October 4, 2012

DISPOSITION AGREEMENT

 

The State Ethics Commission (“Commission”) and Eugene Doherty (“Doherty”) enter into this Disposition Agreement pursuant to Section 5 of the Commission’s Enforcement Procedures.  This Agreement constitutes a consented-to final order enforceable in the Superior Court, pursuant to G.L. c. 268B, § 4(j). 

On December 16, 2011, the Commission initiated, pursuant to G.L. c. 268B, § 4(a), a preliminary inquiry into possible violations of the conflict of interest law, G.L. c. 268A, by Doherty.  The Commission has concluded its inquiry and, on July 20, 2012, found reasonable cause to believe that Doherty violated G.L. c. 268A.

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

 

FINDINGS OF FACT

 

1.  Doherty has been employed as the City of Revere Fire Chief since March 2001. 

2.  Cataldo Ambulance Service, Inc. (“Cataldo Ambulance”) is the primary emergency medical services (“EMS”) provider to the City of Revere (the “City”) pursuant to a contract 
      with the City. 

3.  The City’s Fire Department’s support is an important consideration in the awarding of the City’s EMS contract.

4.  In early summer 2010, the City’s EMS contract was up for renewal.  In June 2010, Doherty, along with the mayor, purchasing agent, and auditor, signed the contract 
      awarding the City’s EMS business to Cataldo Ambulance.

5.  In or about around November 2010, Cataldo Ambulance gave Doherty two Boston Bruins premium club tickets that Doherty gave to his son and his son’s friend to attend 
     the game.

6.  These Boston Bruins tickets Doherty received were worth approximately a total of $350.

7.  In May 2011, Cataldo Ambulance gave Doherty two Boston Bruins premium club Stanley Cup playoff tickets that Doherty used to attend the May 23, 2011 game.

8.  The premium club Stanley Cup playoff tickets Doherty received were worth a total of approximately $600.

9.  Doherty knew or had reason to know that Cataldo Ambulance gave him the tickets because of Doherty’s official position as fire chief.

 

CONCLUSIONS OF LAW

 

10.  Section 23(b)(2)(i) of G.L. c. 268A prohibits a municipal employee from, knowingly, or with reason to know, soliciting or receiving anything of substantial value for such 
       officer or employee, which is not otherwise authorized by statute or regulation, for or because of the officer or employee's official position.

11.  As the City’s fire chief, Doherty is a municipal employee as defined by G.L. c. 268A, § 1.

12.  Doherty received two Boston Bruins premium club tickets and two premium club Stanley Cup playoff tickets from Cataldo Ambulance.

13.  The two sets of tickets were of substantial value as they were worth approximately $350 and $600, respectively.[1]  

14.  The receipt of the tickets was not authorized by statute or regulation.

15.  The tickets were received by Doherty from Cataldo Ambulance because of Doherty’s official position as the City’s fire chief.

16.  When he received these tickets from Cataldo Ambulance, Doherty knew or had reason to know they were given to him because of his official position as the City’s fire 
        chief.   

17.  Therefore, by so receiving these four Boston Bruins tickets from Cataldo Ambulance, Doherty, knowingly, or with reason to know, received something of substantial value 
        for himself, which was not otherwise authorized by statute or regulation, for or because of his official position, in violation of § 23(b)(2)(i).

 

In view of the foregoing violations of G.L. c. 268A by Doherty, the Commission has determined that the public interest would be served by the disposition of this matter without further enforcement proceedings, based on the following terms and conditions agreed to by Doherty:

  1. that Doherty pay to the Commonwealth of Massachusetts, with such payment delivered to the  Commission, the sum of $3,000 as a civil penalty for  repeatedly violating G.L. c. 268A, § 23(b)(2)(i); and
  2. that Doherty waive all rights to contest, in this or any other administrative or judicial proceeding to which the Commission is or may be a party, the findings of fact, conclusions of law and terms and conditions contained in this Agreement.

 

STATE ETHICS COMMISSION

 

 

  //signed//                            10/4/12  
Karen L. Nober                   Date
Executive Director

 

  //signed//                           8/23/12
Eugene Doherty                 Date

 

 

I, Eugene Doherty, 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 $3,000 to the Commonwealth of Massachusetts, with such payment delivered to the State Ethics Commission.  

 

  //signed//                        8/23/12  
Eugene Doherty              Date



[1]The Commission has established a $50.00 threshold to determine “substantial value.”  930 CMR 5.05.