Commission Meetings

The Official Website of the Massachusetts State Ethics Commission

The Enforcement Action Summaries may be searched by keyword. Control F will place a search box on your screen; type in the keyword and hit enter; click on link. Examples of keywords include public roles such as selectman, police officer, legislator, or comptroller; a shortened term for a section of the law such as gratuities, formers or appearances; or a locality such as Boston, Bridgewater, Springfield, or Shutesbury.

The complete text for 1992-2006 Public Education Letters, Public Enforcement Letters, Disposition Agreements and Decision and Orders may be accessed by clicking on the link beneath the corresponding summary. You may return to this page by clicking on your browser’s back button.

The complete text for older enforcement actions may be obtained by calling the Commission’s Public Education Division at 617-371-9500 for some of the older enforcement actions.

The Commission fined Boston City Councilor Michael P. Ross $2,000 for violating the state’s conflict of interest law by using his right to have parking tickets "administratively dismissed" if the violations occurred when the councilor was performing official city business to have approximately 35 tickets he received when he was conducting personal business dismissed. According to the Disposition Agreement, between January 2002 and February 2006, Ross had approximately 105 tickets dismissed. Most of the tickets involved parking violations resulting from a failure to pay parking meter fees ($25 per ticket) and/or parking without a permit in resident-only parking spots ($40 per ticket). Although Ross is a resident of Boston and eligible for a resident parking permit, he did not obtain such a permit. Approximately 35 of the tickets, with an estimated value of $1,000, were issued while he was engaged in personal rather than City business. After the Commission initiated its investigation, Ross reimbursed the City $1,000 for these tickets. By using his City Council position to obtain dismissal of approximately $1,000 worth of personal parking tickets, Ross violated § 23(b)(2).
Disposition Agreement

The Commission issued two Disposition Agreements in which former Monson selectman James Manning and former Monson Police Chief Joseph Rebello each admitted violating the state’s conflict of interest law and agreed to pay fines of $2,000 and $1,000, respectively. According to the Disposition Agreements, in 2001 Manning asked Rebello to issue him a $415 police pistol because Manning felt threatened by a suspended police sergeant. Rather than require Manning to buy his own gun, Rebello gave Manning the police pistol after Manning, who already had a gun permit, completed a firearm training course, as required by Rebello. Manning had the pistol for six months before turning it in when he left for military duty. When Manning returned from military duty, he again sought a police pistol but his request was denied after the new police chief brought his request to the other selectmen. Manning felt he was entitled to a police pistol because he was a police commissioner, even though he had no enforcement responsibilities requiring him to carry a pistol. There is nothing in the Monson town ordinances or the Massachusetts General Laws that authorizes a police commissioner to be issued a police department pistol. By using his position to receive a police pistol to which he was not entitled, Manning violated G.L. c. 268A, § 23(b)(2); by giving him the pistol, Rebello also violated § 23(b)(2).
Disposition Agreement: Manning
Disposition Agreement: Rebello

The Commission issued a Disposition Agreement in which former Fitchburg City Councilor Matthew Straight admitted violating the state’s conflict of interest law and agreed to pay a fine of $2,000. According to the Disposition Agreement, Straight worked for and owned 2 percent of Johnsonia Associates, a limited partnership created to own and manage a 52-unit apartment building on Main Street in Fitchburg. Straight’s father owned a majority share of the partnership, and a third person owned the remaining share. In 2002, Straight received oral advice from the Ethics Commission that he could not participate as a city councilor in a discussion that would affect his or his father’s financial interests. In 2004 and 2005, the Straights began the process to convert the Johnsonia rental units into condominiums. In January 2005, Straight wrote a letter to the License Commission as a city councilor raising concerns about the Third Base Bar & Grill, a bar near the Johnsonia building that was facing suspension of its liquor license. Straight recommended that the bar’s closing hours be changed from 2 a.m. to 12 midnight and that the bar receive a warning letter. In March 2005, Straight spoke at a License Commission hearing regarding the House of Brews, another bar near the Johnsonia building. The decisions concerning the neighboring bars would affect the plan to redevelop the Johnsonia building as a condominium building. As the manager of the Johnsonia and a part-owner of the building, Straight had a private financial interest in keeping the neighborhood safe and free from crime. By participating as a City Councilor in matters before the License Commission involving bars nearby the Johnsonia building, Straight participated in matters affecting his, his father’s and his employer’s financial interests in violation of G.L. c. 268A, § 19.
Disposition Agreement

The Commission fined Provincetown Department of Public Works (DPW) Director David Guertin $2,000, consisting of a $1,000 civil penalty and a $1,000 forfeiture, for violating the state’s conflict of interest law by improperly receiving free dockage for his sailboat from Provincetown-MacMillan Realty Trust (PMRT). According to the Disposition Agreement, Guertin was the project manager for the renovation of MacMillan Wharf, owned by PMRT, and was involved in overseeing the Town water system and in determining betterment assessments, all of which financially impact PMRT. In late spring 2001, Guertin, who kept his 30-foot sailboat at a mooring in the Provincetown marina, accepted the offer of a PMRT principal to tie up his boat at the PMRT slip on the wharf to make repairs. Guertin docked his boat at PMRT’s slip for approximately 10 days. The value of the docking was approximately $1,000. Guertin did not pay for the use of the slip. By using his position as DPW director to secure free dockage for himself Guertin violated G.L. c. 268A, 23(b)(2).
Disposition Agreement

The Commission fined Nantucket County Sheriff Richard Bretschneider $1,500 for violating the state’s conflict of interest law by offering to purchase an interest in property from a person on whom he was serving an eviction notice. According to the Disposition Agreement, in May 2005, Bretschneider in his official sheriff’s uniform drove his Sheriff’s Department vehicle to the residence of a woman he had approached on numerous previous occasions seeking to purchase her interest in a residential property she owned with nine other cousins. Bretschneider served her with a 14-day Notice to Quit the residence she was renting. Bretschneider suggested she sell her interest in the property to him, saying, "This might be a good time to sell." The woman refused. By using his position to attempt to purchase property from someone with whom he was conducting official business as a sheriff, Bretschneider violated G.L. c. 268A, § 23(b)(2) and 23(b)(3).
Disposition Agreement

The Commission concluded public proceedings against former Beverly Mayor Thomas Crean and former Purchasing Director Christopher Bradley by approving Disposition Agreements in which Crean and Bradley each admitted to violating the state’s conflict of interest law by arranging for Crean’s laptop computer to be declared surplus, then selling it to Crean for $100 days before he left office. Crean paid a civil penalty of $1,000 and reimbursed the City of Beverly $500 for the computer; Bradley paid a civil penalty of $500. According to the Disposition Agreements, in 2002 when Crean took office, the city paid $1,785 to purchase a Compaq Presario laptop computer for his use. In fall 2003, Crean decided he wanted to buy his laptop from the city when he left office. Both Bradley and the city solicitor told Crean that he would have to follow legal procedures for disposing of items no longer of use to the city. Crean did not follow the proper procedure when he directed Bradley to treat the laptop as surplus. Bradley proceeded to treat the laptop as surplus and put it up for auction. Crean’s bid of $100 was the only bid. Crean paid for and took possession of the laptop shortly before he left office in early January 2004. By directing his subordinate, Bradley, to declare the laptop surplus and by guiding the procedure for doing so, Crean violated G.L. c. 268A, § 19. By bidding on and purchasing the laptop from the city, Crean violated G.L. c. 268A, § 20. From Bradley’s failure to require Crean to comply with the usual procedures for disposal of surplus property, it appeared that Crean could improperly influence Bradley or unduly enjoy Bradley’s favor in the performance of his official duties. Thus, Bradley violated § G.L. c. 268A, 23(b)(3). Bradley could have avoided violating §23(b)(3) by making an advance written disclosure to dispel the appearance of impropriety. He did not make such a disclosure.
Disposition Agreement: Crean
Disposition Agreement: Bradley

