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

 

Was Broadcast Journalist David Gregory from NBC MEET THE PRESS right to defend Massachusetts Senator Elect Elizabeth Warren Proclaimed Advocate of the People taking DIRTY Money Lawyer fees for defending guilty immoral Corporation wrongdoing?

 

Massachusetts United States Senator Elect Elizabeth Warren before taking office should give the DIRTY Corporate Money back she gained that no middle class defender, consumer fighter, or big bank accountability advocate should take. Money with interest amounts to almost $1 million.

 

David Gregory of NBC Network Meet the Press is wrong defending Warren as only a paid lawyer defending clients. They were asbestos insurers, steel company employee pension and healthcare fund grabbers,, and a manufacturer of defective breast implants. Hardly a resume for a so called Progressive Peoples Champion Elizabeth Warren!

 

NBC Meet the Press Gregory moderated making egregious mistakes at the first debate between now Senator Elect Elizabeth Warren and incumbent Senator Scott Brown. Gregory shortchanged and misled voters stating Elizabeth Warren only defended these companies as lawyer defending clients. The facts prove Warren represented questionable Corporate Agendas against earnest victims seeking legal redress.

 

Gregory knows better and was outright wrong. There are 3 types of lawyers, management business lawyers, labor and consumer lawyers, and the other which Warren belongs to the “Billable Minutes Lawyers”. These lawyers unethically without conscience represent both business and labor/consumers for $$$$ guilty or not, right or wrong, morally or ethically incorrect for clients willing to be charged by the minute without scruples or conscience.

 

Warren the lawyer disgustingly represented and was paid by Dow Chemical Company manufacturer of defective breast implants allegedly to set up trusts to avoid further claims. Warren took the money. Warren should give the big money received back to the victims. That is what a true Woman Consumer Victim Advocate would do and call those moneys gained by a Corporate Lawyer DIRTY Money.

 

Warren as lawyer tried to cut deals setting up another trust fund preventing further liability by asbestos victims on behalf of Travelers Insurance Company. Her client insurance company never paid any $$$ to victims or families. Yet, the Labor Boss of the Asbestos Workers Union, Fran Budrow astonishly defended her actions in handling the case! Warren should give her fees gained by Travelers to Asbestos victims. That is what a pro-labor consumer advocate would do and call moneys gained by Corporate Lawyers DIRTY Money.

 

Warren was involved another so call trust fund allowing bankrupt steel companies not to pay health and pension funds futher claims. Warren was praised during the campaign by AFL-CIO Boss Richard Trumka advocating and defending her candidacy! No wonder the American labor movement is in shambles? A pro-labor consumer advocate should call these fees received by a Corporate Lawyer DIRTY Moneys. The money gained by Elizabeth Warren should be given to the displaced workers.

 

Faults and question of fitness to be labeled a potential progressive by Elizabeth Warren never surfaced during the Democrats candidate nomination process. If Warren faced candidates in an open Progressive Democratic Primary and if the Party Bosses Dictators had not cleansed the field of potential Democratic Primary Candidates, her Democratic Candidacy would surely been exposed and potentially ended. The Democratic Party Bosses controlled their pre-primary convention to openly deny a candidate who gathered 10,000 signatures a right to a Primary Election Challenge. Defeated Republican Senator Scott Brown was ill equipped to bring forward Warren frailties and subsequently failed.

 

Elizabeth Warren should give back DIRTY Money received from these questionable motives Corporate Clients prior taking office as Massachusetts United States Senator. Failure to do so will dog her image she attempts professing being a reformer.

 

 

 

 

 

 

 

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), Richard Friedman Cambridge Developer, for Worcester unneeded industrial site(25-1) 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? 




 

Mitt Romney, Scott Brown, Eric Fehrnstrom, aftermath also depicts the decline of journalism

Media Guy Eric Fehrnstrom being blamed for President Wantabe Mitt Romney and Massachusetts Senator Scott Brown defeats. A former dynamic Investigative Reporter like Many who Lacked Career Opportunities in the Declining Media Being Forced Into Public Relations

The Boston Herald wrote a recent front page news article about its former reporter turned political guru Eric Fehrnstrom of the Shawmut  Group Consulting Group I took exception to the column and writer that has raised my reflection. This one time promising investigative journalist whose lack of career job opportunities in the declining media apparently forced him to become a public relations spokesperson.

I recall Eric as a new reporter working at the statehouse for the Boston Herald. He was an excellent of being an inquisitive investigative reporter working under fellow reporters Jon Wells, Bob Connolly, and Peter Lucas. Wells and Fehrnstrom as a team worked above and beyond scooping the Globe and plying their trades through hard work.

Eric was always fair and objective as well as helpful. When other reporters would only listen to the establishment elected politicos to always gain stories and access, both Eric and Jon Wells would listen to those of us seeking a reporter to expose improprieties. These two would even report our accurate views even in contradiction to the Herald Editorial Board.

Unfortunately for Eric, the career path in the media was not there and the wage scale quite low. Journalism then lost a bright competent investigative reporter.

Supporting a family, he stunned me when he accepted a job with State Treasurer Joe Malone, later Governor Mitt Romney and Scott Brown.

With Malone, I and others who stood up to the waste, fraud, and abuse in the State Treasurer’s Office found Eric as a hard hitting adversary. We had several confrontations during legislative hearings before the Public Service committee and at times quite caustic.

There were also differences when working later for Mitt Romney and at times in agreement.

I do not agree with Eric on many issues. However, he was always available to have a discussion on issues that I disagreed with him on.

Journalism and the media have changed in the last 20 years and newspapers are becoming relics of the past. The free press that our citizens expect and taken for granted is in rapid decline. I just imagine what Eric Fehrnstrom could have been like so many other potential investigative reporters if newspapers and investigative reporting was not in such decline. There are so little or no job opportunities and stable career path for those in the broadcast or print media that must shun the profession to make a living for themselves and their families. This further is evidenced by the decline in the statehouse press corps and the almost distinct current population which a shell of decades past.

Unfortunately, the Herald did not amplify the decline of career journalists. It is disappointing to observe the carnage of a once great profession.