Lynn Board of Health Sanitary Inspector Daniel Dean Pays $5,000 Civil Penalty for Conflict of Interest Law Violations
Dean Enters into a Disposition Agreement to Resolve Conflict of Interest Law Violations
The adjudicatory hearing was initiated by the Commission's Enforcement Division by the filing of an Order to Show Cause on September 7, 2010. In the Agreement, Dean admitted that he repeatedly violated sections 20 and 23(b)(3) of the conflict of interest law by serving as both a Health Inspector and an appointed city constable, and by failing to disclose instances where he conducted inspections on properties owned by parties for whom he had performed private constable services.
According to the Agreement, Dean has been a Health Inspector since 2004. He was appointed a constable by the City's Mayor in 2005. In 2006, he was hired by Picano Constable Services, owned by fellow Health Inspector Louis Picano ("Picano") to perform private constable services. From 2006 through 2008, Dean performed constable services for private parties on approximately 193 occasions, for which he was paid a total of approximately $3,000. In addition, during this time, on at least six occasions, he conducted inspections in his capacity as Health Inspector on properties owned by parties for whom he performed private constable services.
Section 20 of the conflict of interest law prohibits a municipal employee from having a financial interest, directly or indirectly, in a contract made by a municipal agency of the same city, in which the same city is an interested party, of which financial interest the employee has knowledge or reason to know. The Agreement states that Dean violated section 20 on each occasion that he was paid for performing constable services for private parties pursuant to his municipal constable appointment.
Section 23(b)(3) of the conflict of interest law 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 employee has disclosed in writing to his appointing authority the facts which would otherwise lead to such a conclusion. The Agreement states that Dean violated section 23(b)(3) on each of the at least six occasions that he conducted health inspections on properties owned by private parties for whom he had performed private constable services pursuant to his municipal constable appointment. Dean did not disclose to his appointing authority that he had previously performed constable services at properties where he was conducting health inspections.
According to the Agreement, Dean claimed that Picano did not tell him that Picano had been previously notified by the Ethics Commission that section 20 prohibited Health Inspectors from also holding City constable positions, unless the constable work was part of their Health Inspector duties and they did not receive additional compensation for performing constable services, and that performing health inspections of properties owned by private parties for whom they performed constable services violated section 23(b)(3). Dean claimed that Picano advised Dean that it was proper for Dean to perform constable services.
"The conflict law generally prohibits full-time municipal employees from holding additional municipal positions," stated Executive Director Karen L. Nober. "In addition, municipal employees must always disclose to their appointing authorities any situations involving outside interests which would create the appearance of a conflict of interest."