Case No.: 276


Date: December 20, 1984


Page 208

This Disposition Agreement (Agreement) is entered into between
the State Ethics Commission (Commission) and Richard E. Sullivan,
Sr. (Mr. Sullivan) 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(d).

On September 25,1984, the Commission initiated a preliminary
inquiry, pursuant to the conflict of interest law, G.L. c. 268A,
involving Mr. Sullivan, the Mayor of Newburyport. The Commission
has concluded that preliminary inquiry and, on November 8, 1984,
found reasonable cause to believe that Mr. Sullivan violated G.L.
c. 268A.

The parties now agree to the following findings of fact and
conclusions of law:

1. Mr. Sullivan is the Mayor of Newburyport and was the Mayor
at all times relevant to the Commission's preliminary inquiry. As
such, he was and is a municipal employee within the meaning of G.L.
c. 268A, s.1(g).

2. As the Mayor, Mr. Sullivan is the appointing authority for
positions in the Newburyport Police Department.

3. On October, 1983, Mr. Sullivan appointed his son, Richard E.
Sullivan, Jr., to the position of provisional communication
dispatcher for the Newburyport Police Department.

4. The term of Mr. Sullivan's son's original appointment expired
on December 31,1983, at which time Mr. Sullivan reappointed his son
to this potion.

5. Richard E. Sullivan, Jr. resigned the position of
communication dispatcher on December 7,1984.

6. General Laws, Chapter 268A, s.19(a) prohibits a municipal
employee from participating in a particular matter in which an
immediate family[1] member has a financial interest. By appointing
(and reappointing) his son to this position with the Newburyport
Police Department, Mr. Sullivan violated s.19(a).

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 Mr. Sullivan:

1. that he pay to the Commission the sum of three hundred
dollars ($300.00) forthwith as a civil penalty for violating
G.L. c. 268A, s.19(a); and

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


[1] G.L. c. 268A. s.1(e) defines "immediate family," as "the
employee and his spouse, and their parents, children, brothers and

End Of Decision