Docket No.: 291

Doc. Type: Agreements


Date: June 18, 1985


Page 245

This disposition agreement (Agreement) is entered into between
the State Ethics Commission (Commission) and Dennis Flynn (Mr.
Flynn) pursuant to s. 11 of the Commission's Enforcement
Procedures. This Agreement constitutes a consented to final
Commission order enforceable in Superior Court pursuant to G.L. c.
268B, s. 4(d).

On May 28, 1985, the Commission initiated a preliminary
inquiry pursuant to the conflict of interest law, G.L. c. 268A,
involving Mr. Flynn, an employee of the Boston Fire Department.
The Commission concluded its inquiry on June 18, 1985, finding
reasonable cause to believe that Mr. Flynn violated G.L. c. 268A,
s. 23(par. 2)(2). The parties now agree to the following findings
of fact and conclusions of law:

1. Mr. Flynn has been a member of the Boston Fire Department
(fire department) since 1971. As a fire department employee, Mr.
Flynn is a municipal employee within the meaning of G.L. c. 268A,
s. 1(n).

2. Since January, 1984, Mr. Flynn has been the acting
supervisor of maintenance for the fire department. As acting
maintenance supervisor, Mr. Flynn is responsible for all fire
department equipment, including all motor vehicles used by the
maintenance department.

3. Mr. Flynn owns a summer home in the Pocasset section of
Bourne, Massachusetts.

4. On six occasions from mid-March to early April, 1985, Mr.
Flynn drove a fire department vehicle assigned to the maintenance
department (a tow truck, pick-up truck or automobile) from Boston
to his Pocasset home and back (approximately 120 miles), using fire
department gasoline or diesel fuel. On each occasion, Mr. Flynn
went to his Pocasset home on personal business which was unrelated
to his duties with the fire department.

5. Fire department regulations prohibit the use of fire
department vehicles for personal business.

6. The economic value of Mr. Flynn being able to use these
city vehicles for the above-described private purposes was
approximately $500.

7. General Laws c. 268A, s. 23(par. 2)(2) provides in
pertinent part that a municipal employee may not use or attempt to
use his official position to secure unwarranted privileges or
exemptions for himself. By using fire department vehicles for his
personal business, Mr. Flynn violated s. 23(par. 2)(2).

WHEREFORE, 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
agreed to by Mr. Flynn:

1. that he cease and desist from using any fire department
vehicles or other property for his personal purposes;

2. that he forfeit the economic advantage he derived from
violating s. 23 by paying to the City of Boston the sum of $500;

3. that he pay to the State Ethics Commission the amount of
$500 as a civil penalty for violating G.L. c. 268A, s. 23(par.

End Of Decision