor. These same bosses continually cover up non enforcement, monitoring, and their destruction of proper enforcement. The Attorney General does not employ a system of systematic construction workplace inspections that continues to result in widespread cheating both in construction and employment laws. Workforce Development continues not to function properly with politically appointed managers who knowingly allow the crisis in former labor boss roles who now manage the agency.

Coupled with the labor bosses and so called open shop contractors war are the victimizing of union and nonunion workers and taxpayers. Bid ,Workers Compensation Employment, Wage and Hour, Tax, Safety, Development and Engineering laws, rules, and regulations are literally not being enforced in public and private construction works.

Even the BIG DIG with the original price tag going from $2 billion to $23 billion has not awakened the Governor and Legislature. Honest employers and their employees be union or non union who maintain proper standards are being forced to compete against those unscrupulous contractors who cheat and rarely fear getting caught.

The time has come for another WARD type Commission which was implemented during the Government Center construction scandal be formed to deal with public and private construction Procurement and Bid Laws. However, this time there must be built in continuous monitoring and enforcement, to protect government funding, the taxpayers and citizens. The so called labor bosses, union and open shop contractors, engineers, architects, government officials must realize and address this reality. Public Interest and not self interest must come first.

WARNING. DO NOT CONTACT OR REPORT WASTE, FRAUD, ABUSE OR ANY FORM OF CRIMINAL ACTIVITY TO ANY IN THE MEDIA, UNION OFFICIAL, DISTRICT ATTORNEY, STATE ATTORNEY GENERAL, UNITED STATES ATTORNEY, FBI, LOCAL OR STATE POLICE AS THESE ENTITIES MAY PROTECT OR REPRESENT THOSE WHO MAY BE DOING THE VIOLATIONS AND NOT YOU....FIRST, YOU MUST SEEK A REPUTABLE PRIVATE LAWYER YOU TRUST BEFORE COMMUNICATING, TALKING TO, OR ACTING OUTSIDE YOUR EMPLOYER,

John Gatti Jr

Enclosed is the LAW


The Massachusetts Whistleblower Protection Act
THE MASSACHUSETTS WHISTLEBLOWER PROTECTION ACT
"An Act to Protect Conscientious Employees"

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
Chapter 149 of the General Laws, as appearing in the 1992 Official edition, is hereby amended by inserting after section 184 the following:

Section 185.

(a) As used in this section, the following words shall have the following meanings:

(1) "Employee", any individual who preforms services for and under the control and direction of an employer for wages or other remuneration.
(2) "Employer", the commonwealth, and its agencies or subdivisions, including, but not limited to, cities, towns, counties and regional school districts, or any authority, commission, board or instrumentality thereof.
(3) "Public body",

(A) the United States Congress, any state legislature, including the general court, or any popularly elected local government body. or any member or employee thereof;
(B) any federal, state, or local judiciary, or any member or employee thereof, or any grand or petit jury;
(C) any federal, state or local law enforcement agency, prosecutorial office, or police or peace officer; or
(D) any division, board,bureau, office, committee or commission of any of the public bodies described in the above paragraphs of this subsection.

(4) "Supervisor", any individual to whom an employer has given the authority to direct and control the work performance of the affected employee, who has the authority to take corrective action regarding the violation of the law, rule or regulation of which the employee complains, or who has been designated by the employer on the notice required under subsection (g).
(5) "Retaliatory action", the discharge, suspension or demotion of an employee, or other adverse employment action taken against an employee in the terms and conditions of employment.

(b) An employer shall not take any retaliatory action against an employee because the employee does any of the following:

(1) Discloses, or threatens to disclose to a supervisor or to a public body an activity, policy or practice of the employer, or of an other employer with whom the employee's employer has a business relationship, that the employee reasonably believes is in violation of the law, or rule or regulation promulgated pursuant to law, or which the employee reasonably believes poses a risk to public health, safety or the environment;
(2) Provides information to, or testifies before, any public boy conducting an investigation, hearing or inquiry into any violation of law, or a rule or regulation promulgated pursuant to law, or activity, policy or practice which the employee reasonably believes poses a risk to public health, safety or the environment by the employer, or by another employer with whom the employee's employer has a business relationship; or
(3) Objects to, or refuse to participate in any activity, policy or practice which the employee reasonably believes poses a risk to public health, safety or the environment.

