PRESS RELEASE Contact: John Gatti JR

March 8, 2012                                                                        

 

 

MASSACHUSETTS WHISTLEBLOWER CALLS ON THE MEDIA TO ADOPT MODERN CODES OF ETHICS AND CONDUCT DURING NATIONAL SUNSHINE WEEK MARCH 11-17 TO GET STUMBULLED “SHIELD LAW” LEGISLATION AND MORE TRANSPARENCY REFORMS THROUGH THE LEGISLATURE-The MEDIA MUST GIVE CONFIDENCE THESE TOOLS IN THEIR HANDS WILL NOT BE ABUSED.

 

 

John Gatti Jr, Architect of, the Massachusetts Public Employee Law Calls stated, “For years Massachusetts Legislation for a Strong Shield Law and enhanced protections to provide proper protections for Reporters and Citizens honestly reporting improprieties has languished. The Media has not done enough to give confidence that these tools in their hands would not be abused. A strong Media Code of Ethics and Code of Conduct is needed to further help passage of this law”.

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 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.

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BOSTON MAYOR THOMAS MENINO PROPOSING ANOTHER MASSACHUSETTS GAS TAX INCREASE FRAUD---Boston, Massachusetts Mayor Thomas Menino wants to increase the state gas tax previously raised not used to allegedly fix the crumbling roads and bridges and give funds to the debt mismanaged mass transit system.....game is on to fool the taxpayers again.....the last gas tax increase did not do what was promised and now Menino and his staff want more.....NO at $3.50 goimg to $4.00 , and potentially $5,00 a gallon already for gas...FOOLISH AND UN CREDITABLE.

I am most disappointed in any support of a Gas Tax Increase without stating the facts and history of how previous ones were spent. At least look at the issue in total and present all the facts and history of where the gas tax increases went before demanding any gas tax or allowing any toll increases.

The former chair of the House Transportation Committee Representative Steven J. Karol stated in a contentious debate on the House Floor in May 1990 that no Turnpike funds would be used to pay for the Big Dig. This took place to approve legislation many were involved that already passed the Senate which would have provided oversight and accountability of the Big Dig project. The Special Interests defeated the measure.

When the last gas tax increase was approved in 1991, we were told that was adequate to fix the deteriorating roads and bridges that upon review did not. Look at was done and not fixed. Look at Federal Funds pouring into Massachusetts that could have been used to repair Massachusetts Interstate and Primary Roads and Bridges and were not.

The recent sad revelation revealed that Parsons Brinkerhoff part of the Big Dig engineering, design, and private oversight of the construction team that ran the Big Dig project from the original $2.3 billion to $23 Billion+ that is now to be awarded the lead design manager for the $370 million Massport project. Government leaders should be asked the if this is right for the inefficiency, waste, mismanaged, fraud, and abuse of the Big Dig. under their watch? This is a moral and financial outrage. The Big Dig is the world’s largest construction project and is a monument for private sector greed and ravage of taxpayers by state and national government. Gas Taxes, Turnpike and Tunnel Tolls expansions should be taken off the table and not even be considered upfront.

Menino during all the years in office never was an ally or supported those who complained about the waste, fraud, abuse, of this $23 Billion+  world leading defective project. Menino sat back not saying or doing anything to curb inefficiency and abuse of  tax dollars.  Gas Taxes, Turnpike and Tunnel Tolls expansions should be taken off the table and not even be considered.

The time has come for Massachusetts to establish a new WARD Type Commission such as established during the Boston Government Scandal that forced the legislature to implement many government contracting reforms that seem to have eroded in recent years.

Government and the media should inform the Citizens and Taxpayers where previous gas tax increases that were previously promised to fix and repair all the dysfunctional roads and bridges. The guilty and enablers who got Massachusetts into this mess must be exposed and held accountable first. The failure to prosecute in criminal and Civil Courts the truly guilty for mthe Big Dig mess is deplorable and an insult to all Massachusetts citizens and ther pocketbook.

To do any increases to the taxpayer without insuring again independent proper government oversight and accountability that is truly independent and staffed to stand up to bad construction practices and the many special interests of contractors, bankers, bonding companies, insurers, consultants, out of touch labor bosses, and campaign contributions that will take Massachusetts citizens for a ride again is wrong and will lead to a further disaster to Taxpayers.

Raising the Gas Tax during the current recession is not a good public policy. Strugglng lower, low, and middle income citizens

Politically Appointed Massachusetts Casino Commission Forming and Getting Ready to Give Away Casino Sites Based on Merit or Influence?

