For Immediate Release - September 07, 2010

Ethics Commission's Enforcement Division Alleges Conflict of Interest Law Violations by Lynn Board of Health Inspector Daniel Dean

Held Second Municipal Position of Constable; Conducted Property Inspections Where He had Performed Constable Services

The Enforcement Division of the State Ethics Commission ("Commission") issued an Order to Show Cause ("OTSC") alleging that City of Lynn (the "City") Board of Health ("BOH") Sanitary Inspector ("Inspector") Daniel Dean ("Dean") violated G.L. c. 268A, the conflict of interest law, by also serving as a constable appointed by the City's Mayor, and for performing Inspector duties at properties owned by private parties for whom he had performed constable services, without disclosing these instances to his appointing authority.

According to the OTSC, between 2006 and March 2008, Dean performed constable services for private property owners and managers, and charged over $10,000 in fees.

Section 20 of the conflict of interest law prohibits a municipal employee from, directly or indirectly, having a financial interest in a contract made by the same municipality. As a BOH Inspector, Dean was a municipal employee. Dean's constable appointment was a contract made by the City through the Mayor in which the municipality was an interested party. Dean had a financial interest in that contract each time he charged fees for performing constable services for private property owners and managers. Therefore, according to the OTSC, Dean violated section 20 each time he collected fees for performing constable services.

Section 23(b)(3) prohibits a municipal employee from, knowingly, or with reason to know, acting in a manner which would cause a reasonable person, having knowledge of the relevant circumstances, to conclude that any person can improperly influence or unduly enjoy his favor in the performance of his official duties, or that he is likely to act or fail to act as a result of kinship, rank, position or undue influence of any party or person. The section further provides that it shall be unreasonable to so conclude if such officer or employee has disclosed in writing to his appointing authority the facts which would otherwise lead to such a conclusion. According to the OTSC, Dean performed BOH inspections at properties owned or managed by private parties for whom he had performed constable services, and he did not disclose these instances to his appointing authority. Therefore, Dean violated section 23(b)(3) on each occasion.

The Commission will schedule a public hearing in this matter within 90 days.