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?