I. Administration
A. Former Town Accountant
The Office conducted a joint investigation with the Attorney General’s Office that led to multiple indictments against Justin Cole, the former town accountant for the town of Uxbridge, for allegedly stealing more than $930,000 from the towns of Uxbridge, Monterey, Wenham and Millville between December 2012 and June 2018.
Mr. Cole worked as Uxbridge’s town accountant between 2007 and 2018. During the same time period, Mr. Cole also provided accounting services to the towns of Wenham, Millville and Monterey through his company, Baystate Municipal Accounting Group. According to the allegations in the indictment, Mr. Cole stole money from the towns by submitting fake invoices from companies he owned for services those companies never provided. Mr. Cole also used town of Uxbridge funds to buy software and pay rent for his private businesses. The indictments allege Mr. Cole stole $855,475 from Uxbridge, $24,597 from Monterey, $47,600 from Millville and $3,478 from Wenham.
Mr. Cole was indicted on seven counts of larceny over $250, two counts of larceny over $1,200, six counts of presentation of false claims, four counts of unwarranted privilege by a municipal employee and one count of financial interest by a municipal employee. Mr. Cole is presumed innocent until proven guilty.
B. Former Mayor of Fall River and Associates
The Office has previously reported on the criminal cases involving former Fall River Mayor Jasiel F. Correia II and his associates. In 2018, Mr. Correia was indicted for allegedly defrauding investors in a company called SnoOwl by using company funds on vacations, entertainment and other personal expenses. In 2019, a federal grand jury charged Mr. Correia with bribery, conspiracy to commit extortion, extortion, aiding and abetting, wire fraud and filing false tax returns. Several of the charges alleged he extorted more than $600,000 in cash and other benefits from individuals seeking to open licensed marijuana businesses in Fall River. The indictments were the result of a joint investigation by the Office, the U.S. Attorney’s Office, the Federal Bureau of Investigations, the Internal Revenue Service and the U.S. Department of Housing and Urban Development. Mr. Correia’s trial on the SnoOwl-related fraud and extortion charges started April 20, 2021. Mr. Correia is presumed innocent until proven guilty.
Also in 2019, charges were filed against three other individuals who had roles in the alleged extortions of marijuana businesses. Hildegar Camara, David Hebert and Antonio Costa were charged separately with extortion conspiracy and extortion. Each was also charged with making false statements to federal agents. All three pled guilty in September 2019 and have cooperated with the government. They are awaiting sentencing.
Additionally in 2019, Mr. Correia’s former chief of staff, Genoveva Andrade, was indicted on charges of extortion conspiracy, extortion, bribery and making false statements. On December 14, 2020, Ms. Andrade pled guilty to extortion conspiracy, extortion, bribery and making false statements. Specifically, Ms. Andrade admitted to conspiring with Mr. Correia to extort $150,000 in cash from one businessman and to extort other benefits – including a Rolex watch – from a second businessman. Ms. Andrade also admitted to kicking back half her city salary to Mr. Correia for the first nine months of her employment as his chief of staff. Additionally, she admitted to making false statements to federal agents investigating Mr. Correia. Ms. Andrade is scheduled for sentencing on June 10, 2021. Mr. Correia and others charged are presumed innocent until proven guilty.
Finally, charges have been filed against three other individuals who had roles in the alleged extortions of marijuana businesses: Hildegar Camara, David Hebert and Antonio Costa. All three have pled guilty and are awaiting sentencing.
C. West Newbury Select Board
The Office reviewed allegations that a member of the West Newbury Select Board, Glenn Kemper, owed the town thousands of dollars. The Office found that Mr. Kemper owed the town over $29,440 for his share of premiums for health insurance provided by the town. For several years, Mr. Kemper disregarded town employees’ attempts to collect his debt. Finally, the other Select Board members knew about Mr. Kemper’s debt but failed to require him to repay the town.
Mr. Kemper has served on the West Newbury Select Board most of the past 16 years. He served as chair of the Board in fiscal years 2010, 2016 and 2019.2 Mr. Kemper began participating in the town’s health insurance program in May 2012. He consistently paid his portion (50%) of the monthly premiums until May 2013. After that, his payments became sporadic. By the time the town’s finance director cancelled Mr. Kemper’s health insurance on December 31, 2016, Mr. Kemper owed the town $29,440. Over the next two years, Mr. Kemper repaid just $2,000 of his debt. He paid off the balance – $27,440, not including interest – after learning of the Office’s investigation.
The Office’s review revealed that by virtue of his position, Mr. Kemper avoided paying for health insurance premiums that all other participating town employees had to pay, in essence giving himself an interest-free loan from the town. Further, the other members of the Select Board relied on town employees to collect the debt, rather than implementing a plan themselves. In doing so, the other selectmen did not consider Mr. Kemper’s position and authority over the employees who were attempting to collect his debt. The other selectmen failed in their responsibilities to town employees and the town.
