Docket No. 381
In the Matter of Vincent J. Lozzi

Date: March 8, 1990

DISPOSITION AGREEMENT

This Disposition Agreement (Agreement) is entered into between the State Ethics Commission (Commission) and Vincent J. Lozzi (Mr. Lozzi) 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, §4(j).

On April 12, 1989, the Commission initiated a preliminary inquiry into possible violations of the Conflict of Interest Law, G.L. c. 268A, involving Mr. Lozzi as a member of the General Court.  The Commission concluded its inquiry and, on February 28, 1990, found reasonable cause to believe that Mr. Lozzi violated G.L. c. 268A, §23.

This Commission and Mr. Lozzi now agree to the following findings of fact and conclusions of law:

1.  At all times relevant to this matter, Mr. Lozzi was a member of the General Court.

2.  On October 2, 1986, Mr. Lozzi flew to San Francisco.  He remained there until October 8, 1986, when be returned to Massachusetts.  This trip was a personal trip.

3.  By a voucher dated November 4, 1986, Mr. Lozzi submitted a request for state reimbursement (or) for $562.70 in expenses incurred in San Francisco on the above-mentioned trip.  This voucher characterized these expenses as expenses incurred in connection with Mr. Lozzi’s attendance at an insurance seminar while on state business.

4.  On January 12, 1987, Mr. Lozzi submitted a voucher requesting reimbursement for $989.50 for air fare incurred regarding the above-mentioned trip.

5.  These vouchers were approved in the ordinary course of business, and subsequently, the Commonwealth of Massachusetts issued to Mr. Lozzi checks in the amounts of $562.70 and $989.50, respectively.

6.  Mr. Lozzi deposited these checks in his personal account.

7.  On December 26, 1989, Mr. Lozzi reimbursed the Commonwealth $1,552.20.

8.  Section 23(b)(2) provides in relevant part that no state employee shall knowingly, or with reason to know, use or attempt to use his official position to secure for himself or others unwarranted privileges or exemptions which are of substantial value and which are not properly available to similarly situated individuals.

9.  By submitting vouchers for state reimbursement for private travel and by accepting such state reimbursement for private travel, all as described above, Mr. Lozzi used his position to secure an unwarranted privilege of substantial value not properly available to similarly situated individuals, thereby violating §23(b)(2).

10.  Based on the foregoing facts, 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. Lozzi:

1. that he pay to the Commission the amount of two thousand dollars ($2,000.00) for his violation of G.L. c. 268A, §23(b)(2); and

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