The Commission fined former Methuen Mayor Sharon Pollard $4,000 for violating the conflict of interest law by directing $200,000 in mitigation funds from Brooks Pharmacy to the Methuen Festival of Trees. The Festival of Trees is a non-profit founded by Pollard to benefit historic preservation in Methuen by restoring stone walls in the historic district. According to the Disposition Agreement, in 2004, Brooks Pharmacy agreed to give Methuen $650,000 to mitigate traffic problems created by a new store. Pollard instructed Brooks Pharmacy to pay $450,000 to the city and $200,000 to the Festival of Trees. When the City Council formally accepted the $450,000 payment from Brooks Pharmacy in September 2004, Pollard did not disclose the $200,000 payment she arranged for the Festival of Trees. In spring 2005, Pollard appeared before the City Council to answer questions that had arisen about the $200,000 payment. In June 2005, the Festival of Trees returned the $200,000 it had received to the City. Pollard testified that she believed that the City had already addressed traffic issues in the area and that the funds should go to a variety of civic projects, including wall restoration. By instructing Brooks Pharmacy to give $200,000 to the Festival of Trees, Pollard used her position to secure for the Festival of Trees an unwarranted privilege. By acting as mayor on a matter in which a private organization she co-founded had a substantial financial interest, Pollard violated § 23(b)(2).
Disposition Agreement

The Commission resolved public proceedings against former Department of Housing and Community Development (DHCD) Paralegal Amy J. Fripp by concluding that the Commission’s Enforcement Division did not prove its case and ordering the matter dismissed. In July 2003, Fripp, who was employed at the time as a paralegal at DHCD, purchased an affordable housing condominium unit in Lincoln pursuant to the Homeownership Opportunity Program (HOP). HOP is a DHCD program that assists low and moderate income households in buying affordable homes at a discounted price. As part of the purchase, Fripp signed a deed rider restricting the resale of the condominium, as required by HOP. The Commission’s Enforcement Division alleged in June 2005 that Fripp violated G.L. c. 268A, § 7 when she purchased the condominium pursuant to HOP while she was a DHCD employee. The Commission’s Decision and Order concluded that the Enforcement Division did not prove that the deed rider was "a contract made by a state agency in which the commonwealth or a state agency is an interested party." More specifically, the Commission concluded that the evidence did not establish that the Lincoln Foundation had acted as the DHCD’s agent in making the deed rider.
Decision and Order

The Commission found reasonable cause to believe that Massachusetts Convention Center Authority (MCCA) sound technician David Aragona violated the conflict of interest law by attending meetings of the Board of State Examiners of Electricians while he was on MCCA time and receiving MCCA compensation. The Commission concluded its review of this matter with the issuance of a Public Education Letter. According to the letter released today, beginning in 2002, Aragona, who is scheduled to work from 6:00 a.m. to 2:00 p.m., attended meetings of the Electricians Board during those hours. The Electricians Board meets once a month from approximately 10:00 a.m. to 3:30 p.m. Aragona did not receive written approval from his appointing authority to attend the Electrician Board meetings on MCCA time. In 1998, the Commission ruled that a public official would not violate § 23(b)(2) by using state time and resources to perform duties for a private non-profit association provided that the public official’s appointing authority approved the arrangement in writing and specified that the following three conditions were met: (1) the duties were in furtherance of the public interest; (2) the duties were interconnected with the public official’s duties and (3) the duties were not used toward partisan political ends. The Public Education Letter notes that the same three conditions must be met when a public official is using state time and resources for another public position and emphasizes the importance of written approval.
Public Education Letter

The Commission approved two Disposition Agreements in which Lancaster Board of Health (BOH) chairman Shawn S. Winsor and member Robert Baylis admitted to violating the conflict of interest law by authorizing payment to themselves for mowing the town’s landfill. Winsor agreed to pay a $5,000 civil penalty and $2,700 civil forfeiture for the money he improperly received and Baylis paid a $2,000 civil penalty and $1,800 civil forfeiture for the money he improperly received. According to the Disposition Agreement, in spring 2004 the Lancaster BOH was unsuccessful in finding a vendor to mow the town’s landfill. Failure to mow it could result in fines by the Department of Environmental Protection. Baylis and Winsor decided to mow the landfill themselves. On June 3, Winsor and another BOH member signed a blank voucher authorizing payment for mowing the landfill. Neither the vendor’s name nor the amount of the payment was included in the voucher. On June 25, Winsor submitted an invoice from Bowen Landscaping, a company he owned, in the amount of $4,890. A vendor would usually submit an invoice for work that had already been performed; the landfill was not yet mowed on June 25. The BOH assistant entered "Bowen Landscaping" and the amount on the blank voucher. The town issued a check on July 15. Winsor had the BOH hold the check until August 14, when Baylis, using his own tractor, and Winsor, using a tractor rented by Baylis, mowed the landfill. Winsor then cashed the check from the town for $4,890, paid the $388 cost of the rental tractor, gave approximately $1,800 to Baylis and kept approximately $2,700. By awarding a contract from which they knew they were to be paid, Winsor and Baylis violated § 19. Winsor also violated § 19 by approving a blank voucher authorizing payment to his company. By receiving pay for mowing the landfill, Winsor and Baylis had a financial interest in a contract with the town and violated § 20. By using his position to improperly secure a $4,890 contract, Winsor violated § 23(b)(2).
Disposition Agreement: Winsor
Disposition Agreement: Baylis

The Commission fined MassHighway Civil Engineer Paul Hoey $2,000 for violating the conflict of interest law by participating in the promotion process where his son was one of the applicants. According to a Disposition Agreement, in February 2006, a Civil Engineer II position was posted. Hoey’s son was one of 14 applicants that met the minimum requirements of the position. Hoey did not disclose to his appointing authority that his son, who was currently working as a Civil Engineer I, was a candidate for the position. Hoey chaired the job search committee, selected two subordinates to serve on the committee with him, determined which questions to include in a written civil service test and proctored the exam. He and the other two committee members individually scored the tests; scores were combined to arrive at an overall score for each candidate. Hoey’s son scored second highest on the test. Hoey forwarded the scores of the top 12 candidates to the appointing authority. The candidate who scored first accepted the position. By participating in the promotion process where his son was an applicant, Hoey violated § 6.
Disposition Agreement

The Commission fined Braintree Building Inspector Robert Galewski $4,000 and required him to pay a civil forfeiture of $1,500, representing the unjust enrichment he received, for violating the state’s conflict of interest law, M.G.L. c. 268A, by using his subordinates and a vendor to perform private work for him without pay. In March 2001, Galewski asked local general contractor Brian McGourty to replace the mailbox at Galewski’s personal residence. The total cost for labor and materials was approximately $285. Galewski did not compensate McGourty for the labor or materials. In addition, on numerous occasions between 2001 and 2006, McGourty or one of his employees plowed snow from Galewski’s driveway. Galewski did not compensate McGourty for the snowplowing. Between 2002 and 2006, Galewski issued building permits and conducted inspections on projects of McGourty, including a 2004 plan for a $1 million building project in which Galewski requested deferral of Planning Board approval until certain outstanding Building Department concerns were resolved. The Disposition Agreement also discusses Galewski’s solicitation of subordinate inspector Michael McGourty (the brother of Brian McGourty) to help transport a dishwasher from a department store to Galewski’s personal residence in 2005 and subordinate inspector Eric Erskine to plow Galewski’s driveway on numerous occasions between 2001 and 2006. Galewski did not compensate Michael McGourty; he gave Erskine a bottle of liquor and two $50 gift certificates in appreciation of his services. By using his Building Inspector position to get free services from subordinates and a vendor, Galewski violated § 23(b)(2).
Disposition Agreement

The Commission issued a Disposition Agreement in which Leominster Building Department Director of Inspections Edward Cataldo admitted violating the state’s conflict of interest law and agreed to pay a fine of $3,300, made up of a $3,000 civil penalty and a $300 civil forfeiture. Cataldo has a private business, Energy Plus. In 2001 and 2002, he advertised his private business through a flier taped to the Building Department front counter. The flier was also distributed to permit applicants. On six occasions, Cataldo produced energy code audit reports for private clients of his business. Cataldo’s clients submitted the reports produced by Cataldo to the building department along with building permit applications. Such reports are required as part of the local building permit process and were reviewed by a building inspector prior to issuing a building permit. Cataldo earned $50 for each report. In one instance, Cataldo, as Director of Inspections, reviewed an energy code audit report that he had been paid privately to produce. By receiving compensation from his clients for energy code audit reports that were then submitted with building permits, Cataldo violated § 17(a). By reviewing the energy code audit report that he had been paid privately to produce, Cataldo violated § 19. By using his position to advertise his private business, Cataldo violated § 23(b)(2).
Disposition Agreement

