State's ex-transportation chief was paid for months after stepping down, records show

After stepping down as Massachusetts Transportation Secretary in September, Gina Fiandaca continued to receive her full salary and benefits for the last quarter of the year as a "senior advisor," records show, even after her successor was named.

Fiandaca was paid the remainder of her $181,722 salary through Dec. 31, to offer "assistance, advice and counsel," according to a copy of her severance agreement obtained by WBUR.

It's not clear how much work, if any, Fiandaca actually performed in that time period. A spokesperson for Gov. Maura Healey did not respond to questions about Fiandaca's work as an advisor, but said it's "often beneficial" for senior officials to remain in an advisory capacity to ensure a smooth transition.

The state paid for two full-time transportation secretaries for about three months: Fiandaca and Monica Tibbits-Nutt, a deputy who was quickly named acting secretary and then was officially appointed to the role in November.

State finance records show Fiandaca was paid nearly $40,000 from when she left in September through mid-December.

"During this time, she was available to provide assistance, advice and counsel as needed," Healey press secretary Karissa Hand said.

The amount the former secretary earned for the last two weeks of the year has not yet been disclosed.

Fiandaca announced she would leave after just eight months on the job, making her the shortest serving Transportation Secretary in decades. The details around her departure are hazy — neither Fiandaca nor the Healey administration gave a public explanation.

The move came a few months after reports that the MBTA had awarded a $900,000 no-bid contract to a firm led by Fiandaca's former brother-in-law.

Fiandaca's separation agreement contains confidentiality and non-disparagement clauses that contract experts have flagged as problematic and possibly unlawful.

The letter outlining the agreement states that its terms "will be kept confidential to the extent permitted by law." The Massachusetts Department of Transportation initially refused to provide the document, but produced it after WBUR appealed.

Confidentiality and non-disparagement clauses are commonly used in the corporate world, but their use is restricted in the public sector. The Massachusetts Attorney General's office has advised state agencies in the past against using confidentiality clauses, except in special circumstances.

Brian Kane, executive director of the MBTA Advisory Board, criticized the agreement's language in an interview.

"As far as I'm concerned, these are public servants and we should all be very transparent with the taxpayers who are paying our salaries about what's going on," he said.

The severance agreement letter also says the Healey administration "will not disparage Fiandaca or Fiandaca's performance," or otherwise "take any action which could reasonably be expected to adversely affect her personal or professional reputation." Likewise, Fiandaca agreed not to disparage the administration.

There's heated debate around the legality of non-disparagement clauses, especially their potential violation of an employee's First Amendment rights. The National Labor Review Board last year ruled that overly broad non-disparagement clauses in severance agreements were unlawful.

"With a public employer, it's got some real free speech implications," said Harvey Schwartz, a retired civil rights attorney in Boston.

Fiandaca's severance is the second high-profile example of the Healey administration continuing to pay top officials after they've departed. The Boston Globe reported that Massachusetts Commission for the Blind commissioner David D’Arcangelo received more than $50,000 after he resigned in April amid allegations of verbal abuse and mismanagement.