Docket No.: 283


IN THE MATTER OF JOHN ROGERS, JR.


Date: April 3, 1985



DISPOSITION AGREEMENT



This Disposition Agreement (Agreement) is entered into between
the State Ethics Commission (Commission) and John Rogers, Jr. (Mr.
Rogers) pursuant to Section 11 of the Commission's Enforcement
Procedures. This Agreement constitutes a consented to final order
of the Commission enforceable in Superior Court under G.L. c. 268B,
14(d).

On November 27, 1984, the Commission initiated a preliminary
inquiry, pursuant to s. 4(a) of the conflict of interest law, G.L.
c. 268A, involving Mr. Rogers, a member of the Fairhaven School
Committee. The Commission concluded its inquiry into Mr. Rogers'
involvement in the matters set forth herein, and on January 31,
1985 found reasonable cause to believe that Mr. Rogers violated
G.L. c. 268A, s. 19. The parties now agree to the following
findings of fact and conclusions of law:

1. Mr. Rogers has been an elected member of the Fairhaven
School Committee since April, 1980. Between April, 1983 and April,
1984, Mr. Rogers served as its chairman. As a member of the school
committee, Mr. Rogers is a municipal employee within the meaning
of G.L. c. 268A, s. 1(g).

2. Mr. Rogers' wife, Margaret, is presently a first grade
teacher in the Fairhaven School system. Prior to September, 1984,
she was a kindergarten teacher at the Tripp and Anthony schools in
Fairhaven.

3. Fairhaven school teachers are represented, for collective
bargaining purposes, by the Fairhaven Educators' Association. The
collective bargaining unit applicable to teachers is designated as
"Unit A." At all times relevant to this Agreement, Margaret Rogers
was a member of Unit A.

4. On several occasions during 1984, Mr. Rogers participated
in discussions during the Fairhaven School Committee's executive
sessions, relating to the Unit A 1984-1986 Collective Bargaining
Agreement.

5. On September 19, 1984, Mr. Rogers voted, along with four
of the five other school committee members, to ratify the Unit A
1984-1986 Collective Bargaining Agreement.

6. The 1984-1986 Collective Bargaining Agreement ratified on
September 19, 1984 covered such areas as teachers' benefits and
duties and the teaching load.

7. General Laws, c. 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. By participating in discussions relating
to, and voting to ratify, the Collective Bargaining Agreement of
the bargaining unit of which his wife was a member, Mr. Rogers
violated s. 19.

8. Mr. Rogers was on notice from town counsel opinions he had
requested and received in 1981 and 1982, that he could not
participate in discussions or votes on particular budgetary items
which would affect his wife's financial interests as a teacher,
such as teachers' compensation or other terms of employment.

WHEREFORE, 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:

1. Mr. Rogers will cease and desist from participating, as a
school committee member, in discussions or votes relating to
matters in which his wife has a financial interest; and

2. Mr. Rogers will pay to the State Ethics Commission the
amount of $500 as a civil penalty for violating G.L. c. 268A,
s. 19.

End Of Decision