(c)

(1) Except as provided in paragraph (2), the protection against retaliatory action provided by subsection (b)(1) shall not apply to an employee who makes a disclosure to a public body unless the employee has brought the activity, policy or practice in violation of the law, or a rule or regulation promulgated pursuant to law, or which the employee reasonably believes poses a risk to public health, safety or the environment, to the attention of a supervisor of the employee by written notice and has afforded the employer a reasonable opportunity to correct the activity, policy or practice.
(2) An employee is not required to comply with paragraph (1) if he:
(A) is reasonably certain that the activity, policy or practice ia known to one or more supervisors of the employer and the situation is emergency in nature;
(B) reasonably fears physical harm as a result of the disclosure provided; or
(C) makes the disclosure to a public body as defined in clause (B) or (D) of the definition of 'public body" in subsection (a) for the purpose of providing evidence of what the employee reasonably believes to be a crime.

(d) Any employee or former employee aggrieved by a violation of this section may, within two years, institute a civil action in the superior court. Any party to said action shall be entitled to claim a jury trial. All remedies available in common law tort actions shall be made available to prevailing plaintiffs. These remedies are in a addition to any legal or equitable relief provided herein. The court may:

(1) issue temporary restraining orders or preliminary or permanent injunctions to restrain continued violation of this section;
(2) reinstate the employee to the same position held before the retaliatory action, or to an equivalent position;
(3) reinstate full fringe benefits ad seniority rights to the employee;
(4) compensate the employee for three times the lost wages, benefits and other remuneration, and interest thereon; and
(5) order payment by the employer of reasonable costs, and attorneys' fees.

(e)

(1) except as provided in paragraph (2), in any action brought by an employee under subsection (d), if the court finds the action was without basis in law or fact, the court may award reasonable attorney's fees and court costs to the employer.
(2) An employee shall not be assessed attorney's fees under paragraph 1 one (1) if, after exercising reasonable and diligent efforts after filing a suit, the employee moves to dismiss the action against the employer, or files a notice agreeing to a voluntary dismissal, within a reasonable time after determining that the employer would not be found liable for damages.

(f) Nothing in this section shall be deemed to diminish the rights, privileges or remedies of any employee under any other federal or state law or regulation, or under any collective bargaining agreement or employment contract; except that the institution of a private action in accordance subsection (d) shall be deemed a waiver by the plaintiff of the rights and remedies available to him, for the actions of the employer, under any other contract, collective bargaining agreement, state law, rule or regulation, or under common law.

(g) An employer shall conspicuously display notices reasonably designed to inform its employees of their protection and obligations under this section, and use other appropriate means to keep its employees informed. Each notice posted pursuant to this subsection shall include the name of the person or person the employer has designated to receive written notification pursuant to subsection

ANOTHER NATIONAL SUNSHINE WEEK ENDS March 10-17. NOTHING CHANGES IN MASSASCHUSETTS-----TRANSPARENCY IS TALKED ABOUT---AND INITIATIVES AGAIN PLACED IN THE WASTE BASKET AGAIN!!!!!!!

March 11-17 National Sunshine Week is the ideal time to move forward for the Media to act. This yearly national initiative includes those from the news media with interested groups and entities along with many other individuals interested in open government operations. The goal of the initiative is to promote discussions and dialogues on Freedom of information by advocating Open and Transparent Government Operations.

Significant challenges were seen in 2010 and nseems to die since to the first amendment and free speech by Massachusetts local governments functioning in their operations. Some Governments adhered to promoting transparency for their citizenry served. Others continued old ways lacking openness. Government entities must sincerely strive to follow the intent and spirit of the new Open Meeting State Law placed in the Office of the Massachusetts Attorney General. Many local governments are still failing knowingly or unknowingly or using cursory approaches avoiding the intent of the legislative mandate at Transparency and Openness.

The goals and objectives of National Sunshine Week are most important to Freedom of the Press and transparency for all government and private operations.

There are challenges Newspapers, Broadcasters, and all in the Media because of the industry downsizing economic turmoil of recent years coupled with new technologies of the Social Media. This makes traditional reporting as we have known especially investigative reporting quite difficult due to severe budgetary and revenue constraints. This has resulted in the downsizing of media and newspaper coverage of government meetings and operations often limiting the Public Right to Know.

The traditional role of the editorial page has changed. Reporters do not have adequate time to properly research and report the news as formerly existed. This leaves parts of the news or having proper different researched positions or facts by Citizens being left out. This results in government appointed and elected officials having continuous Press Access most times without proper verification obtaining their positions published.

Newspapers, Broadcast, and Social Media management must consider adopting a stated modern Code of Ethics for their entities. Further, I advocate the same standard for Reporter Associations Current Editors, Reporters, and new hires to pledge to a stated Code of Conduct and accepted Journalism Behavior.

The traditional place for biased views and columns of various perspectives is still the Editorial Page. Media reporters that compile the news at all levels must be objective, fair, and unbiased and not subjectively discriminate which views to report without proper verification.

