Docket No.: 167


Date: August 23, 1982


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

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

Page 113

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

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

End Of Decision