The Commission issued a Disposition Agreement in which developer Paul Cokinos admitted violating the state’s conflict of interest law and agreed to pay a civil penalty of $2,000. Cokinos violated G.L. c. 268A, § 17(b) by, in spring 2005, paying Rockland Conservation Commissioner Kenneth Karlson $10,000 to perform excavation work on a construction project at the Massachusetts Sports Club. In summer 2004, Karlson participated as a Conservation Commission member in issuing an order of conditions for the project that included the grading that he later performed. Karlson served as a Conservation Commissioner until May 2005. The Conservation Commission’s decision concerning the grading requirements on the project was a particular matter in which the town of Rockland had a direct and substantial interest.
Disposition Agreement

The Commission fined Massport Business Analysis Manager William Lynch $7,000 for violating the state’s conflict of interest law by using his office and office equipment to operate a tax preparation business. During the 2005 and 2006 tax seasons, Lynch prepared the majority of his approximately 200 clients’ tax returns using his Massport office computer and office facilities. Between February and April each year, he spent approximately 12 hours each week after his state work hours on this private tax work. By extensively using state resources for his private tax preparation business, Lynch violated §23(b)(2)
Disposition Agreement

The Commission approved a joint motion to dismiss charges that Abington Treasurer/Collector Paul Donlan violated the state’s conflict of interest law, G.L. c. 268A, by completing forms that allowed Thomas Connolly, a former friend and Donlan’s predecessor as Treasurer/Collector, to collect unemployment benefits. The Commission had charged that Donlan had violated G.L. c. 268A, § 23(b)(2) and 23(b)(3). The parties recently discovered evidence indicating that the Division of Unemployment Assistance (DUA) mistakenly permitted Connolly to file a claim despite the fact that, under state law, elected employees are ineligible to receive unemployment compensation. In view of this newly discovered evidence, the parties filed a joint motion to dismiss the charges that Donlan violated G.L. c. 268A §23(b)(2). The motion to dismiss concluded that the facts support the conclusion that Donlan created the appearance of a conflict of interest in violation of G.L. c. 268A §23(b)(3) by participating in approving Connolly’s unemployment claim, given their previous relationship, but that this appearance of a conflict of interest alone was not sufficient to warrant a fine. The Commission allowed the joint motion, dismissing the charges against Donlan.
Disposition Agreement

The Commission concluded public proceedings against Carver Board of Health (BOH) Agent Robert C. Tinkham, Jr. by approving a Disposition Agreement in which Tinkham admitted to violating the state’s conflict of interest law, G.L. c. 268A, by overseeing testing of, inspecting and approving installation of new septic systems at a campground owned by his parents. Tinkham paid a civil penalty of $3,000. According to the Disposition Agreement, in 2002, Pinewood Way Camping Area, a South Carver campground owned and operated by Tinkham’s parents and as to which Tinkham serves as a corporate director, was required to upgrade its septic systems in accordance with Title 5 of the state environmental code. In November 2002, Tinkham as health agent witnessed five soil percolation tests for five new septic systems. In April 2003, Tinkham, acting on behalf of the BOH, inspected the installed systems and authorized their completion. In addition, Tinkham submitted five sewerage system inspection reports to the BOH and signed five certificates of compliance. The BOH had instructed Tinkham in 1995 that any inspections he performed at the campground would be done with a BOH member present. A BOH member was not present during Tinkham’s actions inspecting and approving installation of the septic systems. Section 19 prohibits a municipal employee from officially participating in matters in which to his knowledge he, his immediate family or a business in which he is serving as a director has a financial interest. By participating in these matters, Tinkham violated G.L. c. 268A, § 19.
Disposition Agreement

The Commission fined former Springfield Parking Authority (the Authority) Operations and Facilities Manager Kelly Giampa $3,000 for soliciting bribes for herself and a friend in early September 2003 from a contractor seeking work from the Authority. According to a Disposition Agreement, Edward Rossi, whose wife worked at the Authority, expressed interest in bidding on a contract to remove and replace a retaining wall at an Authority parking lot. After Authority Executive Director Clement Chelli questioned whether the contract could be awarded to the spouse of an Authority employee, Giampa told Rossi that she would make sure Rossi got the contract if Rossi gave her $1,000. Giampa also proposed that Rossi give her friend $1,000 in return for her friend’s name being used on the contract instead of Rossi’s. Rossi declined Giampa’s suggestion and subsequently submitted a bid, dated September 16, 2003, for $21,476, which was the lowest bid received. When the Authority learned that Giampa had allegedly solicited money from Rossi in relation to his bid, the Authority canceled the bids and ordered an investigation. Giampa was suspended from her position on September 23, 2003 and resigned in October 2003. Section 2 of the conflict of interest law prohibits a municipal employee from corruptly soliciting or seeking anything of value for herself or any other person in return for being influenced in her performance of any official act.
Disposition Agreement

The Commission issued a Disposition Agreement in which Westford Affordable Housing Committee member Douglas C. Deschenes admitted violating the state’s conflict of interest law and agreed to pay a civil penalty of $5,000. Deschenes also agreed to forfeit $3,862, the compensation he had received for work done in relation to matters involving the AHC. According to the Disposition Agreement, Deschenes, an attorney, violated G.L. c. 268A, § 17(a) and (c) by representing clients for compensation on 11 different plans before the AHC. Deschenes did not participate as an AHC member in matters involving his clients.
Disposition Agreement

The Commission fined former Chicopee Assistant Treasurer Therese A. Hamel $5,000 for violating section 23(b)(2) of the state’s conflict of interest law by repeatedly allowing herself, family, friends and co-workers to cash checks at the Treasurer’s Office without her office immediately depositing them and to take cash from the Treasurer’s Office, leaving IOU’s. According to the Disposition Agreement, Hamel allowed friends and family to cash personal checks then held the checks for significant periods of time without depositing them for payment. She also allowed herself, friends, co-workers and family to take cash of up to $1,000. After the State Police investigated Hamel’s conduct, she repaid the City $4,400 for monies she and others had borrowed. In March 2005, an independent auditor’s report criticized the actions but found no cash shortages. Hamel resigned under pressure and repaid the City $110 in interest on the $4,400 that had been improperly borrowed. By using the Treasurer’s Office as a private bank for herself, family, friends, and co-workers, Hamel obtained for herself and others the unwarranted privilege of personal banking services.
Disposition Agreement

The Commission fined former Massachusetts Labor Director Angelo R. Buonopane a total of $28,000 for violating the section 23(b)(2) of the state’s conflict of interest law by taking approximately $18,000 in unauthorized vacation/personal time compensation. Buonopane paid a $10,000 civil penalty and $18,000 as a civil forfeiture, the value of the unearned vacation/personal time compensation he received. According to the Disposition Agreement, Buonopane was entitled to four weeks vacation and three personal days annually. During his tenure as Labor Director, he submitted timesheets which resulted in his receiving approximately eight additional weeks of leave time in excess of what was properly available to him. Buonopane resigned from his position in April 2005 when allegations about his excessive leave time became public. By taking $18,000 in compensation for vacation and personal time, Buonopane used his position to get an unwarranted privilege.
Disposition Agreement

Salem City Councilor Michael Bencal paid a civil penalty of $2,000 for violating section 23(b)(2) of the state’s conflict of interest law by improperly soliciting campaign contributions for the mayoral campaign of Salem City Councilor Kevin Harvey. According to the Disposition Agreement, Bencal contacted Salem Parking Director James Hacker in March 2004. Bencal told Hacker that Harvey, if he became mayor, would reappoint Hacker as parking director if Hacker raised $4,000 for Harvey’s mayoral campaign. In Salem, the mayor appoints the parking director subject to City Council approval. After Hacker said he was unable to meet with Bencal and Harvey the following weekend, Bencal said he would arrange a meeting and call Hacker back. Harvey did not win the election. By soliciting $4,000 in contributions for Harvey’s mayoral campaign from Hacker where Bencal had the ability to impact Hacker’s position as parking director then and in the future, Bencal used his city councilor position to get an unwarranted privilege, i.e., soliciting contributions in exchange for favorable treatment for Hacker concerning his parking director position.
Disposition Agreement

