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

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 two billion to twenty three 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.

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.

MASSACHUSETTS STATE BUDGET COMING FOR 2013 WITH INCREASED CALLS FOR NEW TAXES AND FEES....YET, THERE IS AN EPIDEMIC OF EMPLOYERS WHO UNDERHANDILY CHEAT BY OPERATING ILLEGALLY AND NOT PAYING THEIR TAXES CONTINUES WITH GOVERNMENT DOING NOTHING TO GET TAXES DUE....Sincere honest employers and their employees who maintain proper legal standards and must compete in the marketplace in unfair competition continue to be exploited due to little or no enforcement on the unscrupulous who cheat. 


Massachusetts is a cheaters paradise for businesses that do no properly pay taxes, workers compensation, mandated wages and benefits to their workers.

Masssachusetts was formerly the national leader in child labor, employment, and wage enforcement laws. Honest employers and their employees are being forced to compete unfairly against businesses that cheat.

Most cheating businesses have little fear of being caught as the Attoney Generl and Workforce Development do not enforce the laws, rules, and regulations with adequate staffing, oversight, and prosecutions.

The blame squarely falls on those elements in organized labor that destroyed the hard fought Secretariat of Labor instead of monitoring and holding the agency accountable. Those labor bosses have failed to advocate and insure adequate resources and those agencies are doing their mandated functions. They continue to cover up their failure for their decisions with workers and the taxpayers continuing to suffer.

It is unfortunate that workers who are exploited have to retain a lawyer for hire to obtain the fruits of their labor and government in their time of need is not there to help. Unfortunately, some of the elements from organized labor that sat by and covered up the destruction of Massachusetts employment law enforcement are now in charge of those government agencies.

The message to those businesses who cheat,do so, the chances of getting caught is little or nil, and when caught pay up most times cents on the dollar. Massachusetts has welcomed businesses who cheat their employees and do not pay their fair share of taxes

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.

                                                  -30-

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!