Docket: 692
Parties: IN THE MATTER OF JOHN SANNA JR.
Date: November 24, 2003

DISPOSITION AGREEMENT

This Disposition Agreement is entered into between the State

Ethics Commission and John Sanna Jr. pursuant to Section 5 of the

Commission's Enforcement Procedures. This Agreement constitutes a

consented-to final order enforceable in Superior Court, pursuant to

G.L. c. 268B, s.4(j).

On August 14, 2003, the Commission initiated, pursuant to G.L.

c. 268B, s.4(a), a preliminary inquiry into possible violations of

the conflict of interest law, G.L. c. 268A, by Sanna. The

Commission has concluded its inquiry and, on October 7, 2003, found

reasonable cause to believe that Sanna violated G.L. c. 268A, s.

23(b)(2).

The Commission and Sanna now agree to the following findings

of fact and conclusions of law:

Findings of Fact

1. Since April 2001, John Sanna has been an elected Buzzards

Bay Water District Commissioner. The three-member commission

oversees all aspects of the operation of the water district, and

has the authority to hire and fire water district personnel.

2. In March 2002 the State Ethics Commission notified Sanna

that he appeared to have violated the conflict law when he borrowed

water district equipment in fall 2001, and that the Commission was

unlikely to resolve another violation privately.

3. Despite the Commission's warning, in late summer 2002 Sanna

borrowed the district's paint spray gun. A paint spray gun can be

rented for approximately $30 per day.

4. In or about December 2002, Sanna borrowed one of the

district's metal detectors. The cost to rent a metal detector is

approximately $20 per day.

5. Sanna failed to return the items until he was contacted by

the State Ethics Commission in August 2003.

6. The water district has a policy barring loans of water

district equipment except in "extraordinary circumstances...and

then only with the permission of a Supervisor or the

Commissioners."

Conclusions of Law

7. Section 23(b)(2) prohibits municipal employees from,

knowingly or with reason to know, using or attempting to use their

official position to secure for themselves or others unwarranted

privileges or exemptions of substantial value not properly

available to similarly situated individuals.

8. As a Buzzards Bay Water District Commissioner Sanna is,

pursuant to G.L. c. 268A, s. 1(g), a municipal employee.

9. When he borrowed water district equipment, Sanna knew or

had reason to know that the decision to allow him to take the

equipment would be influenced by his authority as a Water District

Commissioner. Sanna therefore knew or had reason to know that he

was using his position to obtain the paint spray gun and the metal

detector.

10. Because non-official use of the property is not allowed

under the water district's policies except in "extraordinary

circumstances," borrowing the equipment under the circumstances

Sanna borrowed them was an unwarranted privilege not available to

similarly situated individuals.

11. The costs to rent a paint spray gun for almost a year and

a metal detector for nine months exceed $50. Therefore, the

unwarranted privileges were of substantial value.

12. Accordingly, Sanna violated G.L. c. 268A, s. 23(b)(2) when

he borrowed the paint spray gun and the metal detector. Sanna's

violations warrant a substantial fine because he disregarded a

prior State Ethics Commission warning that borrowing equipment

under these conditions violated the conflict-of-interest law.

Resolution

In view of the foregoing violation of G.L. c. 268A by Sanna,

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 and

conditions agreed to by Sanna:

(1) that Sanna pay to the Commission the sum of $2,000.00 as

a civil penalty for violating G.L. c. 268A, s. 23(b)(2); and

(3) 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 other related administrative or

judicial proceedings to which the Commission is or may be a

party.

STATE ETHICS COMMISSION

By:

/s/Peter Sturges, Executive Director

Dated: November 24, 2003

/s/John Sanna Jr.

Dated: November 7, 2003

I, John Sanna Jr., 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 $2,000.00 to the State Ethics

Commission.

/s/John Sanna Jr.

Dated: November 7, 2003

End Of Decision