Another fleecing in Massachusetts is taking place with the taxpayers and citizens getting little with the rushing train of casinos and slot machines coming that will not be stopped. Stand back and watch the high powered special interests of Casino Billionaire Combines dominating the agenda. The so called destitute race tracks already 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 Commission being compiled!

MASSACHUSETTS RESIDENTS MUST NOT BE REQUIRED TO APOLOGIZE TO THE CITIZENS OF THE UNITED STATES AND THE WORLD FOR WOULD BE PRESIDENTS MICHAEL DUKAKIS 1988, JOHN KERRY 2004, AND NOW MITT ROMNEY 2012?

Do not judge all citizens and those who live in Massachusetts by these guys.  Most men and women in the state are not like the image or deeds they present or pronounce.

The former Massachusetts Governor Michael Dukakis during his tenure began the process while Governor for the destruction of the state delivery of the Human Services System for Public Health, Elderly, Children, Developly Disabled, and those in need of Mental and Substance Abuse.  He gave the duties to Speculators, Consultants, and Vendors with little or no required Oversight or Accountability on cost or quality. Also, the Dukakis Administration gave birth to the most expensive no bid with almost no accountable system of quality and cost. That Transportation Project was the most expensive in the world of its day that went from $2.3 to a $24 Billion shoddy failure called the BIG DIG.  His campaign for the Presidency resulted in failure and embarrassed the Massachusetts Brand in 1988.

Massachusetts Senator John Kerry is known for his many miscues and questionable earned/unearned wealth including for moving a fire hydrant that became a scandal of having the unsightly ornament moved from its site in front of his multi million $$$$ townhouse in the most affluent Boston neighborhood. Also, our Massachusetts Senator bought a yacht built in New Zealand and registered in Rhode Island that avoided Massachusetts State taxes.  Yet, he wants to raise citizen taxes as a United States Senator and tries to be one of the 99%. His campaign for the Presidency resulted in failure and further embarrassed the Massachusetts Brand in 2004.

Finally, Mitt Romney is our former Massachusetts Governor who fled the state not seeking re-election as the Polls were not favorable at the time.  Finally, as the Boston Bain Capital Commander Chief Executive Officer, Romney who alleges with no specific detail data he created so many jobs according to himself.  This is under review and audit by those in his own Republican Party. The Democrats appeared to have forgotten since his 1994 failed attempt to defeat the late Massachusetts Senator Kennedy when he was originally exposed for firing and closing companies and making ridiculous gouging profits for himself and Bain. The Corporate VULTURE or Corporate Raider label Romney is getting even from Republicans may make him look like a Bernie Madoff before it is over when fully audited for facts.  Sarah Palin is now critical and questions the Romney record. At which point, there may be a suggested movement to take the Romney Massachusetts Citizenship away and deport him to one of his other expensive homes in New Hampshire, California, Utah, or parts unknown if he is found and verified to be contaminated with the Pinocchio disease. Will the Romney campaign for the Presidency result in failure and embarrass again the Massachusetts Brand in 2012.

Look at the cities and towns in Massachusetts that based traditional national and international industries.  These existed for centuries and decades despite world wars, depressions, and recessions. They employed immigrants who came for a better life and residents that could have a career in skill and semi skill meaningful jobs raising families and contributing to Massachusetts Greatness and leadership in the national and world economy.  Look at the carnage and depression of the many Massachusetts towns such as North Adams Pittsfield, Springfield, Holyoke, Fitchburg, Lawrence, Southbridge, Lynn, Boston, Brockton, Fall River, Quincy, and New Bedford. These Communities lost their industrial way from being a fishing, textile, plastics, machine tools, and among other many innovative industries based in the state.  There are so many Corporate VULTURE and Corporate Raider stories to be told.  The so called Free Market of sincere entrepreneurs caring about building businesses fairly and equitably, their community, and social compacts with their workers has been destroyed.  That has been replaced by speculators, Quick Buck Banker Loan Sharks, many Ponzi Schemes, Raiders, and rapes of industries that so called Globalization and shipping jobs overseas for lower, costs and blaming so called unproductive Massachusetts workers is a fraud.

 Dukakis and Kerry thought they could fool their way into the Presidency.  Romney and Bain Capital are clear examples of what the free market enterprise system misnamed Capitalism should not be for an American Presidency.

Perhaps, Massachusetts Citizens should call in the Center for Disease Control in Atlanta to make a determination what the cause of the Potomac fever that seems to affect those few affected such as Dukakis, Kerry, ,and Romney and question the cause of the delusion illness to be President.

