Docket No.: 149

Doc. Type: Agreements


November 13, 1981


Page 74

This Agreement is entered into between the State Ethics
Commission ("Commission") and Edward Brooks ("Mr. Brooks") pursuant
to Section 11 of the Commission's Procedures Covering the
Initiation and Conduct of Preliminary Inquiries and Investigations.
The parties agree that upon its execution, this Agreement shall
constitute an assented to final order of the Commission enforceable
in the Superior Court under s.4(d) of G.L. c. 268B.

On June 11, 1981, the Commission initiated a Preliminary
Inquiry into possible violations of the conflict-of-interest law,
G.L. c. 268A, concerning Mr. Brooks' involvement as a former
employee of the Boston Water and Sewer Commission ("BWSC") in
matters in which he had previously participated as an employee of
the BWSC.

The Commission has concluded its Preliminary Inquiry into Mr.
Brooks' involvement in the matters set forth herein, and makes the
following findings of fact and conclusions of law to which the
parties hereto agree:

1. Mr. Brooks was employed by the BWSC as a collection clerk
from January 1980, through January 2,1981, and as such was a
"municipal employee" as defined in s.1(g) of G.L. c. 268A.

2. In his capacity as a collection clerk, Mr. Brooks was

assigned delinquent BWSC accounts for collection.

3. During his employment at the BWSC, Mr. Brooks was assigned
and personally and substantially "participated" (as that term is
defined in s.1(j) of G.L. c. 268A) in, the collection of the Long
Bay Management account and the accounts of Port Antonio Associates,
Guscott Associates, Kensington Associates, and Nazing Court
Associates, all of which are affiliated with the Long Bay
Management account.

4. During February and March of 1981, and after leaving
the employ of the BWSC, Mr. Brooks was retained by Long Bay Management
to provide it with professional services relating to its
outstanding BWSC account. Mr. Brooks was paid $475 by Long Bay
Management for these services.

5. This compensation related to the delinquent accounts of
Long Bay Management and its affiliated companies, accounts which
Mr. Brooks had worked on while employed at the BWSC.

6. By receiving private compensation as a former municipal
employee in relation to these delinquent accounts, the collection
of which he had handled as an employee of the BWSC, Mr. Brooks
violated s.18(a) of G.L. c. 268A, which restricts the activities
of former municipal employees.

WHEREFORE, the Commission has determined that the public
interest would be served by the disposition of this matter without
further enforcement proceedings brought pursuant to G.L. c. 268B,
on the basis of the following terms and conditions hereby made and
agreed to by Mr. Brooks:

1. That Mr. Brooks will hereby cease and desist from receiving
compensation from, or acting as agent for any party other than the
City of Boston, in relation to any BWSC delinquency which was
outstanding in 1980, the collection of which he personally and
substantially participated in while employed at the BWSC; and

2. That he pay to the State Ethics Commission within 45 days
of the execution of this Agreement, the sum of $500 as civil
penalty for violating s.18(a) of G.L. c. 268A.

End Of Decision