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Commonwealth of Massachusetts
C.O. Hearing and Discipline Discussion Board

@ Massachusetts


Welcome to this board.
This board is for the purpose of displaying outcomes of hearings and discipline.
So all of your input would be appreciated and will help create it.
Hopefully it will show the abuse that is going on. No names or facilities have to be stated, just what happened and the outcome.
You can also feel free to state anything you want regarding abuse so all can see what’s going on.
Believe me it’s a lot larger of an issue than most realize. So let’s expose the abuse.

Cedar Junction II - MCI Norfolk - Cedar Junction - Norfolk II - Baystate II -Bay State
S.B.C.C. - Shirley Medium -Shirley Minimum -MCI Concord - Gardner
Old Colony - Masac -State Hospital - Treatment Center- Bughouse III
Plymouth- South Middlesex Correctional Center-MCI Framingham- State Trans -Boston Pre - Shattuck
S.E.C.C. Alumni - Wyatt Detention Center - MCOFU -CPO's C.O.'s Going wrong
Political Issues - Union issue message board- Officer support - Debra Kohl Law -
Unit 4 contract - mcofu arbitrations -Civil Service Decisions - Landlaw Civil Service Reporter


Subject: Forced Over Time


Author:
Kevin F.
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Date Posted: 13:38:01 11/24/07 Sat

Is there a D.O.C. policy that dictates how Forced over time lists are compiled for each shift? The House Officer Division of personnel at MCI-Norfolk are mostly by-passed to do forced over time because they have back to back shifts (work 3-11 then 7-3 the next day) and the regular shift officers have to take the "drafts" on an almost daily basis, which I believe is an unfair labor practice. If any one has any prior grievences or settled cases submitted for this type of situation, please let me know. If there is not a policy for Forced over time, does the individual institutions make up their own procedures and where can one find a copy of this at Norfolk? Thanks.
Replies:
Subject: post


Author:
coII
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Date Posted: 09:31:41 06/09/08 Mon

I don't know why all you people that see this site don't post stories of things that are going on around the state. It's a good avenue to show the abuse.. The stupid write ups and discipline thats going on. Step up guys and gals
Replies:
  • Re: post (NT) -- We'll follow your lead!, 14:19:18 06/22/08 Sun
Subject: I'm looking for cases that have to do with repeated harassment, threats ECT


Author:
I really need your help. Names and institutions, especially outcome if known.
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Date Posted: 10:47:50 09/27/07 Thu

Replies:
Subject: How does this progressive discipline work


Author:
co
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Date Posted: 21:13:40 03/21/07 Wed

Can they send you straight to a commish hearing without affording you a supers hearing first.
Replies:
Subject: BASIC RIGHTS


Author:
HITLOD
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Date Posted: 17:31:07 11/10/07 Sat

Dear fellow Brothers and Sisters of the MA DOC and HOC,

This is to inform you of the formation of the “Hurt In The Line Of Duty” (HITLOD) support group. HITLOD was created out of the dyer need to learn and share information about the I.A. system, your Healthcare treatment and your over all Rights. HITLOD was created by and for those who are affected by it. We are mostly Unit 4 members and we’re not asking for handouts BUT we do need and want your support.
* You can help by signing up on our emailing list and pass this message on.

The following are some basic RIGHTS and first steps to take when HURT IN THE LINE OF DUTY…
*If you were injured in the line of duty seek medical help for real serious injuries get to an ER for treatment and if able let your Boss and Union know you got hurt a.s.a.p..
* No matter who first helps you medically follow up immediately with your Primary Care Physician (PCP). Explain exactly what happen and list all of your injuries no matter how trivial.
*Most important do not let your PCP farm you out to any outside overall healthcare providers i.e. a workman’s comp clinics also known as “occupational health clinics” of any type without a clear understanding of your Rights.
*The only healthcare providers you should be seeing outside your PCP are specialists referred by your PCP for your specific injuries and or those you choose to see. Note; you could be ordered by the boss/system to see their doctors but you still have rights.

Sincerely,
HITLOD
Turnkeyer@aol.com
Replies:
Subject: Can they refuse my request for fmla and state that the new contract is in effect?


