Part II: Town Process in Adopting Policy
Brookline’s Whistleblower Policy
by Arshag Mazmanian
The Brookline TAB published (on July 13, 2006) my Guest Commentary titled, “Whistle While You Work…” At the time, I was not aware that the Town of Brookline had not adopted a policy under the Massachusetts Whistleblower statute. I pointed out that I had not heard any whistleblowing in Brookine under the statute but expressed my hope that, “When meaningfully implemented, this statute together with the open meeting and public records laws may serve as a trinity of transparency for governance in our town…”
While at Town Hall on other business on July 21st, I stopped off at the third floor to obtain a copy of the form used to notify employees under the statute. Not finding such, my inquiry at the Human Resources Department (HR) indicated that the Town had not approved a policy under the Whistleblower statute.
That same day I submitted to Town Administrator Kelliher a public records request regarding the Town’s compliance with the law, pointing out that the Town was not unaware of it’s requirements. I referenced a case in the federal courts commenced by a former Town employee that included a claim under the Whistleblower statute.
Then Town Counsel Turner had filed a brief on behalf of the Town, on which current Town Counsel Dopazo joined.
I expressed to Mr. Kelliher my concerns with the rights and obligations of Town employees under the Whistleblower statute if the Town was not in compliance. I pointed out that residents of our Town can benefit under the statute.
Mr. Kelliher’s initial response seemed to be a tacit admission that the Town had not complied with subsection (g) of GL Chapter 149, Section 185. I brought to his attention the “Whistle Blower Policy” of the Town of Arlington (readily available on the Internet) to demonstrate that Brookline need not invent the wheel on whistleblowing.
On August 11th, I brought to Mr. Kelliher’s attention a draft of a policy of the Town of Grafton (population approx. 15,000) on the Whistleblower Statute (available here), “as a guide for the Town’s compliance with this statute. Remember, justice delayed is justice denied.”
| Resource Center |
| Massachusets Whistleblower Statute |
| Brookline’s Anti-retaliation Policy |
I subsequently received a letter dated August 11th from Mr. Kelliher that included a copy of his Memorandum dated July 24th to each Selectman regarding my initial e-mail, and pointing out: “Apparently, the Town has never posted [the required] … notice since the statute was adopted in 1993.” He included an undated draft of a “Whistle Blower Protection Policy” and a copy of the Massachusetts Statute.
Mr. Kelliher also stated in his Memorandum that, “I anticipate that Mr. Mazmanian will attempt to somehow make public note of this situation.”
I remained silent on this matter pending action by the Selectmen. The Board’s Calendar for its October 24th meeting included this item: “2. Anti-Retaliation Policy”, with HR Director Susan DeBow to present the Town’s proposed Policy. My e-mail of October 23rd to Mr. Kelliher requested a copy of the Policy once it was approved. The Policy, unchanged, was approved by the Selectmen on December 12th.
My review of DVDs of these meetings will be presented in the forthcoming Part III.