The Commission fined former Wendell Board of Health member Andrew Hamilton $2,000 for violating the state’s conflict of interest law, M.G.L. c. 268A, by using his position to sell a water filtration system valued at $1,112, to a resident after water from her new well failed to meet certain requirements. According to the Disposition Agreement, Hamilton as a BOH member met with Reverend Adele Smith-Penniman, who was converting a weekend home to a year-round dwelling, and informed her that her well water’s iron and manganese levels, which were tested by an independent laboratory, were too high. Hamilton then told Smith-Penniman that he was going to "change hats" and speak to her in his private capacity. He then sold her a water filtration system. Smith-Penniman felt pressure to purchase the system because Hamilton was on the BOH and because the BOH signs off on building permits. After Smith-Penniman purchased the water filtration system, she did not install it. Usage of the well worked out the contaminants. By soliciting someone who was subject to a stop work order by the BOH, and by making his solicitation in the course of an official discussion where he addressed the work order issue, Hamilton used his BOH position to influence Smith-Penniman to purchase a water filtration system. As part of the agreement, Hamilton agreed to return $1,112 to Smith-Penniman in exchange for return of the water filtration unit.
Disposition Agreement

Mendon-Upton Regional School District employee David M. Lunny paid a civil penalty of $2,500 for violating the state’s conflict of interest law, M.G.L. c. 268A, by improperly soliciting services from employees of Mount Vernon Group, a private architectural firm, which served as the architect for the construction of the Memorial Elementary School in Upton. Lunny paid a $2,000 civil penalty and a $500 civil forfeiture, reflecting the value of the drafting services he received. According to the Disposition Agreement, Lunny was hired by the school district in September 2002 as an owner’s representative of the school project, responsible for reporting back to the school building committee on the progress of the project, including assessing how the architect was performing its responsibilities. While at the job site, Lunny asked Greg McIntosh, a principal of Mount Vernon Group, to review documents for a proposed garage/office Lunny planned to build at his house and to produce computer-aided drawings of the proposed structure. McIntosh worked occasionally on Lunny’s project until March 2003 when he told Lunny he had no more time to spend on it. Mount Vernon Group employee Tim Sampson, the project manager, agreed to take over the project as a favor to McIntosh but told Lunny he expected to be paid for his work. In April 2003, Sampson gave Lunny the work he had produced. Lunny never paid Sampson or McIntosh for the work they had done, which they estimated was worth $500.
Disposition Agreement

The Commission fined former Clinton Building Inspector Peter Pender $2,000 for violating §19 of the the state’s conflict of interest law, G.L. c. 268A, by reviewing construction plans and issuing a building permit for property owned by Pender and his wife. In October 2004, Pender’s wife submitted to him a building permit application and associated construction plans for property owned by both of them. Pender reviewed the plans to determine that the estimated construction costs were reasonable, calculated the building permit fee to be $672 based on the estimated $84,000 in construction costs, reviewed the plans for code compliance and issued a building permit.
Disposition Agreement

The Commission fined former Massachusetts Department of Environmental Protection (DEP) Bureau of Waste Management Analyst Michael Rostkowski $10,000 for violating §5(a) of the state’s conflict of interest law, M.G.L. c. 268A, by receiving compensation from Mass Environmental Associates (MEA) in connection with a Wilmington landfill project in which Rostkowski participated while he was a DEP analyst. The owner of the Maple Meadow Landfill located in Wilmington and DEP entered into an agreement regarding the closing of the landfill. MEA was hired by the landfill owners to conduct the closure. As a DEP employee, Rostkowski assessed the landfill and recommended enforcement/investigative actions. Rostkowski left DEP in February 2001 and worked for MEA until April 2004. While working for MEA, Rostkowski monitored MEA employees and equipment at the landfill and made recommendations regarding storm water control measures.
Disposition Agreement

The Commission fined Mendon Parks Commissioner Joseph Flaherty $1,000 for violating the state’s conflict of interest law, M.G.L. c. 268A, by using his position to enable his son to attend the Parks Department’s summer youth camp as a junior counselor. Flaherty served on the Parks Commission from 2000 to 2004, then was re-elected in May 2005. The Mendon Parks Department provides a summer camp for residents 12 years old and younger at a cost of $150 per week. Junior counselors, ages 13 to 15, attend camp unpaid, receive free lunch every day and gain valuable experience that could lead to a paid senior counselor position in the future. In early 2005, the Mendon Parks Commission limited the number of junior counselors to 10. Flaherty was not a member of the Commission when this decision was made. Flaherty’s 15-year-old son, who had served as a junior counselor in 2003 and 2004, was one of 25 applicants for the 10 junior counselor openings. He was not selected. Once Flaherty was re-elected to the Parks Commission, he expressed his concerns about the number of junior counselors and the hiring process. The Parks Commission, at a meeting at which Flaherty did not attend, voted to keep the number of junior counselors at 10. On Monday, July 11, 2005, Flaherty brought his son to the camp and told the newly appointed camp director that his son was there to be a junior counselor that week and for two additional weeks. Flaherty’s son attended the camp as a junior counselor for at least 10 days during these three weeks. By bringing his son to camp and telling the director his son was there as a junior counselor, Flaherty violated § 23(b)(2).
Disposition Agreement

The Commission approved a Disposition Agreement in which former Berkshire County Treasurer Peter Arlos admitted violating G.L. c. 268A, § 13 and agreed to pay a $1,000 fine and to forfeit $1,200 in compensation for participating in a matter in which he had a financial interest. The Disposition Agreement concluded public proceedings against Arlos. In June 2000, Arlos, as treasurer/custodian of the County Retirement Board by virtue of his position as County Treasurer, voted, in a 3-2 vote, to approve a three percent wage increase for himself. As a result of the raise, he received an additional $1,200 in compensation. Arlos believed that the County Retirement Board was not a county agency, thus his actions as a member of the County Retirement Board were not governed by G.L. c. 268A. The Commission found, however, that the County Retirement Board was a county agency and its members are subject to c. 268A. By participating in voting to approve a wage increase, Arlos violated G.L. c. 268A, § 13.
Disposition Agreement

The Commission issued a Disposition Agreement in which Rockland Finance Committee member John DeWald admitted violating the state’s conflict of interest law. DeWald used his position to attempt to persuade a town attorney to settle a default foreclosure of property. DeWald agreed to pay a civil penalty of $2,000. DeWald, an attorney, violated G.L. c. 268A, § 17(c) and 23(b)(2) when he contacted Rockland tax title attorney Laura Powers at the request of attorney Sandy Lederman. Lederman, who is a friend of DeWald, represented Ken Crosby whose eight-acre parcel was taken through default foreclosure by the town. According to the Disposition Agreement, in a phone call in January 2005, DeWald introduced himself as the chairman of the Finance Committee and tried to convince Powers to settle the case for back taxes and attorney fees. Powers, who felt pressured by DeWald’s call, declined to do so, stating that the town wanted to keep the land.
Disposition Agreement

The Commission fined former Dunstable Selectman Robert Nelson $2,000 for violating the state’s conflict of interest law, G.L. c. 268A, by participating as a selectman in an affordable housing project on land he was selling to the developer. According to the Disposition Agreement, Nelson had a purchase and sales agreement with Dracut-based developer Frank Gorman to sell to Gorman 3.5 acres of land in Dunstable on which Gorman planned to construct a 30-unit affordable housing apartment building under G.L. c. 40B, the state’s low and moderate income housing law. The sale was contingent on Gorman obtaining a permit for the project. Nelson abstained at selectmen’s meetings but participated in discussing the project with other town officials via email. By recommending that the town’s affordable housing quotas not include accessory apartments, that the fire department’s involvement was not necessary as part of the selectmen’s review and that the Zoning Board of Appeals, rather than selectmen, had responsibility to review the proposal to ensure adherence to state and federal codes as well as by suggesting a specific attorney with 40B experience represent the town’s interests concerning the project, Nelson violated § 19.
Disposition Agreement

The Commission fined Former North Andover Superintendent Harry K. Harutunian $6,000 for violating the state’s conflict of interest law, M.G.L. c. 268A, by improperly creating a part-time custodial job for the son of his girlfriend, directing school custodians to transport the son to and from work and covering up his actions to create the job. According to the Disposition Agreement, in fall 2005, a school department employee became Harutunian’s girlfriend. Her son attended North Andover High School. Harutunian created a position for his girlfriend’s son as a part-time, after-school janitor at the middle school. The position paid $10.50 per hour; the son earned a total of $540 during the 2005-2006 school year. Harutunian instructed custodians to pick up the son at the high school, transport him to the middle school to work and drop him at his home after work. In addition, Harutunian instructed a career counselor at the high school to fabricate and backdate a memo requesting that Harutunian find his girlfriend’s son a job. By creating the job, directing school department employees to provide transportation and by covering up his involvement in the creation of the position and hiring of his girlfriend’s son, Harutunian used his superintendent position to get his girlfriend’s son an unwarranted privilege of substantial value in violation of section 23(b)(2).
Disposition Agreement

