The Boston City Council voted to ban councilors from requiring their staff to enter into non-disclosure agreements as a condition of their employment, in response to a federal indictment that revealed Councilor Tania Fernandes Anderson used them on the people who worked for her.

The City Council voted 11-0, with two councilors absent, on Wednesday to amend its rules by adding a policy that bans the use of non-disclosure, non-disparagement and other confidentiality-related agreements and documents on the body.

Fernandes Anderson, who was indicted in December on six public corruption charges for a bonus kickback scheme involving one of her staffers, admitted at the day’s meeting to requiring her staff members to sign NDAs, but did not make mention of any nefarious intent or whether she still used them.

She voted in favor of the ban, which would make any current agreements signed by Council staffers unenforceable.

“The purpose of this docket is to ensure there is public confidence in the body,” Council President Ruthzee Louijeune, who chaired a committee hearing on the approved order last Friday. “The committee agreed that such agreements should not be used to conceal unlawful behavior and supported preventing the misuse of these agreements.”

Louijeune said councilors at last week’s Rules and Administration committee hearing discussed the “use of such agreements, emphasizing that the City Council should uphold the highest standards, fostering an environment where staff feel comfortable raising concerns without fear of retaliation.”

Fernandes Anderson was not mentioned in Louijeune’s recited committee report, nor referenced directly by the councilors who spoke prior to voting for the ban, but the federal allegations hanging over the body were alluded to in the discussion.

“While NDAs and confidentiality agreements are often intended to protect sensitive information, their use in municipal government raises serious concerns in a government that serves the public,” Councilor Erin Murphy said.

“It is essential to balance the need for confidentiality with the public’s right to transparency, particularly when these agreements have the potential to conceal misconduct, limit accountability or erode public trust,” she added.

Councilor Ed Flynn said NDAs make it appear to the public that councilors are “hiding something.”

A federal indictment unsealed the morning of Fernandes Anderson’s arrest stated that in or about 2023, the councilor required all her staff members to sign a non-disclosure agreement as a condition of employment, which former U.S. Attorney Joshua Levy said in December “stuck out to us as unusual.”

Pursuant to the NDA, Fernandes Anderson’s staff were barred from disclosing any “confidential information” to anyone unless they received her permission, such as non–public information concerning any aspect of the councilor’s office, staff or its affairs, the indictment said.

Fernandes Anderson is alleged to have pocketed $7,000 of a $13,000 bonus she doled out to one of her staff members, also a relative, with the handoff taking place in a City Hall bathroom in June 2023. She was arrested and arraigned on public corruption charges last year, on Dec. 6.

While not copping to any wrongdoing, Fernandes Anderson acknowledged at Wednesday’s meeting that she used NDAs with her staff, and had copied the language from agreements that were used by an unnamed colleague.

“Specifically, if I’m talking trash about my colleagues, like in a moment and I disagree with you guys, I’m like hey, I don’t want my staff to tell my other colleagues what I’m saying about them or the mayor,” Fernandes Anderson said. “There could be different reasons why people have NDAs. In fact, I copied mine from a colleague. Many of us have them, but we can get rid of them.”

Councilor Julia Mejia, while voting in favor, offered the only hint of criticism of the new policy. She said she wanted to ensure that a ban didn’t create the potential for “unintended consequences around professional conduct or ethical behavior,” given that her “aggressive” and “assertive” demeanor may be off-putting to others.

Murphy introduced a late-file hearing order relating to a non-disclosure agreement ban on Dec. 11, days after Fernandes Anderson’s arrest, but had to refile the order at the following meeting, Jan. 8, after it was blocked by Councilor Sharon Durkan.

Her order covered not only the Council, but extended to all city agencies. While it was discussed at last week’s hearing, Louijeune opted to keep Murphy’s order in committee at Wednesday’s Council meeting.

Louijeune opted to instead bring to a vote a similar order proposed by Councilor Benjamin Weber on Jan. 8, that focused solely on the City Council, in terms of implementing a ban.

Weber, a worker’s rights attorney, said his order was informed by his concerns over the increased use of non-disclosure agreements in the private and public sectors, including politics.

“I do think there is the potential for intimidation, and I don’t think they’re good public policy,” Weber said.

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Flynn, while voting in favor of the new policy, said the ban didn’t go far enough. He made a motion to introduce an amendment that would have recommended that the city administration prohibit the use of NDAs as well, across all departments.

That measure was defeated after failing to garner the support of seven councilors, with four voting in favor and three opposed. Four councilors voted present.

“I think the issue at the core of this question is that this recommendation is to change our rules, and they’re applied to our operation as a City Council,” Councilor Liz Breadon, who voted against the amendment, said. “We don’t write rules for the rest of city departments.”

Flynn and Murphy said they plan to introduce a home rule petition next week that would seek a change in local law to ban NDAs across city government.

City Council President Ruthzee Louijeune (Herald file)