Docket No. 373

In the Matter of Anthony Rizzo

September 6, 1989

Disposition Agreement



This Disposition Agreement (Agreement) is entered into between
the State Ethics Commission (Commission) and Anthony Rizzo (Mr.
Rizzo) pursuant to section 11 of the Commission's Enforcement
Procedures. This Agreement constitutes a consented to final
Commission order enforceable in the Superior Court pursuant to G.L.
c. 268B, s.4(j).

On August 25, 1988 the Commission initiated a preliminary
inquiry into possible violations of the conflict of interest law,
G.L. c. 268A, involving Mr. Rizzo, a member of the Revere School
Committee. The Commission concluded its inquiry and, on July 19,
1989, found reasonable cause to believe that Mr. Rizzo violated
G.L. c. 268A, s.19.

The Commission and Mr. Rizzo now agree to the following findings
of fact ad conclusions of law:

1. At all times relevant to this matter, Mr. Rlzzo was an
elected member of the Revere School Committee, and, accordingly,
a municipal employee as defined in G.L. c. 268A, s.1(g).

2. Richard Rizzo is Mr. Rlzzo's son, and thus a member of Mr.
Rizzo'5 immediate family as that term is defined by G.L. c. 268A,
s.1(e).

3. In October of 1986, Mr. Rizzo participated in hiring his son,
Richard Rizzo, as a security gnard for the Revere School
Department. Specifically, Mr. Rizzo:

a. presided over a special School Committee meeting on the
morning of October 6, 1986,[1]

b. moved and voted to "accept the recommendation of Mr. Edward
Manganiello, Principal of the High School, ad Dr. John Losco,
Assistant Superintendent, re security at the Roland Merullo
Field House." The School Committee (absent Mayor Colella ad
Donald Goodwin) voted in favor of this motion.[2]

4. While not expressly stated in Mr. Maganiello's recommendation
or Mr. Rizzo's motion, Mr. Rizzo knew that the School Committee was
creating a position that his son would occupy.

5. Richard Rizzo was employed as a special police officer for
the Revere School Department from October 6, 1986 until he resigned
effective April 7, 1989. He earned $3,840 in 1986, $19,048.49 in
1987, and $19,148.46 in 1988.

6. General Laws, c. 268A, s.19 provid relevant part that, except
as permitted by s. 19,[1]

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municipal employees are prohibited from participating in particular
matters in which, to their knowledge, a member of their immediate
family has a financial interest.

7. The appointment of Richard Rizzoo to the security position
was a "particular matter." Anthony Rizzo "participated" in that
matter by moving and voting to create the position on October 6,
1986. While the School Committee's vote during the open session of
the October 6, 1986 meeting did not refer to Richard Rizzo, Mr.
Rizzo knew that his son would occupy the position.

8. Before October 6, 1986, a "special school police officer"
position did not exist witnin the Revere School Department. No one
other than Richard Rizzo has ever occupied this position.

9. By participating in the creation of the security position
with knowledge that his son was to occupy it, Mr. Rizzo
participated as a School Committee member in a particular matter
in which his son had a financial interest, thereby violating s.19.

Based on the foregoing facts, 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 agreed to by Anthony Rizzo:

1. that he pay to the Commission the amount of one thousand
dollars ($1,000.00) as a civil penalty for his violation of
s.19;

2. that he waive all rights to contest the findings of fact,
conclusions of law and terms and conditions contained in this
agreement or in any related administrative or judicial
proceeding to which the Commission is or may be a party.

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[1] The agenda for this meeting identified an R.T.A. Grievance as
the sole subject for consideration.

[2] On October 3, 1986, Edward Manganiello, Principal of the Revere
High School, sent a letter to Assistant Superintendent John Losco
recommending that a senior citizen be hired as a security person
for the Roland Merulio Field House. The School Committee voted on
this recommendation pursuant to Mr. Rizzo's motion. Richard Rizzo
Filled the position. A senior citizen was not hired.