Docket No.: 152


Date: March 16, 1982


This Agreement is entered into between the State Ethics
Commission ("Commission") and Henry A. Brawley ("Mr. Brawley")
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 a final order of the Commission, enforceable in the
Superior Court of the Commonwealth, pursuant to Section 4(d) of

On December 22,1981, the Commission initiated a Preliminary
Inquiry into possible violations of the Conflict-of-Interest Law,
G.L. c. 268A, involving Mr. Brawley's conduct as Chairman of the
Hull Sewer Commission. The Commission has concluded its Inquiry
into Mr. Brawley's involvement in the matters set forth in this
Agreement, and makes the following findings of fact and conclusions
of law to which the parties hereto agree:

1. Mr. Brawley was the Chairman of the Permanent Hull Sewer
Commission from May 21, 1980 until his resignation on July 17,1981.
He was also a

Page 85

member of the Hull Zoning Board of Appeals, and the Hull Town
Surveyor through July of 1981. In addition, Mr. Brawley has for
many years operated a private surveying business D/B/A Brawley

2. On or about March 5,1981, the Town of Hull entered into a
contract with R. J. Delmonico Inc., General Contractors, for
emergency sewer construction and repair work. The original amount
of that contract was $10,711.

3. The emergency construction work was performed by the
Delmonico company during the months of March through May of 1981.
Because of difficulties encountered in that work, and the need for
repair work beyond the scope of the original contract, change
orders to this contract amounting to over $40,000 were approved by
all the members of the Sewer Commission, including Mr. Brawley,
during the term of this contract.

4. During the aforementioned construction, Mr. Brawley acted
as liaison between the Sewer Commission, the Board of Selectmen and
the contractor. He was often at the construction site monitoring
the progress of the work, and participating in decisions relating
to the amount and scope of the work necessary to complete the

5. During the period March through May of 1981, Brawley
Associates was retained by J. R. Delmonico, Inc., to do two
surveying jobs for it. The first job took one day in March to
complete and Mr. Brawley received a $200 fee for his work. The
second job took approximately three days in May for Mr. Brawley and
an associate to complete. In return for his surveying company's
work on this second job, J. R. Delmonico, Inc., provided Mr.
Brawley with a newly paved driveway at no charge.

6. By accepting surveying work from J. R. Delmonico, Inc., at
a time when that company was performing services under a contract
which was being supervised by the Hull Sewer Commission, Mr.
Brawley violated s.23(a) of the Standards of Conduct set out in
G.L. c. 268A. Section 23(a) prohibits municipal employees and
officials from accepting private employment which would impair
their independence of judgment in the performance of their official

7. By participating in decisions of the Sewer Commission
affecting the financial interests of J. R. Delmonico, Inc., such
as change orders, at a time when he was performing or had an
agreement to perform private surveying work for that same company,
Mr. Brawley violated s.19 of G.L. c. 268A. Section 19 prohibits
municipal employees and officials from participating in decisions
which affect the financial interests of businesses for which they
are working, or with whom they are negotiating for work.

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

1. That Mr. Brawley will pay to the State Ethics Commission
the sum of $1,000 as civil penalty for violating s.s.23(a) ad 19
of G.L. c. 268A; and

2. That Mr. Brawley waives all rights to contest findings of
fact and conclusions of law in this or any related judicial or
administrative proceedings in which the State Ethics Commission is
a party.

End Of Decision