Former Maynard Town Accountant Harry Gannon paid a total of $25,000, a $5,000 civil penalty and a $20,000 civil forfeiture, to the Commission for violating section 20 of the state’s conflict of interest law by simultaneously serving as the Executive Director of the Maynard Retirement Board. According to the Disposition Agreement, in 1999 Gannon, serving ex officio as town accountant, participated in the Retirement Board’s actions to create and fund the executive director position. Gannon was appointed executive director of the Maynard Retirement Board in 2000 at a salary of $12,000 per year. Gannon, who became Maynard’s town accountant in 1985, previously administered the program as part of his duties as town accountant and received an extra $3,000 annually for the services he provided. Gannon served as both the paid town accountant and the paid retirement board executive director from September 2000 until December 31, 2002 when he retired as town accountant. He continues to serve as executive director of the Retirement Board. Gannon’s paid appointment as executive director of the retirement board while he was already serving as the town accountant gave him an ongoing prohibited financial interest in a contract made by the town.
Disposition Agreement

The Commission issued a Disposition Agreement in which Ludlow Department of Public Works board member Thomas E. Cislak admitted violating the state’s conflict of interest law and agreed to pay a fine of $5,400, made up of a $3,000 civil penalty and a $2,400 civil forfeiture. According to the Disposition Agreement, Cislak violated G.L. c. 268A, § 17(a) by doing paving work requiring a DPW permit. Cislak’s average profit for such work was $400 per project. By receiving compensation from his clients for paving work that required DPW permits, Cislak received compensation in connection with matters in which Ludlow had an interest.
Disposition Agreement

The Commission fined retired West Barnstable Fire Department Chief John Jenkins $2,000 for participating as fire chief in the bid process for a fire truck refurbishment when he was also a sale representative for Pierce Manufacturing, a Wisconsin-based fire equipment company. According to a Disposition Agreement, in 2004 and 2005, Jenkins participated in drawing up the preliminary bid documents to refurbish a 1985 engine-tanker and recommended that the prudential committee accept the low bid. The local representative for Pierce Manufacturing, Minuteman Fire and Rescue Apparatus (Minuteman) of Walpole, Massachusetts, was awarded the contract. Jenkins also acted as fire department liaison with Minuteman throughout the bid and subsequent refurbishment process. Jenkins, who retired from the fire department in March 2005, two months before the refurbished truck was returned to service, did not earn a commission from Minuteman Fire and Rescue Apparatus or Pierce Manufacturing. By participating as fire chief in the bid and refurbishment process while he was also a sales representative for Pierce Manufacturing, Jenkins violated §23(b)(3). Jenkins could have avoided violating §23(b)(3) by making an advance written disclosure of his relationship with Pierce Manufacturing to his appointing authority, the prudential committee. Jenkins did not make such a disclosure.
Disposition Agreement

The Commission issued a Disposition Agreement in which former Oak Bluffs Zoning Board of Appeals (ZBA) member William Sullivan admitted violating the state’s conflict of interest law by representing clients on six occasions before the ZBA and agreed to pay a civil penalty of $3,000. Sullivan also agreed to forfeit $600, the compensation he had received for work done in relation to matters involving the ZBA. According to the Disposition Agreement, Sullivan, a residential designer, violated G.L. c. 268A, § 17(a) and (c) by representing clients for compensation on six special permits before the ZBA. Sullivan’s actions included answering questions, presenting his plan designs and advocating the granting of special permits.
Disposition Agreement

The Commission issued a Disposition Agreement in which Abington Assessor Paul Zakrzewski admitted violating the state’s conflict of interest law, G.L. c. 268A by participating in matters involving his partner, Roger Woods, also of Abington, and paid a civil penalty of $1,000. According to the Disposition Agreement, Zakrzewski, an elected Assessor, voted to approve four abatement applications filed by Woods. The abatements resulted in first-year tax savings to Woods of over $5,600. At the time of each of these votes, Zakrzewski and Woods were real estate partners, although they were not partners in the properties that were subjects of the abatement applications and Zakrzewski himself had no interest in any of these applications. By participating in the abatement applications of his partner, Zakrzewski violated section 19.
Disposition Agreement

The Commission issued a Disposition Agreement in which Webster Planning Board Chairman Marc Becker admitted violating the state’s conflict of interest law, G.L. c. 268A, by endorsing "Approval Not Required" plans (ANRs) for two properties for which he served as the listing real estate broker. Becker paid a civil penalty of $4,000. According to the Disposition Agreement, in 2003, Becker listed property for sale at 82 Lakeside Avenue. In October 2003, he participated as a Planning Board member in endorsing an ANR plan dividing the property into two lots, which provided Becker with flexibility in marketing the property as either a single lot or two lots. When the property sold in August 2004, as a single lot, Becker received a $9,000 commission. In 2002, while he was the listing agent, Becker participated as a Planning Board member in endorsing an ANR plan dividing property located at Beach Street/Lakeside Avenue/Mohawk Avenue into five lots. When the property sold in October 2002, Becker received a $4,890 commission. By participating in the approval of ANRs at the time he was a listing agent for the property and therefore had a financial interest in the matters, Becker violated G.L. c. 268A, § 19.
Disposition Agreement

The Commission fined Lynn Fire Chief Edward Higgins, Jr. $3,000 for violating the state’s conflict of interest law, G.L. c. 268A, by promoting, supervising and approving overtime for Deborah Darsney. Higgins and Darsney lived together as boyfriend and girlfriend beginning prior to Higgins’ appointment to chief in 2003. They married in November 2005. Section 23(b)(3) of the conflict law prohibits a public official from knowingly or with reason to know acting in a manner which would cause a reasonable person, having knowledge of the relevant circumstances, to conclude that anyone can improperly influence or unduly enjoy the public employee’s favor in the performance of his official duties. By promoting, supervising and approving overtime for Darsney, a person with whom he was living, Higgins violated § 23(b)(3). Higgins could have avoided violating §23(b)(3) by disclosing in writing to the Mayor, his appointing authority, of his relationship with Darsney and the actions he was taking. He did not make such disclosures. Section 19 prohibits a municipal employee from officially participating in matters in which to his knowledge he, his immediate family or a business in which he is serving as a director has a financial interest. By supervising and approving overtime for his spouse, Higgins violated § 19.
Disposition Agreement

The Commission fined Somerville Police Officer Scott Trant $10,600, a $10,000 civil penalty and a $600 reimbursement, for violating the state’s conflict of interest law, G.L. c. 268A, by attempting to purchase property from a person seeking police assistance in connection with the property. Section 23(b)(2) of the conflict of interest law prohibits a public employee from using or attempting to use his position to secure for himself or others an unwarranted privilege of substantial value not properly available to similarly situated individuals. By using his position as a police officer to attempt to purchase property at a reduced price and in a quicker time frame, Trant violated this section of the law.
Disposition Agreement

The Commission issued a Disposition Agreement in which Brian Moore, owner and manager of Kappy’s Liquors of Springfield admitted violating the conflict of interest law by giving gift certificates enclosed in holiday cards totaling approximately $200 to each Springfield Liquor License Commissioner each December from 1999 to 2003. Moore paid a $10,000 civil penalty. In addition, two former Commissioners, Peter Murphy and Gary Van Tassel, were fined $1,000 and $500 respectively for receiving the gift certificates and thus creating an appearance of conflict of interest. According to the Disposition Agreement, Moore gave the gift certificates with the intention that the Commissioners would "come into his store and see that he ran a clean operation." In late November or early December each year, the Commissioners reviewed and approved Kappy’s liquor license renewal. In 2000, despite the return of the gift certificates by one Commissioner with a request not to send such gifts to Commissioners in the future, Moore continued to send gift certificates through 2003. By giving gifts to Commissioners to influence their renewal of his liquor license, Moore provided them with illegal gratuities in violation of § 3. In two separate Disposition Agreements, Murphy and Van Tassel admitted violating G.L. c. 268A, § 23(b)(3). Murphy received gift certificates in 2002 and 2003 and gave them to a charity and to a family member who gave them to a friend and a babysitter. Van Tassel received gift certificates in 2003 and gave them to his wife who gave them to a colleague. The Commissioners could have avoided violating §23(b)(3) by returning the certificates or by making an advance written disclosure of their receipt of the gift certificates prior to voting to renew Kappy’s license. They did not make such disclosures.
Disposition Agreement: Moore
Disposition Agreement: Murphy
Disposition Agreement: Van Tassel

