The State Ethics Commission (“Commission”) and Keith Mackenzie-Betty (“Mackenzie-Betty”) enter into this Disposition Agreement pursuant to Section 3 of the Commission’s Enforcement Procedures. This Agreement constitutes a consented-to final order enforceable in the Superior Court, pursuant to G.L. c. 268B, § 4(j).
On July 20, 2016, the Commission initiated, pursuant to G.L. c. 268B, § 4(a), a preliminary inquiry into possible violations of the conflict of interest law, G.L. c. 268A, by Mackenzie-Betty. On March 16, 2017, the Commission concluded its inquiry and found reasonable cause to believe that Mackenzie-Betty violated G.L. c. 268A, § 23(b)(2)(ii).
The Commission and Mackenzie-Betty now agree to the following findings of fact and conclusions of law:
Findings of Fact
1. During the relevant time, Town of Barnstable resident Mackenzie-Betty was a building design architect for the Town of Barnstable (“Town”) Department of Public Works (“DPW”).
2. As a building design architect, Mackenzie-Betty designs improvements to Town structures.
3. On occasion, the DPW Structures and Grounds Department uses the Barnstable County Sheriff Office’s Community Service Work Crew (“inmate work crew”) to work on making improvements to Town-owned properties.
4. The inmate work crews are available to non-profit organizations and federal, state, county or municipal governmental entities.
5. The requesting nonprofit organization or governmental entity provides the materials for the work. The inmate work crew provides free labor, including painting, landscaping, carpentry, roofing, siding, simple construction, demolition, moving and maintenance services.
6. On December 22, 2014, Mackenzie-Betty used his DPW email to submit two applications to the Barnstable County Sheriff's Office for inmate work crews.
7. The first application was for an inmate work crew to replace wall shingles on a Town-owned pottery barn.
8. The second application was for an inmate work crew to replace the roof shingles on a two-story house. The two-story house was Mackenzie-Betty’s private residence. Mackenzie-Betty did not disclose this fact to the Barnstable County Sheriff's Office.
9. Mackenzie-Betty identified “Mackenzie-Betty/Department of Children and Families” as the organization requesting the inmate crew. Mackenzie-Betty did not distinguish between himself and the DPW. While Mackenzie-Betty occasionally provided emergency foster care, including foster care of a child for two days in December 2014, Mackenzie-Betty did not have any foster children residing with him when he submitted the application for the inmate crew and did not communicate with the Department of Children and Families regarding his roof replacement.
10. Mackenzie-Betty used his Town issued email account and Town-issued cell phone to communicate with the Barnstable County Sheriff's Office regarding scheduling and managing the replacement of the roof on his private residence.
11. Mackenzie-Betty purchased the shingles and other roofing materials with his own funds. An inmate work crew replaced Mackenzie-Betty’s roof shingles over the course of approximately six days in October 2015. These were at least 7-hour days, including lunch and transportation of the inmates to and from the jail.
12. The value of the labor provided by the inmate work crew was approximately $4,204. A Barnstable County Sheriff's Office employee supervised the inmates for at least 7 hours per day at $40/hour. The total cost to the Barnstable County Sheriff's Office to supervise the inmate work crew at Mackenzie-Betty’s home was $1,680.
Conclusions of Law
13. Section 23(b)(2)(ii) of G.L. c. 268A prohibits a municipal 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.
14. As a Barnstable DPW building design architect, Mackenzie-Betty is a municipal employee because he holds a position in a municipal agency. G.L. c. 268A, § 1(g).
15. The free inmate work crew for the Mackenzie-Betty’s roof project was a privilege.
16. The privilege was unwarranted because Mackenzie-Betty was neither a governmental entity, nor a nonprofit organization, and was therefore ineligible for an inmate work crew.
17. This unwarranted privilege was of substantial value[1] because the inmate labor and the Barnstable County Sheriff's Office supervision of the inmates were worth approximately $5,884 in total.
18. The unwarranted privilege was not properly available to similarly situated individuals because persons who were neither governmental entities, nor nonprofits organization are unable to secure inmate work crews for private projects.
19. By sending his private roof project application to the Barnstable County Sheriff’s Office along with a legitimate DPW application, and using his DPW assigned email and his DPW-issued phone to manage his private roof project, Mackenzie-Betty used his official position to secure this unwarranted privilege for himself.
20. Thus, by using his official position as a DPW building design architect to secure an inmate work crew for his private roof project, Mackenzie-Betty knowingly or with reason to know used his official position to secure an unwarranted privilege of substantial value for himself that was not properly available to similarly situated individuals in violation of G.L. c. 268A, § 23(b)(2)(ii).
In view of the foregoing violations of G.L. c. 268A by Mackenzie-Betty, the Commission has determined that the public interest would be served by the disposition of this matter without further enforcement proceedings, on the basis of the following terms and conditions agreed to by Keith Mackenzie-Betty:
(1) that Keith Mackenzie-Betty pay to the Commonwealth of Massachusetts, with such payment to be delivered to the Commission, the sum of $8,000 as a civil penalty for violating G.L. c. 268A, § 23(b)(2)(ii); and
(2) that Keith Mackenzie-Betty waive all rights to contest, in this or any other administrative or judicial proceeding to which the Commission is or may be a party, the findings of fact, conclusions of law and terms and conditions contained in this Agreement.