Author:
COI
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Date Posted: 20:51:39 08/31/07 Fri

Replies:
Subject: Some Good News


Author:
Thanks Cosmo.
[ Edit | View ]

Date Posted: 22:34:55 07/04/07 Wed

Prison guard gets workers' comp after negative publicity

Emotional problems deemed work-related

By David Frank

A corrections officer accused by prisoners and later the media of throwing feces in the cell of pedophile priest John Geoghan was entitled to workers' compensation for post-traumatic stress disorder, the Department of Industrial Accidents Reviewing Board has decided.

The Department of Correction argued that the officer's emotional problems were not caused during the course of his employment.

But, in a case of first impression, a majority of the review board disagreed and upheld an administrative judge's decision, which found that the officer was entitled to workers' compensation benefits.

"It is indisputable that had the employee's injury arisen predominately out of threats made by inmates in the prison, his resulting incapacity would have been compensable," said Judge Mark D. Horan, writing on behalf of the board.

He added: "Does the fact that the predominant cause of the employee's incapacity was his reaction to newspaper articles, essentially carrying out the inmates' threats, mandate a different finding? We think not."

The 12-page decision is In Re: Bisazza, Lawyers Weekly No. 25-034-07.


Precedent-setter
Although the issue had been decided in other jurisdictions, Louis C. deBenedicts of Boston, who represented the officer, said there were no cases in Massachusetts answering the question of whether negative publicity arising out of the workplace could serve as grounds for a workers' compensation claim.

"The precedent that now exists as a result of this case is that if bad publicity coming out of the workplace causes someone to suffer from stress, then they are entitled to compensation," he said.

The lawyer added that the claims in his client's case were covered since all of the media accounts written about the incident, as well as other abuse the officer suffered, were the result of events that took place while he was working at the prison.

"If the negative publicity can be traced back to the actual workplace, then the bottom line now is that they're going to have a compensable case," said deBenedicts.

He said that one of the prison's reasons for fighting the case was to avoid responsibility and place the blame for his client's condition on the media outlets that reported on the Geoghan incident.

"The Department of Correction was worried that, every time a major newspaper would write a story about one of the guards, it would open the flood gates for them to file these stress claims, and I think that was a major reason they were fighting this," he said. "What we now have is a great end result, which sets a good precedent."

Joyce E. Davis, a Newton-based workers' compensation and disability lawyer who reviewed the Bisazza decision, said the Department of Industrial Accidents Reviewing Board focused on the fact that there was a significant relationship between the officer's harm and the workplace.

"I think that in Bisazza, the reviewing board's analysis regarding causation may well be broader than that [previously] propounded by the Supreme Judicial Court," she said.

Davis noted that in the 1965 Collier Case, the court had found that the causal chain was broken where an hour had elapsed between a waitress' refusal to serve a customer liquor and his attack on her as she was walking home.

"By contrast, in Bisazza, the reviewing board indicated that a judge's decision finding compensability will be upheld where there is a direct connection between the employee's work and the resulting harm," she said.

Vincent F. Massey of the Department of Correction could not be reached for comment prior to deadline.


Taunting, threats begin
The employee, Cosmo Bisazza, worked as a corrections officer at MCI-Concord in a housing unit that held sex offenders, pedophiles, murderers and gang members who were segregated from the general prison population.

In March 2002, the officer discovered feces in the cell of John Geoghan, a convicted pedophile who was assigned there. Although Geoghan claimed the officer put the feces there, an internal investigation found his allegations to be unsubstantiated.

In April 2003, Geoghan was transferred to a prison in Shirley, where he was eventually murdered by a fellow inmate.

Immediately after the murder, inmates in the officer's unit began taunting and threatening to "get" him. They also specifically threatened to alert the media about the feces incident.

Within a few days, newspaper articles reported that unnamed officers had harassed Geoghan and thrown feces at him, which caused Bisazza to feel stressed. In September 2003, articles identified him by name as one of the people who had abused Geoghan.

A short time later, the officer's anxiety worsened, which prevented him from eating or sleeping and caused him to experience stomach pains. As a result, he stopped working and began seeing a psychiatrist.

During a hearing related to his request for workers' comp based on a mental or emotional disability, he presented a board-certified psychiatrist who diagnosed him with post-traumatic stress disorder, which was a direct result of trauma suffered at work. That trauma consisted of harassment and humiliation by the inmates, as well as the negative publicity he had received.

The judge ruled that the combination of the negative newspaper articles and the inmates' harassment in the days following Geoghan's murder had caused his disability. He awarded the officer compensation, finding that that the negative publicity, not the inmate harassment, was the predominant cause of his disability.