The Commission fined former Springfield Liquor License Commissioner Cheryl Stanley $2,000 for receiving gift certificates from Brian Moore, owner and manager of Kappy’s Liquors of Springfield. In a Disposition Agreement, Stanley admitted violating G.L. c. 268A, § 23(b)(3). Stanley received gift certificates enclosed in holiday cards each year from 1999 through 2003 and gave the gift certificates away. Section 23(b)(3) of the conflict law prohibits a public official from knowingly or with reason to know acting in a manner which would cause a reasonable person, having knowledge of the relevant circumstances, to conclude that anyone can improperly influence or unduly enjoy the public employee’s favor in the performance of her official duties. Stanley could have avoided violating §23(b)(3) by returning the certificates or by making an advance written disclosure of her receipt of the gift certificates prior to voting to renew Kappy’s license. She did not make such disclosures.
Disposition Agreement -

The Commission approved a Disposition Agreement in which former Stoneham Town Moderator Michael H. Rotondi admitted violating G.L. c. 268A, § 19, the state’s conflict of interest law, and agreed to pay a $2,000 fine for participating in a matter in which he had a financial interest. According to the Disposition Agreement, in April 2003, Rotondi, who earned $200 annually as town moderator, sought enrollment in the town pension system. The town retirement board informed him that he did not qualify because he did not earn more than $200. Rotondi then asked the Town Administrator to change a Town Meeting warrant so as to authorize a transfer of $5 from the town moderator’s operational account to the salary account and changed the article on the May 5, 2003 Town Meeting warrant to increase Rotondi’s salary from $200 to $205. Rotondi presided over the Town Meeting as moderator.
Disposition Agreement

The Commission fined former Boston Inspectional Services Department (ISD) Commissioner Kevin Joyce $5,000 for violating the state’s conflict of interest law by demoting, then firing a subordinate when she refused, as Joyce directed, to get two quotes higher than one previously received from a company where a friend of his was employed. During fall 2000, ISD selected Tekinsight.com, Inc. to update the mayorsfoodcourt website operated by ISD. TekInsight assigned its employee Melissa Fetzer, a friend of Joyce, to work on the project. When Joyce learned that the update would not be funded under a citywide contract, he directed Principal Administrative Assistant Julie Fothergill to obtain two quotes higher than $7,900, the amount sought by TekInsight for the update, in order to secure payment for Fetzer and/or TekInsight. In January 2001, after Fothergill did not obtain the quotes Joyce requested, Joyce transferred her to the ISD Legal Division where she was assigned an office with no phone or computer. Later in January, Fothergill notified Joyce through her attorneys that she intended to file a civil suit against Joyce and the City for the demotion. In February 2001, Joyce transferred her out of the ISD Legal Division into the Planning Zoning Division. In May 2001, Joyce terminated Fothergill. By demoting and terminating Fothergill for disobeying his orders to commit illegal actions by getting two quotes higher than the amount sought by TekInsight, rather than on the merits of her work performance, Joyce used his ISD position to obtain an unwarranted privilege in violation of § 23(b)(2). The City of Boston paid Fothergill $240,000 to settle her wrongful termination suit in September 2003. Joyce resigned as ISD Commissioner in April 2004 following the release of a report from the Boston Finance Committee finding Joyce responsible for Fothergill’s wrongful termination, costing the City over $400,000, as well as numerous administrative failures in contract and personnel matters.
Disposition Agreement

The Massachusetts State Ethics Commission fined former Middleborough Assessor Jacob Kulian $10,215 for violating the state’s conflict of interest law, M.G.L. c. 268A, by taking actions that reduced his property taxes. The Commission received $8,000 as a civil penalty; the remaining $2,215 will be reimbursed to the Town of Middleborough for unpaid property tax abatements and reductions Kulian was not entitled to receive. According to the Disposition Agreement, Kulian was an elected Assessor between 1995 and April 2004. During that time, Kulian: directed the Assessor-Appraiser, an employee of the Board of Assessors, to reduce his property assessment in 1997 and 2000 resulting in reductions to his property tax bill totaling $1,401; participated in granting himself a tax abatement in 2004 resulting in a reduction to his property tax bill of $814; and participated in granting himself a statutory exemption based on age and income eligibility that could have resulted in a tax abatement of $500. Section 23(b)(2) of the conflict law prohibits a public employee from using or attempting to use his position to secure for himself or others an unwarranted privilege of substantial value not properly available to similarly situated individuals. By directing the Assessor-Appraiser to reduce his property assessment, Kulian repeatedly used his position to get such an unwarranted privilege. Section 19 prohibits a municipal employee from officially participating in matters in which he has a financial interest. By repeatedly participating in matters involving reductions in his property tax, Kulian participated in matters in which he had a financial interest.
Disposition Agreement

The Massachusetts State Ethics Commission issued a Decision and Order finding that Kingston Selectman Richard Kenney violated § 23(b)(3) of the state’s conflict of interest law, G.L. c. 268A, by asking the Chief of Police to change a ticket for a Kingston resident who Kenney knew and who was then a Town board member. Kenney was ordered to pay a civil penalty of $500. According to the Decision and Order, on May 7, 2001, a Kingston resident, who was at the time a member of the Silver Lake Regional School Committee, was stopped for not having a valid inspection sticker. He was not cited for the sticker infraction, but instead was given a $25 ticket for not wearing his seat belt. At the May 7, 2001 Town Meeting, Kenney told the Chief about the ticket and asked the Chief to change the ticket to a warning. The Chief told Kenney to have the resident call him the next day. The next morning, the resident contacted the Chief. He told the Chief that he had not asked Kenney to intervene on his behalf. The Chief explained the process for contesting the ticket; he did not change the ticket. At the continuation of the Town Meeting on May 8, 2001, Kenney chastised the Chief for having the resident call him if he was not going to do anything about the ticket. The Chief testified at the evidentiary hearing held on December 1, 2004 that he could not change the ticket to a warning because to do so would be “fixing a ticket” which is against the law. Section 23(b)(3) of the conflict law prohibits a public official from acting in a manner which would cause a reasonable person, having knowledge of the relevant circumstances, to conclude that anyone can improperly influence or unduly enjoy the public official’s favor in the performance of his official duties. By asking the Chief to change a ticket to a warning for a fellow Town official that he knew and that he served with on several Town committees, Kenney violated § 23(b)(3).
Decision and Order

The Massachusetts State Ethics Commission issued a Decision and Order concluding the adjudicatory hearing of Lowell City Councilor Chanrithy Uong by finding that Uong violated M.G.L. c. 268A, the state’s conflict of interest law. Uong was ordered to pay a civil penalty of $6,000 and to cease and desist violating the law by relinquishing his Lowell High School (LHS) housemaster position within 30 days. According to the Decision and Order, the Commission found that Uong violated § 20 by, while serving as a city councilor and a LHS guidance counselor, accepting appointment to the housemaster position. Section 20 of the conflict of interest law generally prohibits a municipal official from having a financial interest in a contract made by a municipal agency of the same city or town. An exemption to this section of the law allowed Uong to continue to hold the position of guidance counselor at LHS after his election in 1999 to the city council. The exemption, however, prohibits a municipal employee who is elected to the city council from being eligible for appointment or re-appointment to a new position while he serves on the city council or for six months thereafter. In April 2001, the Commission issued an opinion advising Uong that he could not relinquish his position as guidance counselor and accept a new position as an assistant principal or a principal while continuing to serve as a city councilor. Following the issuance of the opinion, Uong was advised that he could seek a legislative change or appeal the decision to the superior court. Uong did not pursue these options. In March 2002, Uong applied for an LHS housemaster position. Uong won appointment and, in August 2002, began serving as housemaster with a starting salary of $81,033, an increase of about $21,000 over his guidance counselor salary. LHS does not have principals or assistant principals; the housemaster position is the high school equivalent of the position of assistant principal at the middle and elementary schools.
Decision and Order

