Docket No.: 168


IN THE MATTER OF DANIEL SHARRIO


Date: September 14, 1982


DISPOSITION AGREEMENT


This disposition agreement (agreement) is entered into between
the State Ethics Commission ("Commission") and Daniel Sharrio (Mr.
Sharrio) pursuant to Section 11 of the Commission's Procedures
Covering the Initiation and Conduct of Preliminary Inquiries and
Investigations. The parties agree that this agreement constitutes
a consented to final order of the Commission enforceable in the
Superior Court, pursuant to G.L. c. 268B, s.4(d).

On March 16,1982, 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 Mr.
Sharrio, Deputy Director of the Worcester Housing Authority
("WHA"). The Commission has concluded that preliminary inquiry and,
on June 16,1982, found reasonable cause to believe that Mr.
Sharrio has violated G.L. c. 268A, s.23(d). The parties now agree to the
following findings of fact and conclusions of law:

1. At all times material herein, Mr. Sharrio was Deputy
Director of the WHA, and as such was a municipal employee as
defined in G.L. c. 268A, s.1(g).

2. General Laws Chapter 268A, s.23(d) provides in pertinent
part that no municipal employee shall use or attempt to use his
official position to secure unwarranted privileges or exemptions
for himself or others.

3. Mr. Sharrio violated Section 23(d) by using his official
position as Deputy Director of the WHA to secure the following
unwarranted privileges:

a. On three occasions during 1980, he secured discounts
in the amount of $20, $44, and $60, respectively, on personal
purchases from private businesses which did business with the
WHA;

b. On one occasion in 1980, by using the WHA tax exempt
organization number, he failed to pay a state sales tax and
a federal excise tax totaling approximately $20 on a personal
purchase;

c. On one occasion in 1980, by using a WHA purchase order
to make a personal

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purchase from a department store, he was able to make the
purchase on credit, a method of purchase not available to the
general public, and, at the same time, he again avoided state
sales tax, amounting to approximately $5.00; and

d. On one occasion in 1980, he withdrew items from the
WHA storeroom for his personal use valued at approximately
$60. One item, valued at approximately $50, was later
returned, but only after the Commission notified Mr. Sharrio
that it was reviewing his conduct.

WHEREFORE, 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
representations agreed to by Mr. Sharrio:

1. That in light of the five individual instances of
misconduct enumerated above, but more particularly, because of the
pattern of misconduct those instances represent, he pay the
Commission the sum of $500 forthwith as a civil penalty for
violating G.L. c. 268A, s.23(d); 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 this or any related administrative or judicial
proceedings.

End Of Decision