For Immediate Release - February 05, 2007

Provincetown Department of Public Works Director David Guertin $2,000 for Receiving Free Dockage

Fine consists of $1,000 civil penalty and $1,000 forfeiture


The Massachusetts State Ethics Commission fined Provincetown Department of Public Works (DPW) Director David Guertin $2,000, consisting of a $1,000 civil penalty and a $1,000 forfeiture, for violating the state's conflict of interest law, M.G.L. c. 268A, by improperly receiving free dockage for his sailboat from Provincetown-MacMillan Realty Trust (PMRT).

According to the Disposition Agreement, Guertin was the project manager for the renovation of MacMillan Wharf, owned by PMRT, and was involved in overseeing the Town water system and in determining betterment assessments, all of which financially impact PMRT. In late spring 2001, Guertin, who kept his 30-foot sailboat at a mooring in the Provincetown marina, accepted the offer of a PMRT principal to tie up his boat at the PMRT slip on the wharf to make repairs. Guertin docked his boat at PMRT's slip for approximately 10 days. The value of the docking was approximately $1,000. Guertin did not pay for the use of the slip.

Section 23(b)(2) of the conflict of interest law prohibits a public employee from knowingly, or with reason to know, using or attempting to use his position to secure for himself or others an unwarranted privilege of substantial value not properly available to similarly situated individuals. By using his position as DPW director to secure for himself $1,000 in free dockage, Guertin violated this section of the law.

"Serving the public does not give an official license to serve himself," said Executive Director Peter Sturges. "Public officials may not get free services or benefits because of who they are."