Attorney Jill Ryan Establishes That Boston Police Violated State Law By Withholding Complaint From Union

The City of Boston Police Department violated state law, specifically Chapter 150E, when it refused the Boston Police Superior Officer Federation's request for a sexual harassment complaint against a member. That is what a hearing officer of the Department of Labor Relations ruled in a case prosecuted by Federation Attorney Jill Ryan.

The Hearing Officer ruled that the BPD violated its legal obligation to provide relevant information requested by a labor organization, even if the request extends to a sexual harassment complaint during an ongoing investigation.

The City offered several defenses to justify withholding the information -- all of which were rejected by the Hearing Officer. For instance, complaint's status as a record exempt from public disclosure is irrelevant to whether the Federation had a right to the record. The DLR has repeatedly held that unions can be entitled to information beyond that available to the public. The City failed to explore safeguards on disclosure that would address its concern, such as requiring the Federation to maintain the information in confidence.

The Hearing Officer also ruled that the City's inaction was not excused by its desire for confidentiality of the investigation; the active status of the investigation; or by the disclosure of similar information to the Federation.

Finally, the Hearing Officer determined that the City's delay in providing the information was unreasonable. She ordered the City to provide the information and email a notice to all Federation-represented employees acknowledging that it violated the Law.

The City has a right to appeal the decision to the Commonwealth Employment Relations Board.