Assistant General Counsel Suffolk County Sheriff's Department 200 Nashua Street Boston, MA 02114 Dear Attorney Lyons: I have received the petition of Matthew Rocheleau of the Boston Globe appealing the 1 response of the Suffolk County Sheriff's Department (Department) to a request for public records. G. L. c. 66, lOA; see also 950 C.M.R. 32.08(1). Specifically, Mr.

In addition to overtime compensation otherwise provided herein, expenses incurred for authorized meals as a result of overtime work outside any of the facilities under the jurisdiction of the Suffolk County Sheriff's Department shall be reimbursed up to a maximum of $1.50 per meal. Section 5.

Such rules and regulations shall include but not be limited to the Suffolk County Sheriff's Department employee policy manuals. Section 3. Subcontract Clause. The Municipal Employer reserves and retains the right to contract out work or subcontract out work. Pursuant to the exercise of such right, no employee shall be laid-off if there is available work in the same position or in a similar position which s/he is qualified to fill. Section 4.

Suffolk County Sheriffs Department, 2002 WL 34459851 *10, citing Board of Higher Education, 26 MLC 91 (2000). 5 As discussed below, the Employer possesses information that is clearly presumptively relevant and certainly reasonably necessary to the Union, an employee organization, in the performance of its duties as the exclusive collective bargaining representative.

Although involving a different prohibited practice charge, | find that this case can be compared to Suffolk County Sheriffs Department, 27 MLC 155 (2002), in which the Commonwealth Employment Relations Board (Board) found that even though a union was lulled into complacency by the employers assurances that it was trying to correct its error (an alleged unlawful unilateral change), this did not change the fact that the period of limitations began 4

Suffolk County Sheriffs Department, 27 MLC 155 (2002). Further, an optimistic assessment of the parties exchange of proposals does not provide good cause for a party's failure to file a charge within the six-month period of limitations. See Boston School Committee, 35 MLC 277, 286 (2009).

Suffolk County Sheriff's Department, 27 MLC 155 (2002). Further, an optimistic assessment of the parties exchange of proposals does not provide good cause for a partys failure to file a charge within the six-month period of limitations. See Boston School Committee, 35 MLC 277, 286 (2009). Here, the parties were negotiating acceptable corrective language to be published in the Associations newsletter.

The Union alleged that the Suffolk County Sheriff's Department had violated and Sections 10(a)(5) contribution rates for HMO (1) of the Law by unilaterally increasing health premiums and failing to bargain over those changes. insurance The charge also alleged that the Sheriff violated Sections 10(a)(6) and (1) of the Law by failing to bargain in good faith during mediation and fact-finding. conference on October 21, 2011.

Suffolk County Sheriffs Department 8 Beacon Street Boston, MA 02108 200 Nashua Street Boston, MA 02112 Re: SUP-11-5657, Suffolk County Sheriff's Office Dear Ms. Willis and Ms. Caulo: AFSCME Council 93, AFL-CIO (Union) seeks review of the December 15, 2011 dismissal of the above-referenced charge of prohibited practice.

See Suffolk County Sheriff's Department, 29 MLC 21, 27, MUP-01-2911 (July 18, 2002); see also Town of Wakefield, 27 MLC 9, 10, MUP-2441 (August 16, 2000); compare Suffolk County Sheriffs Department, 27 MLC 155, 159, MUP-1498 (June 4, 2001) (continuing violation found where employer's actions had effect of punishing employee on a day to day basis for engaging in concerted protected activity).

Town of East Bridgewater, 38 MLC 164, 167, MUP-07D-5095, 5155 (January 13, 2012) (citing Town of Wakefield, 27 MLC 9, MUP-2441 (August 16, 2000) (limitations period starts running on date union learned of discipline that formed the basis of prohibited practice charge, not the date on which its efforts to challenge that discipline through the parallel grievance procedure failed); Suffolk County Sheriffs Department, 29 MLC 21, MUP-01-2911 (July 18,

DPW cites Suffolk County Sheriff's Department v AFSCME Council 98, Local 1134 for the proposition that cell phone policies are to be considered within the ambit of managerial rights. This isin Error. In Suffolk County Sheriffs Department, the Commission used a balancing test to determine if limitation of personal cell phones was a managerial prerogative for the Sheriffs department and jail officers.

The Town argues that this case is controlled by the Boards holding in Suffolk County Sheriffs Department, Department, the 29 MLC Board 63 (2002). identified the | do not agree. In Suffolk County Sheriff's core interest managerial of the Sheriff's Department as safety and security of the prison and the primary function of correctional officers as the care, custody and control of inmates.

The Town argues that the Hearing Office misapplied the balancing test and the holding in Suffolk County Sheriffs Department, 29 MLC 63, MUP-012979 (October 9, 2002), a case addressing a public employer's obligation to bargain over a cell phone policy applicable to jail officers within a prison.

Suffolk County Sheriffs Department, 28 MLC 253, 261 (2002); Ayer School Committee, 4 MLC 1478, 1483 (1977). Compare Suffolk County Sheriffs Department, 30 MLC 1, 7 (2003) * Donahue did not provide the reasoning behind his decision. > The Union did not allege that the BPHC violated the Law by repudiating an oral agreement and, by arguing that Donahue acted as a Union agent, offered contrary facts during the investigation. Dismissal (con't.)

Zhang requested identified records regarding immigration detainees in Massachusetts from June 1, 2018 to present day, as well as identified documents relating to Bristol, Franklin, Plymouth, and Suffolk County Sheriff Department budgets and budget requests. Subsequent to the intervention by a member of the Public Records Division, I learned that the Office provided Ms. Zhang a response to her request.