City Council Bans NDAs for Staff: A Step Towards Transparency
In the wake of Councilor Tania Fernandes Anderson’s arrest and subsequent scandal involving non-disclosure agreements (NDAs), the Boston City Council has taken a significant step towards transparency. The council voted 11-0 to ban the use of NDAs as a condition of employment for council staff, with two members absent. The move comes after Fernandes Anderson was arrested on federal public corruption charges in December, shedding light on the controversial practice of requiring employees to sign NDAs.
Fernandes Anderson’s arrest sent shockwaves through the council, as prosecutors alleged that she had orchestrated a kickback scheme involving a family member on her staff, all under the cloak of NDAs. Former U.S. Attorney Joshua S. Levy noted that requiring staffers to sign NDAs was “unusual” and raised red flags during the investigation. Despite the charges against her, Fernandes Anderson voted in favor of the ban, acknowledging the need to eliminate this practice.
Councilor Erin Murphy, who introduced the hearing order for the NDA ban, emphasized the importance of balancing confidentiality with transparency in municipal government. She highlighted the potential for NDAs to conceal misconduct, limit accountability, and erode public trust. Murphy’s concerns resonated with her colleagues, leading to unanimous support for the ban.
Councilor Ed Flynn advocated for extending the ban beyond council staff to the entire city government, citing the need for full disclosure and accountability. While his amendment to include all city departments in the ban was not successful, Flynn and Murphy plan to file a home rule petition to achieve this broader prohibition. Flynn’s passion for transparency and accountability was evident, as he expressed his frustration with the limitations of NDAs on social media.
The council’s decision to ban NDAs reflects a broader trend towards greater transparency in government. State Auditor Diana DiZoglio’s recent audit revealed the widespread use of NDAs in state government, despite informal bans in the past. Governor Maura Healey’s formal policy against NDAs underscores the growing recognition of the need for openness and accountability in public service.
As the ban on NDAs takes effect, Bostonians can expect a new era of transparency and accountability in their city government. The move represents a crucial step towards rebuilding public trust and ensuring that the actions of elected officials are subject to scrutiny and oversight. By eliminating the shadow of NDAs, the City Council has taken a bold stance in favor of openness, honesty, and integrity in public service.
