Docket No.: 188


IN THE MATTER OF DAVID I. WALSH


Date: January 11, 1983

DISPOSITION AGREEMENT


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This disposition agreement ("agreement") is entered into
between the State Ethics Commission ("Commission") and David I.
Walsh ("Mr. Walsh") 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 commission order 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. c. 268A, involving Mr. Walsh,
a water commissioner employed by the town of Pepperell. The
Commission has concluded that preliminary inquiry and, on November
9,1982 found reasonable cause to believe that Mr. Walsh has
violated G.L. c. 268A, s.s.19, 20 and 23(d). The parties now agree
to the following findings of fact and conclusions of law:

A. Section 23(d)

1. Mr. Walsh is an elected member of the Pepperell Water
Commission. He therefore is a "municipal employee" as defined in
G.L. c. 268A, s.1(q).

2. On July 23, 1981, and July 24, 1981, Mr. Walsh purchased
tires for his personal use for $312.14 and $1,087.72 respectively,
and had both of these purchases billed to the Pepperell Water

Department.

3. Although Mr. Walsh eventually was made to pay for these
tires, he, by charging these purchases to the water department,
avoided substantial finance charges, state sales tax and federal
excise tax.

4. Section 23(d) of G.L. c. 268A prohibits a public employee
from using or attempting to use his position to secure on
unwarranted privilege for himself.

5. As a public employee, Mr. Walsh violated G.L. c. 268A,
s.23(d) by attempting to use his official position to secure an
unwarranted privilege (the tires) for himself.

6. As a public employee, Mr. Walsh violated G.L. c. 268A,
s.23(d) by using his official position to secure an unwarranted
privilege (by not paying for the finance charges, sales tax and
excise tax) for himself.

B. Sections 19 and 20

1. On January 4,1980, the Pepperell selectmen authored Mr.
Walsh in his private capacity to construct a sewer line at a cost
of $855.00.

2. On January 10,1980, Mr. Walsh submitted a bill to the town
for $957.50 which was approved for payment.

3. On January 14,1980, the town of Pepperell issued its check
payable to Mr. Walsh for $957.50.

4. On February 1,1982, the Pepperell Trucking Company
submitted a bid to the Pepperell Water Department for $1,514.00
including an amount of $480.00, identified as "12 hours backhoe at
$40 per hour." Mr. Walsh performed this backhoe work for Pepperell
Trucking.

5. On February 8,1982, the town of Pepperell issued its
check for $1,514.00 payable to Pepperell Trucking.

6. This check was supported by a voucher approved by Kenneth
L. Davis and Mr. Walsh, in their capacity as members of the
Pepperell Water Commission.

7. On February 13, 1982, Pepperell Trucking issued a check in
the amount of $480 to Mr. Walsh for the backhoe work.

8. On February 10, 1982, Pepperell Trucking submitted a bill
in the amount o $1,144.00 to the Pepperell Water Department. The
bill represents a charge of $160.00, identified as "4 hours backhoe
at $40.00 per hour;" $858.00 "repair loader labor;" $221.00
"steel;" and $5.00 "paint."

9. On February 16,1982, the town of Pepperell issued its check
for $1,144.00 payable to Pepperell Trucking.

10. This check was supported by a voucher approved by Raul
Pena and Mr. Walsh, in their capacity as members of the Pepperell
Water Commission.

11. On February 23,1982, Pepperell Trucking issued a check to
Mr. Walsh in the amount of $900.00 for the work he did on this job.

12. Section 19 of G.L. c. 268A prohibits a municipal employee
from participating in matters m which he or a business organization
by which he is employed has a financial interest.


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13. When he approved the two vouchers, Mr. Walsh violated G.L.
c. 268A, s.19 by participating in matter in which he or a business
organization by which he was employed (Pepperell Trucking) had a
financial interest.

14. Section 20 of G.L. c. 268A prohibits a municipal employee
from having a financial interest in a contract made by a municipal
agency of the same city or town.

15. As a Pepperell municipal employee, Mr. Walsh violated G.L.
c. 268A, s.20 by having a financial interest in the above-described
three contracts with the town of Pepperell.

In view of the foregoing violations of G.L. c. 268A, s.s.19,20
and 23, the Commission has determined that the public interest
would be served by the disposition of this matter without further
enforcement proceeding on the basis of the following terms and
conditions agreed to by Mr. Walsh:

1. that he pay to the Commission the sum of $750 as a civil
penalty for violating G.L. c. 268A, s.23(d);

2. that he pay to the Commission the sum of $750 as a civil
penalty for violating G.L. c. 268A, s.19;

3. that he pay to the Commission the sum of $500 as a civil
penalty for violating, G.L. c. 268A, s.20;

4. that be refrain from using his position as commissioner of
the Pepperell Water Department to secure unwarranted privileges for
himself, prohibited by G.L. c. 268A, s.23(d);

5. that he refrain from participating in matters in which he
or any business organizations by which he is employed bave a
financial interest, prohibited by G.L. c. 268A, s.19;

6. that be refrain from having a financial interest in any
contract made by a municipal agency of the town of Pepperell,
prohibited by G.L. c. 268A, s.20; and

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

End Of Decision