Council to examine Water and Sewer Commission after $1 million retaliation verdict

The Boston City Council plans to hold a hearing on a jury verdict against the Boston Water and Sewer Commission, the agency that runs the city's water and sewer pipes and sends customers their bills.

Boston.com reported that a Suffolk County jury awarded $1 million to a former commission employee, including $400,000 in punitive damages. With interest, the judgment tops $1.32 million. The jury rejected his claims that he was paid less and passed over for promotions because of his race. It found that the commission retaliated against him for bringing the complaint. The Boston Globe also covered the verdict.

The commission disputes the finding. Its lawyer told Boston.com it will appeal the retaliation verdict. He said the employee was fired for working a second job during his commission shifts, and that the commission was pleased the discrimination claims were rejected. The employee had argued that reason was a pretext.

Residents pay for the commission through their water and sewer bills. It is a separate agency, not a regular city department, so the council's main tool here is a public hearing.

What our records show

City Councilor Ed Flynn (District 2) filed docket 1964 on Oct. 16. At the Oct. 21 meeting, City Councilors Brian Worrell (District 4) and Julia Mejia (at-large) were added as original co-sponsors, and the council's record lists all 13 councilors as sponsors. The order went to the City Services Committee. No hearing date has been set.

It is Flynn's second hearing order on the commission in a month. On Sept. 30 the council sent his order on the commission's lead pipe replacement incentive program (docket 1844) to the same committee, where it is still waiting.

What was said

Flynn described the case to colleagues (watch at 1:34:35). He said the jury had awarded about $400,000 in punitive damages over retaliation it found "extreme and outrageous," and that the commission should be invited to testify. He said he did not have all the answers about what happened:

Worrell said workers must be able to raise concerns without fear of losing their jobs. He said the commission being a quasi-city agency "can't be an excuse" (1:35:41).

Mejia said that in 2022 she worked with commission and public works employees on what she called the Fair Chance Act, after workers raised problems with promotions. She said the hearing could be a chance to revisit and strengthen it (1:36:58).

What's next

The City Services Committee would set the hearing date and invite commission officials. Notices appear on the committee's page and the council's meetings calendar. Separately, the commission's appeal will go through the courts, according to Boston.com.