Docket No. 649
In the Matter of Kenneth Walley
November 29, 2001
Disposition Agreement
This Disposition Agreement is entered into between the State
Ethics Commission and Kenneth Walley pursuant to Section 5 of the
Commission's Enforcement Procedures. This Agreement constitutes a
consented-to final order enforceable in Superior Court, pursuant to
GL. c. 268B, s.40).
On September 16, 2001, the Commission initiated, pursuant to
G.L. c. 268B, s.4(a), a preliminary inquiry into possible
violations of the conflict of interest law, G.L. c. 268A, by
Walley. The Commission has concluded its inquiry and, on November
13, 2001, found reasonable cause to believe that Walley violated
G.L. c. 268A, s.s.19 and 17.
The Commission and Walley now agree to the following findings
of fact and conclusions of law:
Findings of Fact
1. Walley is employed as a City of Revere assistant electrical
inspector. As such, Walley is a municipal employee as that term is
defined in G.L. c. 268A, s. 1.
2. Walley's official duties as an assistant electrical
inspector include the issuing of permits for electrical work being
done in the city and through inspections ensuring that all work
performed pursuant to such permits complies with local codes.
3. Walley also performs private electrical work as Kenneth R.
Walley Co., Inc.
4. In December 1999, Walley was hired to wire the basement and
install an additional electric meter at the house at 26 Wave
Avenue, Revere.
5. On January 14, 2000, Walley applied for a permit for this
work.
6. In or about February 2000, Walley performed the work at 26
Wave Avenue.
7. On December 18, 2000, Walley, as assistant electrical
Inspector, inspected and approved the work he performed at 26 Wave
Avenue.
8. Walley was paid $200 for the work he did at 26 Wave Avenue.
9. In December 2000, Walley was hired to rewire the house at
574 Proctor Avenue, Revere.
10. On December 8,2000, Walley applied for a permit for this
work.
11. On December 8, 2000, Walley performed the work at 574
Proctor Avenue.
12. On January 31, 2001, Walley, as assistant electrical
inspector, inspected and approved the work he performed at 574
Proctor Avenue.
13. Walley was paid $4,500 for the work he did at 574 Proctor
Avenue.
Conclusions of Law
Chapter 268A, s.17(c)
14. Section 17(c) of G.L. c. 268A prohibits a municipal
employee, otherwise than in the proper discharge of official
duties, from acting as agent or attorney for anyone other than the
municipality in relation to a particular matter in which the town
has a direct and substantial interest.
Page 1037
15. Decisions to issue electrical permits are particular
matters.
16. The city has a direct and substantial interest in these
matters because those permits involve activities that may
significantly affect public health and safety.
17. By applying for electrical permits for work done at 26
Wave Avenue and 5 74 Proctor Avenue, Walley acted as agent for
individuals other than the city (both his corporation and the
owners of each site) in relation to particular matters in which the
city had a direct and substantial interest.
18. Walley's actions in applying for permits were not within
the proper discharge of his official duties.
19. Therefore, by applying for electrical permits for work
done at 26 Wave Avenue and 574 Proctor Avenue, Walley acted as
agent for individuals other than the city in relation to particular
matters in which the city had a direct and substantial interest,
and thereby violated s. 17(c) on each occasion.
Chapter 268A, s.17(a).
20. Section 17 (a) of G.L. c. 268A prohibits municipal
employees from otherwise than as provided by law for proper
discharge of official duties directly or indirectly receiving or
requesting compensation from anyone other than their city, town or
municipal agency in relation to a particular matter in which the
same city or town is a party or has a direct and substantial
interest.
21. Walley received $200 and $4,500 for the electrical work he
performed at 26 Wave Avenue and 574 Proctor Avenue, respectively.
22. The decisions to issue city permits for electrical work
and the inspections pursuant to those pen-nits are particular
matters.
23. The compensation Walley received for performing the
electrical work was in relation to particular matters in which the
city had a direct and substantial interest.
24. Walley's receipt of compensation for work he performed
privately was not within the proper discharge of his official
duties.
25. Therefore, by receiving compensation in relation to
particular matters in which the city had a direct and substantial
interest, Walley violated s. 17(a) on each occasion.
Chapter 268A, s.19
26. Section 19 of G.L. c. 268A prohibits municipal employees
from participating in their official capacity in particular matters
in which they know they have a financial interest.
27. The inspection of the electrical work at 26 Wave Avenue
and 574 Proctor Avenue involves determinations as to whether the
work done complied with the code. These determinations were
particular matters.
28. By conducting these inspections, Walley participated, in
his official capacity, in the aforementioned particular matters.
29. Walley had a financial interest in the particular matters
as he had performed the electrical work at 26 Wave Avenue and 574
Proctor Avenue and received $200 and $4,500, respectively.
30. Walley knew of the aforementioned financial interests when
he conducted the inspections.
31. Therefore, by conducting the inspections of the electrical
work he performed at 26 Wave Avenue and 574 Proctor Avenue, Walley
participated in particular matters in which he had a financial
interest, thereby violating s. 19 on each occasion.
Resolution
In view of the foregoing violation of G.L. c. 268A by Walley,
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 and
conditions agreed to by Walley:
(1) that Walley pay to the Commission the sum of $2,500.00 as
a civil penalty for violating G.L. c. 268A, s. s. 17(a), 17(c)
and 19; and
(2) that Walley waive all rights to contest the findings of
fact, conclusions of law and terms and conditions contained in
this Agreement in this or any other related administrative or
Judicial proceedings to which the Commission is or may be a
party.