By Tom Nash Mayor Joe Curtatone stood by trash contractor F.W. Russell in the face of criticism from Ward 6 Alderman Rebekah Gewirtz last week, saying the company has not been found of wrongdoing despite a recently announced $90,000 settlement for both intentional and unintentional wage-and-hour violations. The Attorney General's office announced Jan. 21 that Russell had not been paying overtime or recording accurate hours for its employees. The company will pay $70,000 to 352 current and former employees and $20,000 to the Commonwealth in addition to being subject to two years of monitoring.

Gewirtz had raised concerns about the contractor's labor practices when the Board of Aldermen was considering bids for the trash and recycling contract in November. Russell's $10.9 million bid for a five-year contract and a one-year extension were approved – Gewirtz voted against the five-year contract.

The investigation began in January 2008 after Teamsters Local 25 alleged workers at the non-union company were being treated unfairly. The accusation came during struggles between Local 25 members and Russell employees, culminating in riot police police being called to the site after the company's main gate was locked shut.

"What I would like is options for the Board of Aldermen at this stage," she said at the board's Jan. 28 meeting. "We should really only be doing business with companies that provide good jobs and good wages."

City Solicitor John Gannon countered that the Attorney General's findings did not include a "debarment order," which would force Russell out of the contract.

Curtatone said he spoke with Attorney General Martha Coakley about the issue, and that he was told "she would give me any insight that she could." He added that the settlement was a "civil finding" and shouldn't be taken out of context.

"That doesn't mean we take this lightly," he said. "These were clerical errors and mistakes … Nothing in the settlement indicates any kind of scheme to defraud the public."

Gewirtz countered that the nature of the violations pointed to wrongdoing, adding, "I don't see that as technical, and I think we need to take action."

"These are not crimes," Curtatone responded. "To deem something (with) specific intent … you should be careful."

Ward 3 Alderman Tom Taylor eventually stepped in. "I would like to hear what the financial implications would be," he said. "I think it's our right to get that information."

The order was approved, along with a resolution put in by Gewirtz asking that Russell owner Charles Carneglia's constable status be re-examined.