Docket No.: 263


Date: August 14, 1984


Page 191

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

On May 8, 1984 the Commission initiated a preliminary inquiry
into whether Mr. Molloy violated G.L. c. 268A by virtue of being
a full-time municipal employee while also serving as a member of
the Franklin Town Council. The Commission concluded that
preliminary inquiry and on May 29, 1984 found reasonable cause to
believe that Mr. Molloy violated G.L. c. 268A, s.20. The parties
now agree to the following findings of fact and conclusions of law.

1. Mr. Molloy served as a Franklin town councilor from April,
1981 to July 1, 1984. The Franklin Town Council, the legislative
body for the town, is composed of 15 members who are elected for
two-year terms.

2. Mr. Molloy was employed by the Franklin fire department as
a full-time paid fireman throughout the period he served as a
member of the town council.

3. In March, 1983, Mr. Molloy requested an opinion from the
Commission as to whether his dual positions with the town of
Franklin were a "violation of G.L.c.268A,

4. On March 22,1983, the Commission provided Mr. Molloy with an
opinion indicating that G.L. c. 268A, s.20 did not permit him to
have a financial interest in the fire department position while
also maintaining his membership on the town council.

5. Mr. Molloy thereafter continued to hold both positions
although he had received the commission's opinion and was fully
aware that he was in violation of G.L.c.268A.

6. In April, 1984, Mr. Molloy ran for re-election to the town
council, despite the fact that he had previously been informed that
his two positions with the town violated G.L. c. 268A; Mr. Molloy
was re-elected.

7. On or about May 9, 1984, Mr. Molloy resigned from the town
council, effective July 1, 1984.

8. Section 20 of G.L. c. 268A prohibits a municipal employee
from having a financial interest in a contract made by an agency
of the same municipality.

9. By having a financial interest in the Franklin fire
department position while also being a Franklin town councilor, Mr.
Molloy violated s.20.

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. Molloy:

1. that he pay to the Commission the sum of $250
forthwith as a civil penalty for violating G.L. c. 268A, s.20;

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

End Of Decision