Part VIII: Open Letter to Mass. Legislators.
By: Arshag A. Mazmanian
In 1993 the Legislature passed a bill signed into law by Governor Weld adding Section 185 to Chapter 149 (the “Whistleblower Statute”). At the time, the Federal government had long had in place statutes providing significant protection/benefits to Federal employees who blew the whistle on misdeeds by Federal officials and persons dealing with the U.S.
The Whistleblower Statute requires Massachusetts state, county, municipal and other defined government employers to notify their government employees of their rights, and obligations, under the Whistleblower Statute periodically. As pointed out in Parts I through VII of this series, compliance by these government employers with this notice requirement has been sparse, limited and/or inadequate.
Perhaps this is because the only penalty for a failure to comply is a fine of up to $500.00, which is “chump change.” Enforcement responsibility respecting Chapter 149 (and thus the Whistleblower Statute) is with the Attorney General’s office, which apparently has not taken steps to assure compliance by these government employers. I have had no response to “Part VI: Open Letter to Attorney General Coakley.” I guess its been ignored.
I now write to you to address the concerns expressed in Parts I through VII of this series. I do so as one who is not a government employee. While the primary beneficiaries of the Whistleblower Statute are such government employees, all residents of Massachusetts benefit from the revealing (or potential for revealing) of misdoings and the like addressed in the Whistleblower Statute, which added to the Open Meeting and Public Records Laws should provide for greater transparency in governance in Massachusetts.
I ask you to put some teeth into the Whistleblower Statute to assure compliance by ALL Massachusetts government employers. This should not be difficult. One easy step is to increase the fine, with daily increments for continued ailure to comply. Also, you might permit any resident or citizen to formally complain to the Attorney General’s office for enforcement, and perhaps a share in the fine recovered. The Federal whistleblower statutes might be consulted for guidance.
By the way, the Federal government has had much success with its whistleblower statutes (until the current Bush Administration), whereas there has been very little success with the Massachusetts Whistleblower Statute.
I understand you may have some reluctance with my suggestions, as you may not be a fan of “snitching.” But the Whistleblower Statute is not “snitching.” It is designed to protect the Commonwealth, its various subdivisions, their employees and residents against potential misdeeds by a few taking advantage of their positions.
By the way, are the Senate, the House and their various subdivisions that fit within the definition of a government employer in compliance with the Whistleblower Statute? If not, why not? Shouldn’t their government employees be entitled to know their rights, and obligations, under the Whistleblower Statute? If you think not, then you might consider just repealing a soundless, silent Whistleblower Statute, with government employees reverting anonymously to disclose the nitty-gritty misdoings over the transom, under the door, in the mail, etc, leaving it to journalists to take action. But that wouldn’t be progress, would it?
Readers are encouraged to forward this Open Letter to their legislator. [Click here to find a representative's e-mail address.]
