Docket No.: 220


Date: September 12, 1983


This Agreement is entered into between the State Ethics
Commission ("Commission") and Elizabeth Buckley ("Ms. Buckley")
pursuant to Section 11 of the Commission's Enforcement Procedures.
This Agreement constitutes a consented to final Commission order
enforceable in the Superior Court pursuant to G.L. c. 268B, s.4(d).

On May 5, 1983, the Commission initiated a Preliminary Inquiry
pursuant to G.L. c. 268B, s.4(a), into possible violations of the
conflict of interest law, G.L. c. 268A, involving Ms. Buckley,
former vacancy coordinator for the City of Boston's ("City")
Neighborhood Business Program. The Commission has concluded that
Preliminary Inquiry and, on July 19, 1983, found reasonable cause
to believe that Ms. Buckley violated s.23 (para. 2) (2).

Page 158

The parties now agree to the following findings of fact and
conclusions of law:

1. Ms. Buckley was the vacancy coordinator for the City's
Neighborhood Business Program from July 5,1978 to December 30,1981.

2. In April and May of 1980, Ms. Buckley wrote a series of
letters on city stationery to an elderly tenant who rented an
apartment from Ms. Buckley. In the first letter, dated April
14,1980 and written on City Neighborhood Business Program
stationery, Ms. Buckley advised the tenant that her apartment had
been decontrolled and her rent raised. The second letter, dated May
1, 1980, advised the tenant that her rent check had been rejected
because the amount of the check did not cover the recent rent
increase. This letter was written on Mayor's Office of Housing
stationery which she obtained from the office of her son, who was
head of the Office of Housing at the time. The third letter, dated
May 13,1980, was an itemized bill for the rent allegedly past due;
and was also written on City stationery.

3. On November 10, 1982, in an eviction proceeding between Ms.
Buckley and the tenant, the City Rent Control Administration found
that Ms. Buckley's use of City stationery was an attempt to
intimidate the tenant.

4. Section 23 (para. 2) (2) of G.L, c. 268A prohibits a public
employee from using her official position to secure unwarranted
privileges for herself.

5. By using City stationery to further her own private
interests, Ms. Buckley violated G.L. c., 268A, s.23 (para. 2) (2).

In view of the foregoing violation of G.L. c. 268A, s.23
(para. 2) (2), 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 Ms. Buckley:

1. that she pay to the Commission the sum of $500.00 as a
civil penalty for violating G.L. c. 268A, s.23 (para. 2) (2);

2. that she in the future refrain from using any public
position to further her private interests; and

3. that she waive all rights to contest the findings of fact,
conclusions of law and terms and conditions contained in the
agreement or any related administrative or judicial proceeding to
which the Commission is a party.

End Of Decision