In the Matter of Anthony Giannino
December 11, 2007
This Disposition Agreement is entered into between the State Ethics Commission and Anthony Giannino pursuant to Section 5 of the Commission's Enforcement Procedures. This Agreement constitutes a consented-to final order enforceable in Superior Court, pursuant to G.L. c. 268B, s. 4(j).
On July 25, 2006 and December 13, 2006, the Commission initiated, pursuant to G.L. c. 268B, s. 4(a), a preliminary inquiry into possible violations of the conflict of interest law, G.L. c. 268A, by Giannino. The Commission has concluded its inquiry and, on April 25, 2007, found reasonable cause to believe that Giannino violated G.L. c. 268A.
The Commission and Giannino now agree to the following findings of fact and conclusions of law:
Findings of Fact
1. Giannino is employed by the City of Revere Department of Public Works (DPW) as a drain department foreman.
2. Randy Adamson is employed by the DPW as a sewer foreman.
3. Joseph Maglione is the DPW Water and Sewer Enterprise Fund General Foreman.
4. As DPW employees, Giannino and Adamson were responsible for installing and repairing the city's sewer and storm main lines.
5. The DPW does not install or maintain the private connections between the City's main water and sewer lines and residential or business properties. Work on such service lines is handled by private contractors. The City maintains a list of approximately a dozen licensed, bonded drain layers who are authorized to do work in the City. Neither Adamson nor Giannino is a licensed drain layer.
6. In Revere, a street opening permit is necessary whenever a contractor performs work in a public way. Repairing or installing a sewer or water service line usually requires a street opening permit issued by the DPW. In order to obtain such a permit, a contractor must be on the list of licensed drain layers. Street opening permits cost $200. Before a drain-laying project requiring a permit is complete, it must be inspected by the DPW.
7. Maglione is responsible for inspecting sewer and water work performed under permit in the City.
8. From 2002 until March of 2006, Adamson and Giannino performed approximately 25 private water and/or sewer service projects in the City. The projects usually consisted of either 1) repairs to residential or business sewer or water lines, or 2) installation of new water and sewer lines. Most of these projects required permits: on a few occasions, the permit was obtained through a licensed contractor; on other occasions, no permit was sought.
9. Adamson and Giannino were privately compensated for the private drain-laying work they did in the City.
10. Adamson and Giannino testified that, in 2002, Maglione approached them and asked for $200-250 for every new water and/or sewer service installation that Adamson and Giannino privately performed. Adamson and Giannino testified that during the period of approximately 2002 through summer 2005, they gave Maglione a total of $3,000-4,000 regarding these installations.
Conclusions of Law
Chapter 268A, s. 2(a)
11. Section 2(a) of G.L. c. 268A, in relevant part, prohibits anyone from corruptly giving anything of value to a municipal employee with intent to influence any official act or act within his official responsibility.
12. As noted above, Giannino and Adamson repeatedly gave Maglione payments of $200-250 for every new water and/or sewer service installation that Giannino and Adamson privately performed.
13. During the period of approximately 2002 through summer 2005, Giannino and Adamson gave Maglione approximately $3,000-4,000 in such payments.
14. Giannino and Adamson gave these payments with the corrupt intent of influencing Maglione in the performance of his official acts and/or acts within his responsibility as DPW Water and Sewer Enterprise Fund General Foreman regarding the above-described private water and/or sewer service line work. Those acts included but were not limited to allowing work to go forward despite Adamson and Giannino's not being licensed and/or lacking permits; overlooking conflict-of-interest issues raised by Adamson and Giannino's private work; expediting or not requiring the approval process regarding adherence to building codes; and/or other preferential decisions in Giannino and Adamson's favor concerning city water and/or sewer matters.
15. Thus, by corruptly giving Maglione money in return for official acts and/or acts within his responsibility as DPW Water and Sewer Enterprise Fund General Foreman regarding the private work, Giannino repeatedly violated s. 2(a).
Chapter 268A, s. 17(a)
20. Section 17 (a) of G.L. c. 268A prohibits municipal employees from otherwise than as provided by law for proper discharge of official duties directly or indirectly receiving or requesting compensation from anyone other than their city, town or municipal agency in relation to a particular matter in which the same city or town is a party or has a direct and substantial interest.
21. Giannino received compensation for private water and sewer service line work he performed in the City.
22. The decisions to issue City permits for water and sewer service line work and the inspections pursuant to those permits are particular matters.
23. The compensation Giannino received for performing water and sewer service line work was in relation to particular matters in which the City had a direct and substantial interest.
24. Giannino's receipt of private compensation for work he performed privately was not as provided by law for the proper discharge of his official duties.
25. Therefore, on each occasion he received private compensation in relation to particular matters in which the City had a direct and substantial interest, Giannino violated s. 17(a).
In view of the foregoing violation of G.L. c. 268A by Giannino, the Commission has determined that the public interest would be served by the disposition of this matter without further enforcement proceedings, on the basis of the following terms and conditions agreed to by Giannino:
(1) that Giannino pay to the Commission the sum of $8,000 as a civil penalty for repeatedly violating G.L. c. 268A, sections 2(a) and 17(a); and
(2) that Giannino waive all rights to contest the findings of fact, conclusions of law and terms and conditions contained in this Agreement in this or any other related administrative or judicial proceedings to which the Commission is or may be a party.
STATE ETHICS COMMISSION
David Wilson, Acting Executive Director
Dated: December 10, 2007
Dated: October 30, 2007
I, Anthony Giannino, have personally read the above Disposition Agreement. I understand that it is a public document and that by signing it, I will have agreed to all of the terms and conditions therein including payment of $8,000.00 to the State Ethics Commission.
Dated: October 30, 2007