Case No.: 119

Doc. Type: Agreements

Parties: IN THE MATTER OF FREDERICK HANNA

Date: February 13, 1980

DISPOSITION AGREEMENT


This Agreement is entered into between the State Ethics
Commission ("Commission") and Frederick Hanna ("Mr. Hanna"),
pursuant to Section 11 of the Commission's Procedures Covering the
Initiation and Conduct of Preliminary Inquiries and Investigations.

On September 7, 1979, the Commission, pursuant to Section 4(a)
of General Laws, Chapter 268A, initiated a Preliminary Inquiry into
possible violations of the Conflict of Interest Law, General Laws
Chapter 268A, involving Mr. Hanna, a State Inspector for the
Massachusetts Department of Public Health, Division of Food and
Drug. In particular, the Inquiry focused on Mr. Hanna's ownership
of two private enterprises which did business with businesses
regulated by the Division of Food and Drug.

The Commission has concluded its investigation into Mr.
Hanna's involvement in the matters set forth herein and has made
the following findings to which the parties hereto agree:

1. Frederick Hanna has been an employee of the Department of
Public Health, Division of Food and Drug since 1964, and currently
holds the position of Senior Food and Drug Inspector, assigned to
the Seafood Inspection Section. Mr. Hanna has held this position
since 1975, and is responsible for conducting and/or supervising
all inspections of seafood, and wholesale and retail businesses
dealing in seafood products, in the Greater Boston area.

2. Frederick Hanna and his spouse are the principal owners of
General Foods and Baking Company, which was located in Quincy,
Mass. from September 1976 through August 1978. During this period,
the General Foods and Baking Company produced and marketed baked
stuffed clams as its primary product. During this period, General
Foods and Baking Company purchased raw seafood products from 4
seafood wholesalers in the Greater Boston area and after
processing, sold its baked stuffed clam product to 8 seafood
wholesalers and retailers in the Greater Boston area.

3. Between September 1976 and August 1978, Frederick Hanna,
in his official capacity as a Senior Seafood Inspector for the
Division of Food and Drug, personally conducted and/or supervised
over 60 separate inspections of the 12 seafood wholesalers and
retailers in the Greater Boston area, with which his company did

business.

4. Mr. Hanna's participation as a state employee in the
inspection of businesses from which General Foods and Baking
Company purchased or to which it sold seafood products constituted
civil violations of Section 6 of General Laws, Chapter 268A.

5. Mr. Hanna's conduct, in engaging in a private enterprise
which produced and marketed products which he was responsible for
inspecting, and which sold those products to businesses which he
was responsible for inspecting and regulating, constituted a civil
violation of Section 23(e) of General Laws Chapter 268A, in that
it created a reasonable basis for the impression that businesses
with which he did business in his private capacity could unduly
enjoy his favor in the performance of his official duties.

6. In addition to their financial interest in General Foods
and Baking, Frederick Hanna and his spouse are principal owners and
operators of Hanna Construction Company of Dedham, MA. Since 1958,
the Hanna Construction Company has been primarily engaged in the
business of snow removal.

7. During the period from December 1974, through March 1979,
the Hanna Construction Company contracted to plow parking lots of
4 large retail supermarket chain stores in the Greater Boston area.
During the same period in which Mr. Hanna's construction company
was providing snow removal services for these supermarkets, Mr.
Hanna in his capacity as a Senior Seafood Inspector for the
Division of Food and Drug, personally conducted and/or supervised
over 20 separate inspections of the businesses with which his
company did business.

8. Mr. Hanna's participation as a state employee in the
inspections of businesses with which Hanna Construction Company had
snow removal contracts constituted civil violations of Section 6
of General Laws Chapter 268A.

9. Mr. Hanna's conduct, in engaging in a private enterprise
which contracted to provide

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snow removal services for those businesses he is responsible for
inspecting and regulating, constituted a civil violation of
Section 23(e) of General Laws, Chapter 268A, in that it created a
reasonable basis for the impression that businesses with which he
did business in his private capacity could unduly enjoy his favor
in the performance of his official duties.


10. During March of 1975, a Health Inspector for the City of
Boston conducted a sanitary inspection of the Near East Baking
Company of West Roxbury. The City Inspector reported that the
bakery was in poor sanitary condition and recommended that the
bakery be closed until all identified code violations were
corrected.


11. On March 27, 1975, Mr. Hanna contacted the above mentioned
Boston Health Inspector, advised him that he was a State Food and
Drug Inspector, and further advised him that he had a financial
interest in Near East Baking Company and demanded that the City
Inspector change his inspection report to reflect more favorably

the sanitary condition of the bakery. The City Inspector refused
Mr. Hanna's request and no changes were made in the inspection
report.


12. Mr. Hanna's conduct as set forth in paragraph 11 above,
constituted a civil violation of Section 23(d) of General Laws,
Chapter 268A, in that he attempted to use his official position as
a State Food and Drug Inspector to secure an unwarranted privilege
for himself and the Near East Baking Company.


The State Ethics 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
conditions hereby agreed to by Frederick Hanna:


1. That he voluntarily terminate his employment with the
Department of Public Health, Division of Food and Drug within 90
days of the execution of this Agreement;


2.That he pay to the State Ethics Commission the amount of
$6,500 as civil penalty for his conduct as outlined above pursuant
to the terms and conditions agreed by the parties; and


3. That he waive all rights to contest the findings of fact,
conclusions of law and terms and conditions imposed under this
Agreement, in this or any related civil proceeding in which the
State Ethics Commission is a party.

End Of Decision