Baker: ‘Acts of God’ justify fine waivers for Keolis

Governor says commuter rail operator has been held accountable for on-time performance

GOV. CHARLIE BAKER said waiving the fines against Keolis for “acts of God” during the brutal winter of 2015 was the right thing to do but insisted the commuter rail operator has been held to answer for shoddy performance over the past year and half and will continue to be fined if the late trains continue.

The Boston Globe reported over the weekend that MBTA officials quietly forgave almost half the $1.7 million in fines levied against Keolis in February and March of last year. But Baker said after review, the fines that were waived were a result of circumstances beyond the rail company’s control, which is allowed by the contract language. He added Keolis paid more than $6 million in fines for failing to meet on-time goals and they won’t be getting any of that back.

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Jack Sullivan

Senior Investigative Reporter, CommonWealth

About Jack Sullivan

Jack Sullivan is now retired. A veteran of the Boston newspaper scene for nearly three decades. Prior to joining CommonWealth, he was editorial page editor of The Patriot Ledger in Quincy, a part of the GateHouse Media chain. Prior to that he was news editor at another GateHouse paper, The Enterprise of Brockton, and also was city edition editor at the Ledger. Jack was an investigative and enterprise reporter and executive city editor at the Boston Herald and a reporter at The Boston Globe.

He has reported stories such as the federal investigation into the Teamsters, the workings of the Yawkey Trust and sale of the Red Sox, organized crime, the church sex abuse scandal and the September 11 terrorist attacks. He has covered the State House, state and local politics, K-16 education, courts, crime, and general assignment.

Jack received the New England Press Association award for investigative reporting for a series on unused properties owned by the Catholic Archdiocese of Boston, and shared the association's award for business for his reporting on the sale of the Boston Red Sox. As the Ledger editorial page editor, he won second place in 2007 for editorial writing from the Inland Press Association, the nation's oldest national journalism association of nearly 900 newspapers as members.

At CommonWealth, Jack and editor Bruce Mohl won first place for In-Depth Reporting from the Association of Capitol Reporters and Editors for a look at special education funding in Massachusetts. The same organization also awarded first place to a unique collaboration between WFXT-TV (FOX25) and CommonWealth for a series of stories on the Boston Redevelopment Authority and city employees getting affordable housing units, written by Jack and Bruce.

About Jack Sullivan

Jack Sullivan is now retired. A veteran of the Boston newspaper scene for nearly three decades. Prior to joining CommonWealth, he was editorial page editor of The Patriot Ledger in Quincy, a part of the GateHouse Media chain. Prior to that he was news editor at another GateHouse paper, The Enterprise of Brockton, and also was city edition editor at the Ledger. Jack was an investigative and enterprise reporter and executive city editor at the Boston Herald and a reporter at The Boston Globe.

He has reported stories such as the federal investigation into the Teamsters, the workings of the Yawkey Trust and sale of the Red Sox, organized crime, the church sex abuse scandal and the September 11 terrorist attacks. He has covered the State House, state and local politics, K-16 education, courts, crime, and general assignment.

Jack received the New England Press Association award for investigative reporting for a series on unused properties owned by the Catholic Archdiocese of Boston, and shared the association's award for business for his reporting on the sale of the Boston Red Sox. As the Ledger editorial page editor, he won second place in 2007 for editorial writing from the Inland Press Association, the nation's oldest national journalism association of nearly 900 newspapers as members.

At CommonWealth, Jack and editor Bruce Mohl won first place for In-Depth Reporting from the Association of Capitol Reporters and Editors for a look at special education funding in Massachusetts. The same organization also awarded first place to a unique collaboration between WFXT-TV (FOX25) and CommonWealth for a series of stories on the Boston Redevelopment Authority and city employees getting affordable housing units, written by Jack and Bruce.

“It’s pretty hard to argue the winter of 2015 wasn’t an act of God,” Baker said of the record-breaking snowfall. “I have no intention, nor does the MBTA, of waiving any of those fines associated with on-time performance. They paid those fines and they should have… The fines associated with some of the more technical stuff that were tied more directly with the issues around the weather, I think the T made the right decision.”

The Globe had reported that the T absolved Keolis of the fines in November of last year but Baker said the decision was actually made and relayed to company officials seven months earlier, in May of last year, “before we had a Fiscal and Management Control Board.” Baker said the letter in the fall that the Globe was referring to merely made note of the decision to earlier forgive the $839,000 fine. But, he added, with the fiscal control board in place, the process of measuring performance and assessing penalties has been and will be much more consistent and evenly carried out.