The Massachusetts State Ethics Commission fined Ruvane E. “Rip” Grossman, a former consultant to the University of Massachusetts Medical School (UMMS), $10,000 for violating the state’s conflict of interest law. Grossman, a Missouri resident, provided intellectual property consulting services to UMMS to help license technologies developed by UMMS. At the same time, he was also consulting for CytRx Corporation, a California intellectual property marketing firm. By bringing UMMS and CytRx together on the licensing matter while he was consulting for both of them, Grossman violated G.L. c. 268A, §§ 4 and 6. According to a Disposition Agreement, Grossman brought UMMS and CytRx together to discuss marketing UMMS’s ribonucleic acid interference (RNAi) technology. RNAi technology is an important life science and therapeutic technology. Grossman participated in the negotiation of a licensing agreement between UMMS and CytRx by attending meetings, making suggestions and discussing the relevant matters as both an agent for CytRx and as a UMMS consultant. At the time Grossman so participated, he had a consulting contract with UMMS for a maximum of $84,000, in addition to a consulting contract with CytRx for $5,000 a month and a “success fee” of at least $150,000. In April 2003, UMMS signed a licensing agreement with CytRx by which CytRx would market the RNAi technology and UMMS would receive $200,000, 1.8 million shares in CytRx stock, royalty payments and other beneficial commitments from CytRx. In May 2003, after senior UMMS officials learned of Grossman’s dual role, UMMS reviewed the licensing agreement. UMMS determined that it would be advantageous to leave the licensing agreement in place but took additional actions including: terminating Grossman’s relationship with UMMS; requiring that Grossman forfeit the success fee of $53,000 and 100,000 shares of CytRx stock valued at $240,000 as of October 2003, when the termination agreement was made; and setting restrictive terms under which CytRx could employee Grossman in the future, ensuring that Grossman would not receive his forfeited commission in the future, not have contact with UMMS about the licenses and not participate in the interpretation of the licenses. Section 4 of the conflict of interest law prohibits a state employee from receiving compensation from or acting on behalf of anyone other than the Commonwealth in connection with any matter in which the Commonwealth is a party or has a direct and substantial interest. Section 6 prohibits a state employee from participating in a particular matter in which he has a financial interest.
Disposition Agreement

The Massachusetts State Ethics Commission concluded public proceedings against former Salem Police Captain Paul R. Murphy by approving a Disposition Agreement in which Murphy admitted violating the state’s conflict of interest law, G.L. c. 268A, by intervening in matters involving his daughter Patricia, also a former Salem police officer. Murphy paid a civil penalty of $6,000. According to the Disposition Agreement, Murphy, who was terminated as a Salem police officer in September 2003 and is appealing the termination with the Civil Service Commission, was second in command after the Chief. Patricia was first a reserve officer and then a permanent patrol officer until her termination in June 2004. She, too, is appealing the termination. Murphy violated § 19 of the conflict of interest law in 2000 by: asking Lt. Mary Butler to obtain medical information that would allow Patricia to attend the police academy in summer 2000; communicating concerns to Lt. Butler and the Chief when Patricia was not allowed to attend the academy; and asking Lt. Butler and the Chief to make an exemption for Patricia that would allow her to attend. Murphy also violated § 19 in 2001 by asking the Chief to defer the decision to appoint three full-time permanent officers until after Patricia attended the spring 2001 police academy in order to maintain Patricia’s seniority over the another appointee, who had previously completed the academy. Finally, Murphy violated § 23(b)(2) in 2002 by obtaining confidential information about a sexual harassment complaint Patricia filed and using it in an attempt to demonstrate to the Chief that Lt. Butler, who served as the department’s sexual harassment officer and reviewed Patricia’s complaint, was biased against Patricia. Section 19 of the conflict of interest law generally prohibits a public employee from officially participating in matters in which an immediate family member has a financial interest. Section 23(b)(2) of the conflict law prohibits a public employee from using or attempting to use his position to obtain for himself or others an unwarranted privilege of substantial value.
Disposition Agreement

The Massachusetts State Ethics Commission fined Shrewsbury Planning Board Member Kevin F. Capalbo $1,000 for participating in matters involving the Park Grove Farm subdivision at the same time that he was seeking $500 from Robert Cole, one of the developers of the subdivision. Capalbo was seeking the $500 for damage that Capalbo’s wife’s car had incurred while in a parking lot owned by Cole. According to a Disposition Agreement, on October 3, 2002, Capalbo’s wife’s car hit a metal pipe in an unpaved parking lot owned by Cole. That evening Capalbo, who had not yet learned of the damage to his wife’s car, voted to approve the Park Grove Farm subdivision, subject to 28 conditions. When Capalbo learned of the damage to the car, $883.38, he sought from Cole reimbursement for the $500 deductible of his insurance policy. Cole declined to pay the deductible and told Capalbo to sue him. A few weeks after this conversation, when Capalbo called to discuss the issue further, Cole agreed to pay the $500 deductible. Capalbo sought payment from Cole in a letter dated November 2, 2002. In the meantime, there had been a number of complaints from neighbors regarding the work being done at the subdivision. Capalbo was aware of these complaints. When Capalbo was unable to reach Cole by phone to inquire as to the payment status, Capalbo visited the Park Grove Farm subdivision to speak with Cole personally. Cole was not at the site. Capalbo asked the foreman to have Cole contact him. Cole paid the $500 deductible on November 19, 2002. According to Cole, he did so because he felt that Capalbo was linking his request for payment to his role as a Planning Board member overseeing the outstanding subdivision issues. Capalbo continued to participate as a Planning Board member in Cole’s subdivision without disclosing his private dealings with Cole. Section 23(b)(3) of the conflict law prohibits a public official from knowingly or with reason to know acting in a manner which would cause a reasonable person, having knowledge of the relevant circumstances, to conclude that anyone can improperly influence or unduly enjoy the public employee’s favor in the performance of his official duties. By continuing to participate as a Planning Board member in matters concerning the Park Grove Farm subdivision while seeking payment for damages to his wife’s car from the subdivision developer, Capalbo violated § 23(b)(3).
Disposition Agreement

Dover Municipal Well Inspector Josef Fryer paid a $2,000 civil penalty to resolve allegations that he violated the state’s conflict of interest law by inspecting wells of Dover Water Company customers. Fryer is a one-third owner, with his siblings, of Dover Water Company, a private family business that supplies water services. According to a Disposition Agreement, Fryer conducted well inspections for an average of two Dover Water Company customers a year who had applied to the Dover Board of Health for permits to dig their own wells. If successful, the applicants would receive water from their own wells and would no longer do business with Dover Water Company. Fryer reviewed well applications, met with the driller to make sure that the actual well placement matched the placement on the application and approved the well if it passed a test for water volume and quality. Section 19 prohibits a municipal employee from officially participating in matters in which he or his immediate family has a financial interest. By participating in well inspections that could result in Dover Water Company losing customers, Fryer participated in matters affecting his family business in violation of § 19.
Disposition Agreement

The Commission issued a Disposition Agreement in which James Byrne, president and co-owner of Whitman-based Construction Monitoring Services, Inc. (CMS), admitted violating the conflict of interest law by offering a ski trip to an Old Rochester Regional School District employee to influence the employee’s reports regarding CMS. Byrne paid a $2,000 civil penalty. According to the Disposition Agreement, CMS planned a ski outing in winter 2002 for its employees that included weekend accommodations, lift tickets and ski lessons. Byrne offered to pay for Steven Shiraka, facilities and grounds manager of the school district, and his family to go on the ski weekend. The cost of the weekend was approximately $500. As facilities and grounds manager, Shiraka was responsible for overseeing CMS work. He had also made at least two negative reports to the superintendent regarding CMS’ performance on a project to expand the junior-senior high school of the district. In offering the ski trip, Byrne intended to influence Shiraka as to the tenor and substance of Shiraka’s future reports as to CMS’ job performance. Shiraka rejected the offer.
Disposition Agreement

