State
trial court officials - already under
investigation over their handling
of tens of millions of dollars - doled
out nearly $2 million in secret payments
since 2002 to settle legal claims,
including allegations of workplace
discrimination and federal civil rights
violations, state records show.
Among
those who have obtained taxpayer-funded
settlements is a Framingham District
Court clerk whose male boss in 2000
hit her with his cane, pulled her
hair, dropped paper clips down her
shirt, squirted her with water and
once choked her “like a rag doll,”
court records show.
Others
include a payment to the current chief
of the state’s probation office, who
sued after he was locked up in 2002
by a Brighton District Court judge
for contempt of court, and a Roxbury
District Court worker who was paid
$15,000 to settle a discrimination
claim against the court’s then-presiding
justice, records show.
The
51 settlements include a number of
other claims for discrimination, raising
questions about how carefully trial
court officials are paying attention
to those types of complaints lodged
by workers.
“The
issue is the trial court successfully
and properly monitoring employees
so they don’t have to pay out these
kinds of figures,” said Boston employment
attorney Kevin G. Powers, who has
litigated cases against the trial
court. “Any amount of money paid out
for discrimination claims is a waste
of taxpayer money because discrimination
shouldn’t happen.”
The
$1.8 million in settlements came from
a taxpayer-funded account used last
year to pay $250,000 to two Plymouth
County Juvenile Court employees who
were sexually harassed by Judge Robert
J. Murray.
The
women, like most other claimants in
the past five years, were required
by trial court officials to sign confidentiality
agreements in order to be paid.
Trial
court officials already have come
under fire for spending decisions
after the Herald reported in January
they spent $63 million on a computer
system that operates in just two courts
statewide. Those reports triggered
a review by the state Auditor’s office,
which is ongoing.
The
Herald also reported taxpayers funded
$18 million in renovations to the
brand new Edward W. Brooke Courthouse
to pacify the then-head of the politically
powerful Boston Municipal Court, who
wanted to relocate there.
Those
reports set off an investigation by
the state Inspector General’s office,
which also is ongoing.
Attorneys
who have dealt with the trial court
said it could avoid a lot of the payments
by better managing its work force
to ensure laws aren’t being broken
and employees are dealt with fairly.
The
management of the trial court was
the focus of a blistering 92-page
report issued in 2003 by a committee
headed by the Rev. J. Donald Monan,
former president of Boston College.
“I’ve
never seen a place with worse personnel
practices than the trial court system,”
said Kevin Preston, local chief negotiator
for the National Association of Government
Employees.
Robert
A. Mulligan, chief justice for administration
and management of the trial court,
declined to be interviewed. Through
his spokeswoman, Joan Kenney, he said
the trial court has taken remedial
action, including termination, against
a number of employees for workplace
violations, but declined to name them.
Kenney
also said the trial court has paid
out $1.3 million in 47 settlements
since 2002, though records at the
state comptroller’s office show 51
settlements totaling more than $1.8
million. Asked for an explanation
for the discrepancy, Kennedy declined
comment.
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