This is an opportunity for all Media by adopting a stated Modern Code of Ethics and Reporters Code of Conduct to be a model for others lacking in the Print, Broadcast, and Social Media during National Sunshine Week as well as well as for the readership and listeners going forward. An Ethics and Conduct Code by all in the Media would stop the continuous attacks by critics and help passage of a much needed “ Massachusetts Shield Law” and other Transparency Reforms.

MASSACHUSETTS TURNPIKE, TUNNEL, SUBWAY, AND GAS TAX INCREASE PROPOSALS BEING PROPOSED BY MASSACHUSETTS GOVERNOR DEVAL PATRICK APPEARS TO BE A COVER UP FOR , WASTE, FRAUD AND ABUSE OF THE BIG DIG AND FAILURE TO FIX THE ROADS AND BRIDGES FROM THE PROMSED PREVIOUS GAS TAX INCREASE?


Former longtime Turnpike Chair Jack Driscoll wanted to pay off original bonds to make the road free. His financial promise was not carried out by his successors and they issued more bonds and unnneeded debt. Former House Chair of Transportation and now lobbyist Steven Karol stated in a debate measure before the House to stop legislation that would have guaranteed oversight of the Big Dig that the turnpike would not pay for the Big Dig!

During the heyday of the BIG DIG Karol and his cochair counterpart in the Massachusetts Senate Robert Havern battled against or did not listen to calls for accountability and oversight of the Big Dig. The plague of the Big Dig scheme was birthed by former Democratic Michael Dukais and his Transportation guru Fred Salvucci. Subsequent Republican Governors Weld, Cellucci, Swift, and Romaney along with their transportation czars Jim Carlin and Jim Kerasiotis elevated the effort to an art form.

This resulted in needed funds to fix unfit roads and bridges coming in from the Federal Government being diverted to the Big Dig. Their tandam efforts saw the Big Dig go from $2.3 Billion to $23+ Billion with almost not accountability and oversight. Massachusetts now has the most expensive unmonitored privitized construction project monument in history built that resulted in waste, fraud, and abuse, and bad construction.

We were promised that the Big Dig would be funded 90% with federal funds and was not. The last gas tax in 1991 was suppose to fix the roads and bridges needing repairs and did not.

House Chair SenatorThomas M McGee and Representative William M Straus rneed an education wake up call. First, their Transportation Committee should hire its own non political independent structural and civil engineers and an economist to do its own analysis and determine the real needs and not depend on the special interests to set policy. Also, when will Senator Baddour and Representaive Wagner learn that privatization with no accountability that they have allowed does not work? They have not learned from privatization failures of the Big Dig genius of Bechtel Parson or Modern Continental on Rte. 3.

Massachusetts needs another WARD type commission that came about during the government center scandal to get the real facts, precisely pinpoint blame for current failures to see where the monies went before any subway, toll or gas tax increases. The time is overdue for real accountability and oversight that guarantees no more waste, fraud, and abuse of Federal Highway Monies, Toll and Tunnel Collections, or Gas Taxes.

BOSTON GLOBE AND WORCESTER TELEGRAM COMING SALE IS BAD FOR PRESS FREEDOMS.  DIMINISHING GOVERNMENT,  BUSINESS, AND LABOR TRANSPARENCY AND ACCOUNTABILITY AFFECTS ALL C\ITIZENS NOT ONLY THE EMPLOYEES.


You Boston Globe and Worcester Telegam Employees left wake up and save your newspapers yourselves  Fight to prevent any undesirable persons or entity from taking over.

Those of us who have loved or hated the newspapers reporting despite many who were/are despicable  are saddened to see such a decline in Transparency of holding Government Business/Labor accountable with the additional new challenge of a potential below 90% sale to a potential Pirateer

Investigative journalism is wounded of late at the Globe and Worcester Telegram due to declining number of staff and resources  Both newspapers should survive and be energized for the 21st century for the common good.

The decline in value of both papers and net worth from almost $1.4 Billion to perhaps around $99 Million almost -90% is a disgrace of management  AS for the Worcester Telegram reportedly bought by the Times between $250-290 million perspective sale could be a flea market late day low end buy  Selling the papers at Dollar Store Prices is disgusting to to watch with no nothings of journalism, vultre capitalists and liquidators doing the Makeoff/Ponzi scheme

Caring Employees do not let it happen  Demand your union dues sucking labor bosses and so called dedicated managers left do something other than abandonment and disinterest Do not allow these pretenders to care only eying self service and their liquidated piece of the fast buck available during the sale of the newspapers

The solution is an ESOP(Employee Stock Option Plan) company where the working employees own the companies or turn the papers into a non profit or not for profit entity for the citizens and readers