Docket No. 551


In the Matter of Francis H. Beaudry

Date: April 3, 1996

Disposition Agreement


The State Ethics Commission ("Commission") and Francis Beaudry
("Beaudry") enter into this Disposition Agreement ("Agreement")
pursuant to s.5 of the Commission's Enforcement Procedures. This
Agreement constitutes a consented to final order enforceable in the
Superior Court, pursuant to G.L. c. 268B, s.4(j).

On November 8, 1994, the Commission initiated, pursuant to
G.L. c. 268B, s.4(j), a preliminary inquiry into possible
violations of the conflict of interest law, G.L. c. 268A, by
Beaudry. The Commission has concluded its inquiry and, on February
14, 1996, found reasonable cause to believe that Beaudry violated
G.L. c. 268A, s.19.

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

1. Beaudry has been an elected member of the Warren Board of
Selectmen (the "Board") since May 1993. As such, Beaudry is a
municipal employee as that term is defined in G.L. c. 268A, s.1.

2. The Board has jurisdiction over wage and personnel issues
affecting town employees.

3. Joseph O'Keefe ("O'Keefe") is Beaudry's wife's brother.
O'Keefe has been a Warren Cemetery Department employee since 1992
as a laborer.

4. During a Board meeting on September 20, 1993, the Board
reviewed a list of proposed hourly wage increases for various town
positions, including O'Keefe's position with the Cemetery
Department.[1] The proposed figures were to be submitted for
approval at the Special Town Meeting which was to take place on
September 21, 1993. Beaudry pointed out that Cemetery Department
hourly rates appeared low in comparison to rates for other town
positions. Beaudry acted as a selectman when he made this comment.

5. As a result of Beaudry's input, the other two selectmen
revised the figures for the Cemetery Department.[2] Beaudry did
not participate in the revision of the figures. The Board
considered the revised list on September 21, 1993. The Board
reached a general consensus to submit the list to Town Meeting for
approval. Beaudry joined in this consensus.

6. When he made his comment at the September 20, 1993 Board
meeting, Beaudry was aware that his brother-in-law was a Cemetery
Department employee.

7. The Town Meeting eventually approved all the increases
proposed by the Board. Subsequently, the wage increases were
adopted by the Board of Cemetery Commissioners.[3]

8. General Law c. 268A, s.19, in pertinent part, prohibits
a municipal employee from participating as such in a particular
matter[4] in which to his knowledge a member of his immediate
family has a financial interest.

9. The decision to submit a list of hourly wage increases to
Town Meeting was a particular matter.

10. Beaudry participated[5] in that particular matter by
pointing out that the Cemetery Department wages seemed low in
comparison to other department wages, and by joining in the final
consensus to submit the proposed list to Town Meeting.

Page 799

11. Beaudry's brother-in-law, Beaudry's wife's brother, was
an immediate family member.[6]

12. Beaudry's brother-in-law had an obvious financial
interest in any salary increase for the position of Cemetery
Department laborer.

13. Beaudry was aware of his brother's-in-law financial
interest in these matters.

14. Therefore, by acting as described above, Beaudry
participated as a Board of Selectmen member in a particular matter
in which to his knowledge an immediate family member had a
financial interest, thereby violating s.19.

15. Beaudry cooperated with the Commission's investigation.

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

(1) that Beaudry pay to the Commission the sum of five
hundred dollars ($500) as a civil penalty for violating G.L.
c. 268A, s.19; and

(2) that Beaudry 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.

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[1] The cemetery positions were three of fifteen positions
which were considered for salary adjustments.

[2] The first figures suggested an hourly wage increase for
the position of laborer from $6.50 an hour to $7.00 an hour. After
the figures were revised, the wage was increased to $8.00. [3]
Beaudry is a member of the Board of Cemetery Commissioners. He
abstained from participation in this matter.

[4] "Particular matter," any judicial or other proceeding,
application, submission, request for a ruling or other
determination, contract, claim, controversy, charge, accusation,
arrest, decision, determination, finding, but excluding enactment
of general legislation by the general court and petitions of
cities, towns, counties and districts for special laws related to
their governmental organizations, powers, duties, finances and
property. G.L. c. 268A, s.1(k).

[5] "Participate," participate in agency action or in a
particular matter personally and substantially as a state, county
or municipal employee, through approval, disapproval, decision,
recommendation, the rendering of advice, investigation or
otherwise. G.L. c. 268A, s.1(j).

[6] "Immediate family," the employee and his spouse, and their
parents, children, brothers and sisters. G.L. c. 268A, s.1(e).

Page 800

End of Decision