Chapter 21: Pick and Choose

Since the MSP refused to comply as directed by the Attorney General's Office, namely paying $84,000 back pay and granting Accidental Disability retirement, the battle continued.

One afternoon, Joan's attorney asked her to come to his office. As she walked in, he was shuffling her legal papers around on his desk. She sat down and he looked up at her. He turned his hands, palm side up, and slapped the back of his hands on his desk, and with exasperation in his voice exclaimed, "It's all here. You've got it. WHAT DID YOU DO??!!" Surprised by his intensity, she answered back, "I didn't do anything wrong. I have a clean record, but I was the first female to take an MSP Colonel to the Commission Against Discrimination and he was really, really mad."

As the MSP had illegally delayed the process of negotiations, she became increasingly unable to pay her medical, legal, and living expenses. Without a weekly paycheck, she was now $45,000 in debt. The MSP now offered a ridiculously low amount of back pay and a retirement annuity of only one half what she was due. She was angry. She asked for a personal meeting with the Commissioner of the MSP.

Joan knew the Commissioner. He was a good man. She also understood that he may be bound by the direction of the MSP legal counsel. When she explained to him that the current offer didn't even cover her outstanding debt, he responded by saying, "You go back and negotiate some more." Then she asked the question of greatest concern to her, "If I come back on the job with this medical condition, can I be assured of light duty?" She was aware of a new policy which required every officer to work a minimum amount of time on road patrol so that no one worked consistently at a desk job. "A trooper is a trooper is a trooper." The sentiment being, if one could not work road patrol they were not performing all the requirements of the position. The Commissioner explained, "Under my command, I will assure you light duty, but I'm leaving soon. I can't assure anything beyond that."

Her decision was made. Maintaining her health was now Joan's highest priority. Dr. Mehta had stated, "She is at risk in a job that involves danger." He cautioned her that with another trauma to the head/neck area, she might not recover. She would settle.

In December of 1990 she signed a settlement agreement with the following provisions:

1. She agreed to accept less than half the back pay she was due, which didn't even cover her debt,

2. She agreed to accept Ordinary Disability, MGL Chapter 32 Section 6 which provides for any state employee who becomes disabled with over 10 years of service. to receive 50% or their pay rate taxed,

3. She agreed to sign off her rights to Accidental Injury, MGL Chapter 32 Section 26, which provides specifically for State Police Troopers injured in the line of duty to receive 72% or their pay rate, non-taxed.

The MSP agreed to take all reasonable steps to support her application for Ordinary Disability. Not surprisingly, they did not comply.

In January of 1991, per the signed agreement, she went to the Retirement Board to apply for Ordinary Disability. A Retirement Board representative looked over her paperwork, asked her a few questions, and exclaimed to her,

"For years, I've watched them pick and choose those they give 72% to and shit on others. It makes me sick. Go back and fight some more!!!"