Amendment of Section 3.13 of the Town's General By-Laws prohibiting NonDisclosure Agreements

Petitioner: Brookline Justice League Mariela Ames, Scot Huggins, Brooks Ames

Annual Town Meeting, May 2018

This article would bar the Select Board from using various legal devices (e.g. gag orders, nondisclosure agreements, confidentiality agreements) to prevent people from speaking publicly about discrimination, retaliation, and harassment claims against the Town. The article would require the Town to promptly publicize the settlement of any discrimination, retaliation, or harassment claim.

Official Town Meeting Vote	Select Board	Advisory Board
No Action	No Action	No Action
31-157-9	4-0-1	23-1-0
Final Result: No Action

Community Organization Recommendations

PAX	Green Caucus

Official Text of the Article

VOTED: That the Town amend the General by-laws, Section 3.1.3, to include the following language in bold:

SECTION 3.1.3 LITIGATION AND CLAIMS

The Select Board may institute, prosecute, defend, compromise and settle claims, actions, suits or other proceedings brought by, on behalf of, or against the town, provided, however, that it shall act upon advice of counsel when the amount to be paid in any settlement exceeds one thousand dollars ($1,000). It may employ special counsel in suits by or against the town whenever it deems it necessary.

The Select Board shall not enter into or authorize any agreement which has the purpose or effect of concealing the details relating to a claim of discrimination, retaliation, or harassment against the Town. The financial terms of any settlement agreement concerning such a claim shall be published in a newspaper of general circulation within the Town, shall be posted on the Town website, and shall be posted in ten public places in the Town within seven (7) days of the settlement.

https://www.brooklinema.gov/DocumentCenter/View/14385/-May-22-2018-Annual-Town-…

Categories: