Docket No. 577

In the Matter of Paulin J. Bukowski

Date: October 22, 1998


DISPOSITION AGREEMENT


The State Ethics Commission ("Commission") and Paulin J.
Bukowski ("Bukowski") enter into this Disposition Agreement
("Agreement") pursuant to Section 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 October 16, 1997, 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
Bukowski. The Commission has conducted its inquiry and, on
September 23, 1998, found reasonable cause to believe that Bukowski
violated G.L. c. 268A, s. 19 and 23(b)(3).

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

1. Bukowski had been, during the time relevant, a Town of
Greenfield plumbing and gas fitting inspector.
As such, he was a municipal employee as that term is defined in
G.L. c. 268A, s. 1.

2. As plumbing and gas fitting inspector, Bukowski issued
plumbing and gas permits and performed preliminary and final
inspections of the work done (pursuant to the permits) to ensure
compliance with the state plumbing and gas fitting code.

3. The town paid Bukowski a portion of the permit fees he
collected. For the years relevant herein, Bukowski was paid
$12,371 in 1994; $13,071 in 1993; and $12,946 in 1992.

4. Bukowski's brother Robert Bukowski ("Robert") was, during the
time relevant, a plumber who did business in the Town of
Greenfield.

5. Bukowski acted as a plumbing inspector regarding his brother
Robert's jobs as follows:

(1) September 1992, issued plumbing permit #5422 to replace
a toilet at 74 Mohawk Trail;

(2) April 13, 1993, issued permit #5549 to correct

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a hot water cross connection serving 2 apartments at 8 Deven
Court;

(3) September 1993, issued permit #5646, to replace a kitchen
sink, bathroom sink, hot water heater, bathtub and steam boiler
at 27 Madison Circle.

(4) October 19, 1993, issued permit #5667 to replace and vent a
kitchen sink, replace a laundry tray, wash machine waste pipe
and valve, a hot water heater, and bathroom sink at 82 Sanderson
Street;

(5) February 2, 1994, issued permit #5755 to replace a hot water
heater at 24 Church Street;

(6) July 11, 1994, issued permit #5795 to replace a kitchen sink
at 19 Prentice Avenue; and

(7) August 1, 1994, issued permit #5812 to replace a toilet,
kitchen sink, bathroom sink and bathtub at 106 Federal Street.

6. Bukowski conducted all the inspections in connection with the
above permits.

7. Robert had a financial interest in the permits and
inspections.

8. Except as otherwise permitted by that section, General Laws
c. 268A, s. 19 prohibits a municipal employee from participating as
such an employee in a particular matter in which to his knowledge
a member of his immediate family has a financial interest.[1]

9. The decisions to issue permits and the inspection
determinations were particular matters.[2]

10. Bukowski participated[3] in those particular matters by
issuing the permits and performing the inspections.

11. At the time he so acted, Bukowski was aware that his
brother Robert had a financial interest in these particular
matters.

12. Therefore, by issuing the permits and performing the
inspections as described above, Bukowski participated as a
municipal employee in particular matters in which to his knowledge
an immediate family member[4] had a financial interest, thereby
violating s. 19.

In view of the foregoing violations of G.L. c. 268A by
Bukowski, 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 Bukowski:

(1) that Bukowski pay to the Commission the sum of one
thousand five hundred dollars ($1,500.00) as a civil penalty for
violating G. L. c. 268A s. 19; and

(2) that Bukowski 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.

------------------------

[1] None of the s. 19 exemptions apply.

[2] Particular matter" means any judicial or other proceeding,
application submission, request for ruling or other determination,
contract, claim, controversy, charge, accusation, arrest, decision,
determination, finding, but excluding enactment of general
legislation to 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).

[3] "Participate" means 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).

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

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End of Decision