Direct connection
In affirming the lower court's decision, Horan said the officer's emotional injury clearly originated with the threats and taunts of the inmates he was overseeing at the prison.

"The evidence supports the judge's finding that the employee's emotional disability, insofar as it was triggered by his reaction to the newspaper articles, is compensable under our act because 'it can be seen that the whole affair had its origin in the nature and conditions of the employment, so that the employment bore to it the relation of cause to effect,'" he said.

Horan noted that in cases like the officer's, where there was a direct connection between a person's work and the resulting harm, an administrative judge's finding of compensability will be affirmed.

"The judge made explicit findings that the employee's emotional disability, insofar as it began with the inmates' threats and continued with the newspaper articles containing the misconduct allegations, arose both out of and in the course of the employee's employment," Horan observed.
Replies:
Subject: assault with bodily fluids


Author:
steward
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Date Posted: 12:46:50 06/29/07 Fri

there is a case from SBCC involving an officer who was assaulted with bodily fluids. Like some of us he utilized the cocktail and took about the normal 30 days off.When he went back to his doctor, his doctor advised him not to go back to work because it takes approximately 6 months before knowing if he contracted any diseases.That is unless the con agreed to give up his medical records proving he has nothing. Of course the con wouldn't. So he took the 6 months.Of couse the DOC fucked with this guy. They shut off his pay, sent guys to photograph him, and harrased the shit out of him. He called Debbie Koal and she took his case.In court the DOC tried unsuccesfully every dirty trick in the book to discredit this CO to no avail. Not only was the CO paid for the full 6 months but the DOC had to pay him 3 times the amount for punitive damages for all the bullshit they put him through.Keep this in mind when you get assaulted with bodily fluids and call Debbie Koal right away if it happens to you. Especially if your being harrassed. Hope this helps a little.
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Subject: Where are you better to fight a poor result from a Commissioners hearing,, Arbitration or Civil service


Author:
co
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Date Posted: 22:13:53 01/28/07 Sun

Replies:
Subject: I'm looking for some domestic cases with decisions, can anybody help


Author:
CoII
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Date Posted: 17:45:53 04/12/07 Thu

Replies:
Subject: dusty old grievance


Author:
gone
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Date Posted: 08:40:18 01/26/07 Fri

Just curious. What is the official disposition of a grievance if you retire before its heard?
Replies:
Subject: Why don't we have an officers bill of rights? Can anybody answer this seriously


Author:
co
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Date Posted: 16:00:37 03/29/07 Thu

Replies:
Subject: Can anybody tell me about any cases that involved sick time use, and the outcome


Author:
co
[ Edit | View ]

Date Posted: 11:42:08 01/16/07 Tue

Replies:
Subject: How does discipline and promotions and transfers work.


Author:
? any case history on this
[ Edit | View ]

Date Posted: 21:06:17 01/19/07 Fri

Replies:
Subject: Making Deals


Author:
Thomas
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Date Posted: 10:37:36 08/02/07 Thu

How can the E-Board not fight hard for every member? You wait 3 years for your day in court(arbitration) and the E-Board decides to deal your due process away. ( people were questioned as witnesses for one hearing and the administrators admitted to not conducting an invenstigation before suspending. That clearly violates the termination and discipline policy's attachment B with regards to Just Cause. One guy gets off completely and the others get a"verbal" reprimand in their files. If its verbal, why is it in their files? I've been told don't worry about it cause they don't really consider a verbal reprimand as discipline. * of us have been sold out.
Replies:
  • Re: Making Deals -- This is an issue, If they're cutting deals so they don't have to have a long case thats wrong., 19:27:34 08/02/07 Thu
  • Re: Making Deals (NT) -- Something tells me you're not posting ALL the facts., 08:03:04 08/05/07 Sun
Subject: How does the doc define coworkers as applied in 6a 6b of blue book rules??


Author:
curious
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Date Posted: 03:20:37 06/15/07 Fri

Replies:
Subject: Let me tell you!


Author:
coIII
[ Edit | View ]

Date Posted: 10:12:54 05/17/07 Thu

All I know is that the whole process of discipline has to be redone and go to an independent forum, like the Officers bill of rights. Another reason we are in desperate need of an Officers bill of rights.
In my 20 plus years I have seen to many kangaroo courts held and good Officers lives torn apart because of it. So if anything you should all contact the union and you representative and push the issue of an Officers Bill of rights.

