Enforcement Division Alleges Conflict of Interest Law Violation by Former Worcester County Sheriff Guy W. Glodis
Inmate improperly released on work release program after Glodis received a request from a friend and campaign supporter
The Enforcement Division of the State Ethics Commission filed an Order to Show Cause (“OTSC”) alleging that former Worcester County Sheriff Guy W. Glodis (“Glodis”) violated G.L. c. 268A, the conflict of interest law, by contacting officials at the Worcester County Jail (“WCJ”) after receiving a request from David Massad, a friend and campaign supporter, to place a certain inmate in the work release program. According to the OTSC, Massad has significant business interests in Worcester. One of Massad’s employees (the “Inmate”), who was overseeing a Massad construction project, was due to begin a four month sentence of incarceration at the WCJ for a larceny conviction. On October 28, 2009, the day before the Inmate was scheduled to begin his sentence, Massad contacted Glodis and asked if the Inmate could be placed on work release so he could continue to oversee the project for Massad. Glodis agreed to contact WCJ officials about the request. He told Massad that someone from the WCJ would contact him if the Inmate could be placed on work release. The next day, a WCJ official contacted Massad and told him the Inmate would be placed on work release provided that Massad assumed responsibility to pick up and return the Inmate to the WCJ. The Inmate participated in the work release program from October 30, 2009 through December 19, 2009, the period of his incarceration.
The OTSC states that under the WCJ’s policies, inmates are not eligible to participate in the work release program if they have any warrants or cases pending before any courts. The Inmate who was Massad’s employee had a pending court case, and, therefore, was ineligible to participate in the WCJ work release program. Nonetheless he was placed on work release on the afternoon of October 30, 2009, the day after he began his sentence.
Section 23(b)(2)(ii) of the conflict of interest law prohibits a state employee from knowingly, or with reason to know, using or attempting to use his official position to secure for himself or others unwarranted privileges or exemptions which are of substantial value and which are not properly available to similarly situated individuals. Section 23(b)(3) prohibits a state 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 of fail to act as a result of kinship, rank, position or undue influence of any party or person.
The OTSC alleges that Glodis violated section 23(b)(2)(ii) by using his position as Worcester County Sheriff to cause the Inmate to be placed on work release even though the Inmate was not eligible to participate in the work release program, thus providing an unwarranted privilege to the Inmate and/or Massad, Glodis’ friend and campaign contributor, or by failing to take affirmative action to prevent that result. The OTSC alleges that Glodis violated section 23(b)(3) by taking the actions described above with respect to the request from Massad, creating the appearance of a conflict of interest.
The Commission will schedule the matter for a public hearing within 90 days.
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