Docket No. 265


Date: September 11, 1984


This Disposition Agreement (Agreement) is entered into between
the State Ethics Commission (Commission) and Thomas Joy (Mr. Joy)
pursuant to section 11 of the Commission's Enforcement Procedures.
The Agreement constitutes a consented to final order of the
Commission enforceable in superior court under G.L. c. 268B,

On March 12, 1984, the Commission initiated a preliminary
inquiry into possible violations of G.L. c. 268A by Mr. Joy, chief
building inspector for the city of Malden. The Commission concluded
that preliminary inquiry and, on August 14, 1984, found reasonable
cause to believe that Mr. Joy had violated c. 268A.

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

Page 192

1. Mr. Joy is chief building inspector for the city of Malden.
As such, he is a municipal employee, as that term is defined in
G.L. c. 268A, s.1(g).

2. Domenic Cibene (Mr. Cibene) worked for Mr. Joy as an
assistant building inspector from July 1982 until March 1983. At
or about this same time, Mr. Cibene also owned and operated a
construction company, Scorpio Construction, that primarily dealt
in real estate investment and development.

3. On October 27,1982, Mr. Cibene, acting for himself and Mr.
Joy, signed a purchase and sale agreement to purchase a piece of
property in Malden for $38,000,

4. The property was conveyed on December 31, 1982, and four
months later resold at a net profit of $14,000. Mr. Joy and Mr.
Cibene equally divided that profit.

5. During this same period of time, Mr. Joy and Mr. Cibene
entered into another partnership arrangement to purchase a second
piece of property in Malden.

6. This property was sold on March 27, 1983, again at a profit
of approximately $14,000. Mr. Joy and Mr. Cibene also equally
divided that profit.

7. In both ventures, Mr. Cibene made the full down-payment and
used only his own financial information in securing the financing
for the properties.

8. At or about the time Mr. Joy and Mr. Cibene were involved in
the real estate ventures, Mr. Cibene gave Mr. Joy a short term, no
interest loan in the amount of $2,000.

9. Mr. Joy, as the building inspector, also inspected Mr.
Cibene's private construction work at a time when or soon after Mr.
Cibene engaged in these private business relationships.

10. General Laws c. 268A, s.23(paragraph 2)(3) prohibits a
public employee, as Mr. Joy, from giving reasonable basis for the
impression that any person can unduly enjoy his favor in the
performance of his official duties. By entering into private real
estate transactions with and accepting a loan from Mr. Cibene, Mr.
Joy violated s.23(paragraph 2)(3). Such conduct gave reasonable
basis for the impression that Mr. Cibene would unduly enjoy the
favor of Mr. Joy in any decisions he might make as his supervisor
and also in inspecting his private construction work.

Based on the foregoing, 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, to which Mr. Joy has agreed:

(a) that he pay to the Commission the sum of $1250
forthwith as a civil penalty for violating G.L. c. 268A,
s.23(paragraph 2)(3); and

(b) that he waive all rights to contest the findings of
fact, conclusions of law and terms contained in the Agreement
in this or any other related administrative or judicial
proceedings in which the Commission is a party.

End Of Decision