The Boston Metropolis Council voted to ban councilors from requiring their employees to enter into non-disclosure agreements as a situation of their employment, in response to a federal indictment that exposed Councilor Tania Fernandes Anderson used them on the individuals who labored for her.
The Metropolis Council voted 11-0, with two councilors absent, on Wednesday to amend its guidelines by including a coverage that bans using non-disclosure, non-disparagement and different confidentiality-related agreements and paperwork on the physique.
Fernandes Anderson, who was indicted in December on six public corruption expenses for a bonus kickback scheme involving one in every of her staffers, admitted on the day’s assembly to requiring her employees members to signal NDAs, however didn’t make point out of any nefarious intent or whether or not she nonetheless used them.
She voted in favor of the ban, which might make any present agreements signed by Council staffers unenforceable.
“The purpose of this docket is to ensure there is public confidence in the body,” Council President Ruthzee Louijeune, who chaired a committee listening to on the permitted order final Friday. “The committee agreed that such agreements should not be used to conceal unlawful behavior and supported preventing the misuse of these agreements.”
Louijeune stated councilors ultimately week’s Guidelines and Administration committee listening to mentioned the “use of such agreements, emphasizing that the City Council should uphold the highest standards, fostering an environment where staff feel comfortable raising concerns without fear of retaliation.”
Fernandes Anderson was not talked about in Louijeune’s recited committee report, nor referenced instantly by the councilors who spoke previous to voting for the ban, however the federal allegations hanging over the physique have been alluded to within the dialogue.
“While NDAs and confidentiality agreements are often intended to protect sensitive information, their use in municipal government raises serious concerns in a government that serves the public,” Councilor Erin Murphy stated.
“It is essential to balance the need for confidentiality with the public’s right to transparency, particularly when these agreements have the potential to conceal misconduct, limit accountability or erode public trust,” she added.
Councilor Ed Flynn stated NDAs make it seem to the general public that councilors are “hiding something.”
A federal indictment unsealed the morning of Fernandes Anderson’s arrest acknowledged that in or about 2023, the councilor required all her employees members to signal a non-disclosure settlement as a situation of employment, which former U.S. Legal professional Joshua Levy stated in December “stuck out to us as unusual.”
Pursuant to the NDA, Fernandes Anderson’s employees have been barred from disclosing any “confidential information” to anybody except they obtained her permission, akin to non–public info regarding any facet of the councilor’s workplace, employees or its affairs, the indictment stated.
Fernandes Anderson is alleged to have pocketed $7,000 of a $13,000 bonus she doled out to one in every of her employees members, additionally a relative, with the handoff happening in a Metropolis Corridor lavatory in June 2023. She was arrested and arraigned on public corruption expenses final yr, on Dec. 6.
Whereas not copping to any wrongdoing, Fernandes Anderson acknowledged at Wednesday’s assembly that she used NDAs together with her employees, and had copied the language from agreements that have been utilized by an unnamed colleague.
“Specifically, if I’m talking trash about my colleagues, like in a moment and I disagree with you guys, I’m like hey, I don’t want my staff to tell my other colleagues what I’m saying about them or the mayor,” Fernandes Anderson stated. “There could be different reasons why people have NDAs. In fact, I copied mine from a colleague. Many of us have them, but we can get rid of them.”
Councilor Julia Mejia, whereas voting in favor, provided the one trace of criticism of the brand new coverage. She stated she wished to make sure that a ban didn’t create the potential for “unintended consequences around professional conduct or ethical behavior,” on condition that her “aggressive” and “assertive” demeanor could also be off-putting to others.
Murphy launched a late-file listening to order regarding a non-disclosure settlement ban on Dec. 11, days after Fernandes Anderson’s arrest, however needed to refile the order on the following assembly, Jan. 8, after it was blocked by Councilor Sharon Durkan.
Her order lined not solely the Council, however prolonged to all metropolis companies. Whereas it was mentioned ultimately week’s listening to, Louijeune opted to maintain Murphy’s order in committee at Wednesday’s Council assembly.
Louijeune opted to as an alternative deliver to a vote an identical order proposed by Councilor Benjamin Weber on Jan. 8, that centered solely on the Metropolis Council, when it comes to implementing a ban.
Weber, a employee’s rights legal professional, stated his order was knowledgeable by his considerations over the elevated use of non-disclosure agreements within the non-public and public sectors, together with politics.
“I do think there is the potential for intimidation, and I don’t think they’re good public policy,” Weber stated.
Flynn, whereas voting in favor of the brand new coverage, stated the ban didn’t go far sufficient. He made a movement to introduce an modification that will have advisable that the town administration prohibit using NDAs as effectively, throughout all departments.
That measure was defeated after failing to garner the help of seven councilors, with 4 voting in favor and three opposed. 4 councilors voted current.
“I think the issue at the core of this question is that this recommendation is to change our rules, and they’re applied to our operation as a City Council,” Councilor Liz Breadon, who voted towards the modification, stated. “We don’t write rules for the rest of city departments.”
Flynn and Murphy stated they plan to introduce a house rule petition subsequent week that will search a change in native regulation to ban NDAs throughout metropolis authorities.
