Date: August 23, 1982


DISPOSITION AGREEMENT


This disposition agreement ("agreement") is entered into between the State Ethics Commission ("Commission") and William J. Hulbig ("Mr. Hulbig") pursuant to Section 11 of the Commission's Procedures Covering the Initiation and Conduct of Preliminary Inquiries and Investigations. The parties agree that this agreement constitutes a consented to final order of the Commission enforceable in the Superior Court, pursuant to G.L. c. 268B, s.4(d).

On June 1, 1982, the Commission initiated a preliminary inquiry, pursuant to G.L. c. 268B, s.4(a), into possible violations of the Conflict-of-Interest Law, G.L. e. 268A, involving Mr. Hulbig, Building Commissioner of the Town of Westwood. The Commission has concluded that preliminary inquiry and, on July 19, 1982, found reasonable cause to believe that Mr. Hulbig has violated G.L. c. 268A, s.19. The parties now agree to the following findings of fact and conclusions of law:

1. At all times material herein, Mr. Hulbig was Building Commissioner of Westwood, and as such was a municipal employee as defined in G.L. c. 268A, s.1(g).

2. As Building Commissioner, Mr. Hulbig was responsible for issuing building permits upon submission of plans which complied with state and local codes and laws, and for conducting inspections of work done pursuant to those permits.

3. General Laws, Chapter 268A, s.19 provides in pertinent part that a municipal employee shall not participate in a particular matter in which to his knowledge a member of his immediate family has a financial interest unless he first advises his appointing authority of the nature and circumstances of the particular matter and the financial interest in it and receives a written determination made by that official that the interest is not so substantial as to be deemed likely to affect the integrity of the services the municipality may expect from the employee.

4. Mr. Hulbig violated s.19 by participating in the following particular matters in which his son, Phillip E. Hulbig, as president, treasurer and principal employee of Chris Construction Company, had a financial interest:

a. On three occasions, Mr. Hulbig issued building permits upon application by Phillip E. Hulbig or Chris Construction Company. These were Westwood Building permits #5481,#5617 and #5618.

b. On seven occasions, Mr. Hulbig acted as Building Commissioner in inspecting work performed by Phillip E. Hulbig pursuant to building permits issued by Mr. Hulbig. These inspections were related to Westwood building permits #4953, #5027, #5032, #548, #5597, #5617 and #5618.

5. The Commission has found no evidence of corrupt intent on behalf of Mr. Hulbig nor any preferential treatment of his son in the issuance of permits or the inspection of work performed.

WHEREFORE, The Commission has determined that the public interest would be served by the

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disposition of this matter without further enforcement proceeding on the basis of the following representations agreed to by Mr. Hulbig:

1. That, in light of the ten individual instances of conduct enumerated above, he pay the Commission the sum of $1,000 forthwith as a civil penalty for violating G.L. c. 268A, s.19; and

2. 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 related administrative or judicial proceedings.

 

End Of Decision