Docket: 695
Parties: IN THE MATTER OF DAVID BUNKER
Date: December 18, 2003

DISPOSITION AGREEMENT

This Disposition Agreement is entered into between the State

Ethics Commission and David Bunker 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 November 12, 2003, 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

Bunker. The Commission has concluded its inquiry and, on December

16, 2003, found reasonable cause to believe that Bunker violated

G.L. c. 268A, s. 23(b)(2).

The Commission and Bunker now agree to the following findings

of fact and conclusions of law:

Findings of Fact

1. Between January 2001 and January 2003, Bunker was a state

representative from Rutland.

2. A member of the general court is entitled to receive a per

diem allowance for each day that the member is present at the State

House in the performance of his duties. Bunker's per diem allowance

based on his residence in Rutland was $36.[1]

3. In mid-July 2002, Bunker became sick with mononucleosis.

While he was ill, Bunker was at the State House only on infrequent

occasions. Bunker requested and received, however, per diem

allowances for three to four days a week during the period of

mid-July 2002 to mid-September 2002.

4. Bunker acknowledges that he was not entitled to

approximately 30 per diem allowances paid to him during this

period.[2]

Conclusions of Law

5. Section 23(b)(2) prohibits public employees from, knowingly

or with reason to know, using or attempting to use their official

position to secure for themselves or others unwarranted privileges

or exemptions of substantial value not properly available to

similarly situated individuals.

6. As a state representative, Bunker was a state employee

pursuant to G.L. c. 268A, s. 1.

7. By certifying as a state representative to the state

treasurer that he was present at the State House, Bunker used his

state representative position to secure his per diem allowance.

8. Approximately 30 of the per diems Bunker received were an

unwarranted privilege because he was not present at the State House

on those days as required by G.L. c. 3, s. 9B.

9. At $36 per day, 30 per diems totaled $1,080. Therefore,

the privilege was of substantial value.

10. The privilege, which Bunker received, is not properly

available to other members of the legislature as it is contrary to

state law.

11. Thus, by receiving $50 or more in travel per diems for

days in which he was not present at the State House, Bunker

knowingly used his state representative position to obtain an

unwarranted privilege of substantial value not properly available

to other similarly situated individuals in violation of s.23(b)(2).

Resolution

In view of the foregoing violation of G.L. c. 268A by Bunker,

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 Bunker:

(1) that Bunker pay to the Commission the sum of $2,000 as a

civil penalty for violating G.L. c. 268A, s. 23(b)(2);

(2) that Bunker reimburse the Commonwealth of Massachusetts

the sum of $1,080 as a civil forfeiture for the per diem

allowances that he was not entitled to receive; and

(3) that he 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

By:

/s/Peter Sturges, Executive Director

Dated: December 18, 2003

/s/David Bunker

Dated: December 9, 2003

I, David Bunker, 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 $2,000 to the State Ethics Commission

and $1,080 to the Commonwealth of Massachusetts.

/s/David Bunker

----------------------

[1] G.L. c. 3, s. 9B provides that Legislators are entitled to

a $7,200 annual payment for expenses. In addition, a "member of

the general court who lives in . . . Rutland . . . shall receive a

per diem allowance for mileage, meals and lodgings of thirty-six

dollars per day . . ." Legislators are entitled to the per diem

allowance whether the Legislature is in session or prorogued "upon

certification to the state treasurer that he was present at the

state house."

[2] According to Bunker, he was present at the State House on

some occasions while he was ill. During this period, however, he

acknowledges that he did not, due to his illness and fatigue,

maintain accurate records of his schedule and can not now determine

exactly how many days he was present at the State House.

End Of Decision