Boston council bans council NDAs

The Boston City Council today voted unanimously to prohibit councilors from requiring their employees to sign NDAs or similar documents as a condition of employment.

Among those voting yes was Councilor Tania Fernandes Anderson (Roxbury), who currently faces federal criminal charges for an alleged scheme in which an NDA was involved: Prosecutors charge Fernandes Anderson hired a relative, required her to sign an NDA, then extorted a kickback from her.

The measure will apply both to current and future employees.

Councilor Benjamin Weber (Jamaica Plain, West Roxbury), who proposed the ban, said council employees need to "feel comfortable about raising concerns without fear of retaliation" - especially in public.

Before winning election as a councilor in 2023, Weber spent 20 years as a lawyer working with employees; he said he has been dismayed about the growing use of NDAs and similar employment requirements as a way to enforce control over workers and hide critical concerns.

Councilor Ed Flynn (South Boston, South End, Chinatown, Downtown) said the use of NDAs by councilors makes the public feel councilors are hiding something. He noted that Gov. Healey recently mandated an end to NDAs in state government.

Fernandes Anderson said she could vote for the measure, but said NDAs could serve a good purpose: If a councilor, "in the moment," expresses anger about another councilor, "I  don't want my staff tell other councilors" about that momentary heated moment.

But, "we can get rid of them, fine," she said. She added that she got the language for her NDA from another councilor, whom she did not name.

The council defeated a proposed amendment by Flynn that would have added a request to the Wu administration that it consider a similar ban across all city departments. Opponents said they would rather wait for action on an impending proposed ordinance that would mandate that.

Also expressing concern was at-large Councilor Julia Mejia, who said she was concerned the measure take into account "cultural competency" and not penalize councilors, like her, who never withhold their true feelings.

"Just because I'm aggressive and assertive and I'm spicy and sometimes a little bit too saucy for people's appetite, that my demeanor may feel a little bit uncomfortable for some," is no reason for any possible bullying, she said.