Case in Favor of Revere Water Facilities Director Joseph Maglione
The Commission's Enforcement Division alleged in December 2007 that Maglione violated G.L. c. 268A, §§ 2(b), 3(b), 23(b)(2) and 23(b)(3) by soliciting and accepting money from City of Revere Department of Public Works Sewer Department Foreman Randy Adamson and Drain Department Foreman Anthony Giannino in connection with their work on private water and sewer projects in the city. This action against Maglione followed the resolution of cases against Adamson and Giannino in which they each entered into Disposition Agreements with the Commission. In those agreements, Adamson and Giannino each admitted that they violated § 17(a) of the conflict of interest law by receiving compensation for private work in the city where the city had a direct and substantial interest in that work, and § 2(a) for paying bribes to Maglione. Adamson and Giannino each paid $8,000 fines.
The adjudicatory hearing in the Maglione case included five days of testimony, during which 27 witnesses testified, including Adamson, Giannino and Maglione. According to the Decision and Order, the resolution of the matter depended "on an assessment of the credibility of the witnesses." The Commission found ". . . that the testimony of Giannino and Adamson with regard to the bribes was not entirely credible with respect to certain key points. We find that the allegations have not been proven by a preponderance of the evidence, and therefore find in favor of the Respondent."
"While individuals may choose to resolve allegations that they have violated the conflict law by admitting to those violations, where they make statements implicating others, those statements are subject to examination and cross-examination," said Executive Director Karen L. Nober. "After careful evaluation of the evidence in this case, the Commission did not find credible Adamson's and Giannino's claims that Maglione had solicited bribes from them."Decision and Order