It's very pathetic that the administration takes an inmates word, with no substantial evidence, and turns and officers world upside down. How about this remove the inmate and keep the Officer off no contact status. That would hopefully cut down on some of the bogus claims.
Let see, if we falsify a report we get disciplined an inmate files a false report they get what, that’s right. 0

I'm retiring soon and God bless all of you if I had to redo it I would not. So congrats to all of you who stay and do the job you do. Only if the public would ever know the effect and impact it has on you to deal with this element all day and the fact that a 20-year veteran has done 7 ˝ years (full time)of his life behind bars with these shit bags and a pathetic administration. Like that does not take a toll on your family and mental well being overtime.
So again God bless all of you for doing the job and keeping the public safe from these convicted felons. So stay safe and again thank you and all I have worked with for the memories good and the ones that have scared. One last thought, Become one a brother and sister hood in blue you have to become strong again to be able to negotiate with the Government for anything so if anything whether you like them or not get behind your union and become one. Some of you may not like the union right now, that's why we have elections vote them out next time. But for now they are what you got get behind them for yourself and your families. Well God bless again and be safe. COIII
Replies:
Subject: Hey Nason why don't you answer some questions. your the new guy there.


Author:
co
[ Edit | View ]

Date Posted: 11:35:31 04/06/07 Fri

Replies:
Subject: New Link to Decisions added. (above)


Author:
Moderator
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Date Posted: 20:45:45 04/26/07 Thu

Replies:
Subject: Does anybody know a site where you can research civil service decisions


Author:
info
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Date Posted: 18:50:02 04/09/07 Mon

Replies:
Subject: Does anybody know if Civil service tends to be more for the defendent or more for the state.


Author:
curious
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Date Posted: 19:46:52 04/03/07 Tue

Replies:
Subject: Folow up


Author:
info
[ Edit | View ]

Date Posted: 14:42:38 02/06/07 Tue

just another question, can someone explain the 3 steps of grievences
Also Say if you go to a commissioners hearing and get fired and then go to civil service but dont get the desired result, is this where you go to arbitration. I am just trying to understand these processes. Also where your options run out.
Replies:
Subject: smoking


Author:
dip
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Date Posted: 09:43:34 01/13/07 Sat

How is it that we have cos being fired for smoking when you can go to facilities and see capt, smoking outside. I heard they hired a private company to watch an officer from walpole at home and are in the process of disciplining him for smoking. whats case history on this.. and why do we have money to hire private people.
Replies:
Subject: How is it that they can get away of screwing with you,and even if you get your job back there is no real recourse for you to take against them.


Author:
screwed
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Date Posted: 11:31:49 03/04/07 Sun

Subject: Please no political post here. Thanks


Author:
Moderator
[ Edit | View ]

Date Posted: 10:57:47 02/21/07 Wed

Replies:
Subject: BE CAREFUL


Author:
VP
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Date Posted: 03:39:12 02/05/07 Mon

The union received word of 5 commissioners hearings coming up related to 5 individuals who were caught smoking while on I.A. That's right the state is paying to have you followed around while on I.A. All of these individuals started after 1988. That is when the no smoking law was passed. We recently had 2 individuals brought up on the identical charge with a start date prior 1988 and both received 30 day hits. Just beware of your surroundings
Subject: Allain withdraws to many arbitrations


Author:
Member
[ Edit | View ]

Date Posted: 10:50:07 01/12/07 Fri

Our Grievance coordinator has become complacent and finds it's easier to dismiss arbitration's by telling the grievants that they are better off signing settlements. It it worked out for the individual and didn't hurt anyone else that would be fine, but many of the settlements he's advising people to sign are going to hurt others in the future.
Replies:
Subject: Any cases with law suits for wrongful termination


Author:
coII
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Date Posted: 11:27:41 01/23/07 Tue

Replies:
Subject: I hear you, I have dealt with him


Author:
md
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Date Posted: 12:28:11 01/12/07 Fri

I can tell you "unequivocally" this seems to be his big word. well it gave me no sense of security.

I have been to two hearings and then a civil service before getting my job back
Replies:
Subject: Thanks to the moderator of the sbcc site for help with some site code,


Author:
mod
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Date Posted: 20:43:12 01/12/07 Fri

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