It is not the fault of the Citizens of Massachusetts. Blame these adult individuals and not tar and feather the residents of the 1620 Mayflower Ship that landed for a better life and built our great state. The actions of a few who in their mind to become President of the United States should not be taken that all in Massachusetts support or approve.

CUT Massachusetts STATE EMPLOYEE WORKFORCE TO SOLVE THE STATE FISCAL CRISIS!

PROTECT THE MASSACHUSETTS TAXPAYERS FOUNDATION AND BEACON HILL INSTITUTE WHOSE MEMBERS RECEIVE STATE CONTRACTS OR GET GRANTS!

BLAMING THE STATE WORKERS AND NOT THE SPECIAL INTERESTS WHO ARE THE REAL CULPRITs IS A GROSS COVER UP THAT THE MEDIA MUST EXPOSE.

Michael Widmer of the the misnamed Massachusetts Taxpayers Foundation are directly responsible for the state fiscal mess because of bad guidance and inefficiency, waste, and mismanagement of his members who get state contracts. The Beacon Hill Institute who is for hire by special interests seeking State Contracts or avoiding regulations are way off base in attacking state employee workers.

The problem is both Michael Widmer and David Tuerck are part of the problem. Over the years, they have failed to support oversight and accountability in government starting with the Big Big Dig fraud, abuse and by contractors providers,and vendors waste of tax dollars.

The misdirected are the state employees who have been victimized and scapegoated by the likes of Widmer and Tuerck who continue to be wrongly held having credibility by a misguided press that the media should expose are the cause for the Massachusetts Fiscal Crisis.

There have been several recent contacts by affected public employeees requesting additional information on Whistleblower Protections. In all cases,to those potentially legitimately being victimized:

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 (

PRESIDENTIAL CANDIDATE MITT ROMNEY WRONGLY RECEIVING CREDIT AND ATTENTION

BOSTON UNIVERSITY  AFFILIATED PUBLIC RADIO  STATION WRONG ON BROADCASTING STORY OF PRESIDENTIAL CANDIDATE MITT ROMNEY ON HIS EFFORTS TO SEEK ACCOUNTABILITY ON THE FAILED MOST EXPENSIVE SO CALLED TRANSPORTATION IN THE WORLD.  MASSACHSETTS HAS THE $23BILLION BIG DIG PROJECT ORIGINALLY TO COST $2.3 BILLION....... QUOTING THE RESPECTED CHRISTY MIHOS ON THE ISSE BUT WHO OFFERS CONTINUOS DEFENSE TO ROMNEY  IS WRON.  TOM TRIMARCO POLITICAL HEAD OF THE FORMER DISGRACED STATE TREASURER ADMINISTRATION IS ALSO WRONG......QUOTING BOSTON GLOBE COLUMNIST JOAN VENNOCHI CRITICIZING ROMNEY ON BIG DIG FA ILURE.....  ANOTHER  WRONG AS THE GLOBE EDITORIAL CROWD WERE WORSE ON EXPOSING THE FAILED PROJECFT.....

Wait a minute Boston Radio Station WBUR on any praise reporting for Romney on the Waste, Fraud, and Abuse or on the tragic accident of the Big Dig project that should have been avoided and forewarned on questionable
engineering design deficiencies of a project that went from $2.3 Billion to
$23 Billion Plus. This is the worlds most expensive misguided shoddy so called taxpaer financede transportation project of the 21st century.

I have respect for Christy Mihos for his efforts to bring and expose the massive shortcomingsof the project that many valiantly fought to expose for years during both Republican and Democratic State and Federal Administrations.  But, Mihos continuous defense of Romney is not acceptable. Any praise of Romney service byTom Trimarco who also served as point political appointee and damage control spokesperson for the scandalous administration of former Treasurer Joe Malone is a further outrage.

As for Boston Globe Columnist Joan Vennochi making any statement on the Big Dig failure is absolutely wrong. I cannot recall her ever having a strong accountability record of calls on the project. I remind all the comments of Jon Keller former Editorial Page Columnist for The Boston Globe when asked why both Boston Newspapers did not do more to expose the project….both newspapers were in the tank. Joan on this one-clean up your comments and hopefully you are not carrying water for some lobbyist or PR Campaign Friend.

Those who have been there along with others and tried valiantly to sound the alarm and blow the whistle on the Big Dig Scam are disappointed to see the medeia giving credit or promotion when not  due……WBUR could do better reporting.