PART I: Better Late Than Never?
Brookline’s Whistleblower Policy
by Arshag Mazmanian
Some 13 years after the Whistleblower statute (GL Chapter 149, Section 185) was enacted, the Brookline Board of Selectmen finally approved an “Anti-Retaliation Policy” (available here) intended to satisfy the Town’s obligations as an employer under the statute…including notifying employees of their rights and obligations thereunder. An earlier draft of such a policy was titled “Whistleblower Policy.”
Perhaps the word “Whistleblower” may have been considered too empowering for Town employees in the exercise of their consciences with respect to perceived violations of law or risk to public health, safety or the environment, especially when it is on the part of their supervisors or other employees.
What’s in a name? Sometimes intimidation.
Why did it take so long for the Selectmen to approve such a Policy? It isn’t that the Board was unaware of the statute and Town’s obligations thereunder as employer. Perhaps it was the fact that the only penalty that could be imposed is a fine of not more than $500.00. The State Attorney General’s office has the obligation to enforce the provisions of Chapter 149. An inquiry of the AG’s office last Summer revealed that it had no rules or regulations with respect to the Whistleblower statute and what steps the AG’s office would take with respect to a municipal employer for failure to comply with clause (g) of Section 185.
| Resource Center |
| Massachusets Whistleblower Statute |
| Brookline’s Anti-retaliation Policy |
Apparently, the AG’s office had not taken any steps up to that time against any of the 350 plus cities and towns in Massachusetts for failure to comply with Section 185. But that is no excuse for the failure of the Brookline Selectmen to act for 13 years.
During that time, had any Town employees become aware of perceived violations addressed in the Whistleblower statute and bit their tongues and swallowed hard rather than risk retaliation for reporting such? Since the Town failed to timely notify town employees of their rights and obligations under the Whistleblower statute until just recently, Town employees may have been reluctant to report perceived violations.
Conscience may have caused some employees to quit rather than face the risk of retaliation. Have Town employees been deprived for 13 years of civil rights in their employment under the Whistleblower statute?
But Town employees are not the only beneficiaries of the protection afforded them under the Whistleblower statute. Residents of our Town can benefit from appropriate whistleblowing by Town employees, especially with the Town’s current budgetary problems.
So, better late than never? It isn’t that clear, as yet.
