Boston Councilor Demands Investigation into Water and Sewer Commission Chaos

Boston City Councilor Ed Flynn has formally urged Mayor Michelle Wu to initiate an investigation into the ongoing turmoil at the Boston Water and Sewer Commission. Flynn’s request, made in a letter dated November 6, highlights concerns regarding the agency’s senior leadership amid reports of internal discord and allegations of misconduct.

In his correspondence, Flynn emphasized the need for transparency, stating, “For this Commission to regain credibility with Boston residents and operate effectively, an investigation is now warranted of senior leadership at the Commission.” His letter was submitted for discussion at the City Council meeting scheduled for the following Wednesday. Flynn, who represents South Boston, chose not to elaborate on his request when contacted for further comments.

Mayor Wu’s office has yet to respond to inquiries regarding the investigation request. The call for scrutiny comes after public records revealed significant staff disruptions at the Commission, including the dismissal of General Counsel Michael Flaherty and the suspension of the human resources director, alongside claims of nepotism in hiring practices.

Wu acknowledged the ongoing issues in a March radio interview, stating, “I have had many things on my plate and have not delved into the details of exactly what’s been going on under the hood of that agency.” She expressed her intention to focus more on the Commission’s operations, recognizing the need for oversight concerning staffing challenges.

Since Wu’s remarks, the situation has reportedly deteriorated. The human resources director, Marie Theodat, was terminated on April 18 following several civil lawsuits that included serious fraud allegations. Theodat had been on paid administrative leave since December 2 of the previous year. The Commission noted that her firing stemmed from “allegations of misconduct,” which were under investigation.

Theodat has faced multiple legal challenges, including a lawsuit filed in August 2024 in Suffolk Superior Court that accused her of conspiring with family members to defraud her elderly uncle out of his $1.1 million home. Additionally, a jury ruled against her in a separate case, requiring her to pay $72,000 to a plaintiff who accused her of failing to repay a mortgage loan.

In a counteraction, Theodat filed an employment discrimination lawsuit on September 30, claiming that former city councilors Flaherty and Ricardo Arroyo, along with others, conspired to have her dismissed from her position. Flaherty himself had been removed from his role as general counsel in January due to what the Commission described as a “breakdown in the working relationship” with Executive Director Henry Vitale.

The Commission reportedly paid Flaherty $253,630 as part of a separation agreement that barred him from taking further legal action against the agency. This agreement was signed in February following his departure.

Recent events have seen further turmoil, with dueling restraining orders filed between Vitale and former security chief Sean Canty. Canty alleges that he has been subjected to harassment and surveillance as retaliation for filing a discrimination claim against the Commission. Conversely, Vitale claims that he fears for his safety due to Canty’s behavior.

Canty’s harassment order was filed shortly after Vitale sought a restraining order, indicating escalating tensions within the Commission. Canty was dismissed from his position in December 2024 following allegations of making racist remarks to a colleague, claims he vehemently denies.

The Boston Water and Sewer Commission operates under the oversight of a three-member Board of Commissioners, appointed by the mayor with the approval of the City Council. As the situation continues to develop, the demand for an investigation into the agency’s internal dynamics remains a central issue for city officials and residents alike.