The Commission issued a Disposition Agreement in which former Rockland selectman John R. Llewellyn admitted violating M.G.L. c. 268A, the state’s conflict of interest law, and agreed to resign his position as deputy chief in the Rockland Police Department. Llewellyn also paid a civil penalty of $2,000. According to the Disposition Agreement, Llewellyn served as a Rockland police officer since 1988 and was promoted to patrol sergeant in 1997. In 1999, he was elected to the board of selectmen. Section 20 of the conflict of interest law generally prohibits a municipal official from having a financial interest in a contract made by a municipal agency of the same city or town. An exemption to this section of the law allowed Llewellyn to continue to hold the position of police sergeant after his election in 1999 to the board of selectmen. The exemption, however, prohibits a municipal employee who is elected to the board of selectmen from being eligible for appointment or re-appointment to a new position while he serves on the board or for six months thereafter. In September 2004, Llewellyn received advice from the Commission that he could not accept a promotion to a new position, such as deputy chief, while continuing to serve as a selectman or for six months thereafter. In December 2004, the police chief offered Llewellyn the deputy chief position. Llewellyn accepted the job as of January 2005 and sought to resign from the board of selectmen. When he learned of the costs involved for holding a special election to fill a selectman vacancy, Llewellyn decided to stay on the Board until April 2005, when the next election was scheduled to occur.
Disposition Agreement

The Massachusetts State Ethics Commission fined Old Rochester Regional School District Manager of Facilities and Grounds Stephen V. Shiraka $1,000 for advising the Mattapoisett School Building Committee on its supervision of Turner Construction Company (Turner) while he was being paid privately by Turner. According to a Disposition Agreement, Shiraka was responsible for supervising all new construction projects in the school district, which consists of Marion, Mattapoisett and Rochester. In December 2000, Mattapoisett retained Turner to serve as project manager on the modernization and expansion of its two elementary schools. Shiraka attended weekly progress meetings, performed site visits and advised School District and Mattapoisett officials on Turner’s management of the project. Between October 2001 and January 2002, Shiraka was paid more than $1,100 by Turner for reviewing documents in connection with Turner projects in other school districts. In summer 2002, Turner hired Shiraka to serve as a paid consultant on the renovation of the Dennis-Yarmouth Regional High School construction project. Shiraka was paid a retainer of $3,000 per month. In spring 2003, when the Commission began to review this matter, Shiraka and Turner suspended the consulting arrangement. By advising Mattapoisett on its supervision of Turner while being paid privately by Turner, Shiraka violated §23(b)(3). Shiraka could have avoided violating §23(b)(3) of the conflict law by making an advance written disclosure to his appointing authority of the facts that would otherwise lead to such a conclusion. While Shiraka orally apprised his supervisors and other public officials of his work for Turner, Shiraka did not file a written disclosure.
Disposition Agreement

The Massachusetts State Ethics Commission fined Greenfield Montague Transportation Area (GMTA) General Manager Thomas Chilik $2,000 for his involvement in various personnel matters affecting a GMTA employee, Kathleen Williams, whom he was dating at the time and later married. According to a Disposition Agreement, Chilik’s responsibilities included participating in personnel matters affecting his subordinate GMTA employees. Chilik and Williams began dating exclusively in 1999 and were married on June 9, 2003. While they were dating, Chilik reviewed and approved Williams’ pay increases, authorized her to attend out-of-state conferences that he also attended and promoted her in 1999 from administrative assistant to GMTA office manager. In addition, he was her day-to-day supervisor. The GMTA trustees were aware of Chilik’s involvement in personnel matters affecting Williams and considered them appropriate. They were not aware, however, of the personal relationship between Chilik and Williams until they were notified in 2003 about Chilik and Williams’ wedding plans. At that point, the trustees put appropriate safeguards into place to ensure Chilik’s compliance with the conflict of interest law. By his involvement in personnel matters affecting Williams, Chilik violated §23(b)(3). Chilik could have avoided violating §23(b)(3) by making an advance written disclosure of their relationship to his appointing authority, the GMTA trustees.
Disposition Agreement

The Massachusetts State Ethics Commission fined Ludlow Department of Public Works (DPW) Commission Chairman Thomas Haluch $3,500 for using his position to settle a private dispute with the Massachusetts Municipal Wholesale Electric Company (MMWEC). According to a Disposition Agreement, in June 2002 MMWEC began construction of a $10 million 5.6-mile long gas pipeline in Ludlow that ran through approximately 45 public and private properties including Haluch’s. The DPW issued permits to MMWEC for the pipeline and was responsible for general oversight of the pipeline. MMWEC negotiated with private property owners for access to their properties in order to lay the pipe. Haluch has a working farm in Ludlow that was impacted by the pipeline and MMWEC paid Haluch for the use of his property to lay the pipe, with the understanding that MMWEC restore Haluch’s property to its original condition. After MMWEC installed the pipeline, it began restoring Haluch’s property. Haluch was dissatisfied with the restoration work performed by MMWEC and offered to do the restoration work himself in exchange for a certain payment from MMWEC. Haluch’s offer was several thousand dollars more than MMWEC’s, which was based on a preliminary field evaluation. During several discussions about the restoration with MMWEC, Haluch referred to his DPW position and stated that he wielded power and influence in the town, that he would make sure the pipeline’s bonds were not released, and that he could shut down the pipeline. MMWEC officials decided to give Haluch the payment he requested to resolve the matter. By invoking his official position as DPW Commissioner and threatening to use that position to take various actions including shutting down the pipeline, Haluch violated §23(b)(2).
Disposition Agreement

The Commission found that former Upton Technology Committee member Paul Pathiakis violated M.G.L. c. 268A, the state’s conflict law. Pathiakis was ordered to pay a total civil penalty of $4,000. According to the Decision and Order, the Commission found that Pathiakis violated §19 by participating as a Technology Committee member in awarding a contract, in which he was a subcontractor, to provide computer services to the town and §20 by having a financial interest in a contract with the town. The Commission imposed the maximum fine of $2,000 for each violation. While the conflict of interest law provides exemptions that could have allowed Pathiakis to arrange for the contract and to receive compensation for the work he did, the Commission found that Pathiakis did not take the necessary steps to receive the proper exemptions from the Board of Selectmen.
Decision and Order

The Commission fined Hardwick Board of Health member Thomas Collett $1,000 for using his position to attempt to influence The Alliance for the Homeless to use the services of his private water testing company, Tri-S Water Service. According to the Disposition Agreement, in 2002, The Alliance for the Homeless, a non-profit organization, began renting property in Hardwick with the intent of running a camp for children in summer 2003. The Board of Health regulates the water system of the camp. In September 2002, Collett drove to the camp in a town truck, identified himself as a Board of Health member to the camp’s director and presented a proposed contract to provide the camp with water services at a monthly rate of $866. Collett also pointed to a water pipe that, in his view, needed to be replaced and quoted a price of approximately $8,000 to replace it. Collett subsequently submitted a vendor application to the Alliance Board of Directors. In November 2002, Collett was notified that the Alliance would not be retaining Tri-S’s services. By invoking his official position as a BOH member in an attempt to influence the Alliance to hire Tri-S Water Service, Collett violated §23(b)(2).
Disposition Agreement

The Commission fined former Norfolk Building Commissioner Paul Coelho, a Plainville resident, $3,000 for violating M.G.L. c. 268A, the conflict of interest law. According to the Disposition Agreement, Coelho violated § 19 of the law by participating as building commissioner in connection with matters in which Intoccia Construction, Inc. of Foxboro had a financial interest. At the time of his participation, Coelho had an arrangement to work for Intoccia Construction after he left town employment. Coelho also violated §18 of the law by acting as an agent for Intoccia Construction after he left town employment in connection with matters in which he participated as a building commissioner.
Disposition Agreement

Stow Planning Board member Donald G. McPherson was fined $2,000 for violating the state’s conflict of interest law by advocating for a bylaw to create an overlay district for senior housing. McPherson knew the bylaw would make property he was trying to sell more valuable to potential buyers. McPherson owns 125 acres of industrially zoned land in Stow. After an informal town group known as the Housing Coalition submitted a proposed bylaw to create affordable housing for seniors, McPherson filed a disclosure with the town clerk in fall 2001 stating that he would not participate in the Board’s action on the bylaw. According to the Disposition Agreement,“notwithstanding his disclosure,” McPherson advocated in favor of the bylaw at the December 6, 2001 and January 15, 2002 Planning Board meetings. Town Meeting approved the bylaw in June 2002. By significantly involving himself as a Board member in the discussion regarding the bylaw at a time when he had a fi

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SUMMARIES OF ENFORCEMENT ACTIONS