Docket No.: 162


IN THE MATTER OF JOHN A. PELLICELLI


Date: June 25, 1982

DISPOSITION AGREEMENT

Page 100

This Agreement is entered into between the State Ethics
Commission ("Commission") and John A. Pellicelli ("Mr.
Pellicelli") pursuant to Section 11 of the Commission's
Procedures Covering the Initiation ad Conduct of Preliminary
Inquiries an 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 G.L. c. 268B.

On April 30, 1982, the Commission, pursuant to s.4 of G.L.
c. 268B, initiated a Preliminary Inquiry into possible violations
of the Conflict-of-Interest Law, G.L. c. 268A, arising from Mr.
Pellicelli's participation as a member of the Middleton Housing
Authority in the matter in which his brother had a financial
interest. The Commission has concluded its Inquiry into Mr.
Peilicelli'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. Pellicelli is a member of the Middleton Housing
Authority (MHA) and has been since 1976. He was most recently re-
elected in 1981. There are five members of the Authority.

2. Mr. Pellicelli's brother, Paul, has worked for the MHA
for 9 years at Orchard Circle, a 54-unit elderly housing complex,
the Authority's only facility.

3. When Paul Pellicelli was first hired, the the
maintenanceman's duty was limited to outdoors ground work. As the
building has aged, the job of the maintenanceman has expanded to
include household maintenance (i.e., plumbing, electrical) as
well.

4. On May 22,1980, at a special meeting of the MHA, the
members voted to approve its FY 1981 budget. Included in the
budget was a provision that Paul Pellicelli would continue to be
paid as a maintenance/laborer for 30 hours per week and as a
maintenance/mechanic for 10 hours per week. Also included,
however, was the provision that upon submission of documentation
over a 6-month period indicating the number of hours devoted to
different tasks, the members would re-evaluate the classification
for suitability to the duties actually performed.

5. In December of 1980, Paul Pellicelli submitted the
requested records, which indicated that he was spending more time
performing tasks associated with the position of
maintenance/mechanic. However, because of the opposition by two
members of the Authority, no change was made in Paul Pellicelli's
job title or pay at that time. John Pellicelli did not
participate in that vote.

6. On July 13, 1981, Michael DiPietro of the Commonwealth's
Department of Labor and Industries wrote MHA Chairman Nathan
Haywood a letter in which he stated:

During a routine inspection of your Housing Authority,
the Department's field inspector Robert Lamarre has found
that a Mr. Paul Pellicelli was not receiving the proper rate
of pay.

Rates sent to your Authority May 7, 1980 list a
maintenance/mechanic for $9.39 per hour and a
maintenance/laborer at $7.64 per hour. Mr. Pellicelli stated
and confirmed by Ms. Alice D. Millbury that he performed
maintenance/mechanic work 50% of the time and
maintenance/laborer work 50% of the time.

The Department is requesting that Mr. Pellicelli be
paid at 50% of the time performing maintenance/mechanics
work...

7. On July 23,1981 at a meeting of the MHA, John Pellicelli
moved that the MHA comply with the Department of Labor and
Industries' request. Mr. Pellicelli voted in favor, along with
two other members, and the motion carried. The effect of the
motions, which was clearly understood, was to reclassify Paul
Pellicelli's position to 20 hours as a maintenance/mechanic and
20 hours as a maintenance/laborer, retroactive to July 1, 1980.
(On an annual basis, the change results in an increase of
$910.20, from $16,801.20 to $17,711.20.)

8. By voting on July 23,1981, to reclassify his brother's
position, Mr. Pellicelli violated s.19 of G.L. c. 268A which
prohibits a municipal employee, as himself, from participating in
a matter in which, among others, a member of his immediate family
has a financial interest. That the vote was an effort to comply
with the request of the Department of Labor and Industries did
not render s.19 inapplicable although it is a factor in
mitigation.

WHEREFORE, the Commission has determined that the public
interest would be served by the disposition of this matter
without further enforcement

Page 101

proceedings brought on its behalf pursuant to G.L. c. 268B, on the
basis of the following terms and conditions hereby made and agreed
to by Mr. Pellicelli:

1. That Mr. Pellicelli will hereby cease and desist from
participating in MHA matters which affect the financial intersts
of his brother;

2. That Mr. Pellicelli will pay the State Ethics Commission
the sum of $250 as civli penalty for violation s.19 of G.L. c.
268A; and

3. That Mr. Pellicelli waives all rights to contest the
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