In its letter, the Office recommended:
- The town revise its policies and procedures to include clear and precise parameters for participating in the town’s health insurance program; and
- The Select Board take the Office’s free training for members of public boards and commissions.
D. The Office Provides Guidance to the Plymouth County Commissioners’ Office on Oversight of CARES Act Funds
In 2020, Plymouth County (County) received $90 million from the federal government under the Coronavirus Aid, Relief and Economic Security (CARES) Act to distribute to the 27 cities and towns located in the county.3 Shortly thereafter, Plymouth County Commissioner Gregory Hanley sought guidance from the Office regarding oversight of the funds.
The Office recommended that Plymouth County assign responsibility for the funds to the Commonwealth, which had received CARES Act funds to allocate to the rest of the state.4 In addition, the Commonwealth had extensive experience distributing and tracking federal funds. Plymouth County lacked that expertise; nor did it have experience related to COVID-19, public health or public administration. It therefore was not suited to evaluating competing needs or to properly allocate these crisis funds to Plymouth County communities.
Plymouth County did not assign the funds to the state, and the Office therefore continued to provide guidance to the Commissioners. In August 2020, the Office recommended that the County:
- Maximize available federal funding sources by requiring communities to seek reimbursement from the Federal Emergency Management Agency before applying for CARES Act funds;
- Develop a comprehensive budget for the administrative costs that the County would incur in connection with distributing and overseeing the CARES Act funds;
- Renegotiate contracts with the law firm and accounting firm that the County hired to oversee the distribution of the CARES Act funds, including capping the fee the firms could charge;
- Follow Massachusetts procurement laws and encourage county departments, cities and towns to take advantage of statewide contracts when making purchases that qualify for CARES Act reimbursement; and
- Allocate a portion of CARES Act funding to support the reopening of schools.
II. Education
A. Former Boston Public School Headmaster
The Office reviewed the post-retirement employment of Linda Nathan and determined that she violated the earnings limitations in Section 91 of Chapter 32 of the Massachusetts General Laws (Section 91).
When an individual retires from public service in Massachusetts, state law limits the amount of money the individual can subsequently earn from a public entity. This reflects a policy decision that an individual should not earn more from the state as a retiree than they would have had they continued to work. Consequently, Section 91 limits post-retirement earnings from a public entity to the difference between the retiree’s yearly pension and “the salary that is being paid for the position” that the individual held when they retired.5 If an individual violates this earnings cap, the law allows retirement boards to collect the overearnings.
In September 2014, Ms. Nathan retired from the Boston Public Schools after working in the public sector for more than 32 years. The Retirement Board calculated her initial annual pension as $103,842, and shortly after she retired, she began receiving a monthly pension of $8,654.
In November 2015, Ms. Nathan accepted a full-time position as executive director of the Center for Artistry and Scholarship (CAS), a non-profit established by the Conservatory Lab Charter School (CLCS) to assist CLCS in meeting certain charter school responsibilities. CLCS is a public school and it receives public funding.
As CAS’s executive director, Ms. Nathan earned $150,000 and was one of CLCS’s top decision makers. She drafted budgets, provided program evaluations and served as the charter school’s public spokeswoman. Documents created in 2017 and 2018 – before Ms. Nathan’s Section 91(b) compliance came under scrutiny – state that during her first two years at CAS, Ms. Nathan devoted the majority of her time to CLCS. In fact, in December 2017, Ms. Nathan told the Department of Elementary and Secondary Education that during the 2016-2017 school year she had spent 75% of her time on CLCS business. She told DESE she continued to spend 60% of her time on CLCS during the 2017-2018 school year.
The Office found that as executive director of CAS, Ms. Nathan was being paid to provide services to CLCS, a public entity. As a result, Ms. Nathan’s earnings were subject to the limits in Section 91. Based on Ms. Nathan’s self-reporting of time spent conducting CLCS business, the Office concluded that Ms. Nathan’s overearnings totaled $67,979 for the years 2016 to 2019.
In its letter, the Office recommended that the Boston Retirement Board review Ms. Nathan’s earnings, calculate her overearnings and reduce Ms. Nathan’s pension until she has repaid the overearnings. The Boston Retirement Board is currently in settlement negotiations with Ms. Nathan.
B. Burlington Public School Superintendent
Following a hotline tip, the Office reviewed the superintendent of Burlington Public Schools’ use of school resources and the management of a school bank account. The Burlington School Committee and school employees cooperated throughout the investigation.
The Office concluded that Eric Conti, the superintendent of Burlington Public Schools (BPS), regularly used school resources in ways that were not authorized by his employment contract. The Office also concluded that the clause allowing Dr. Conti to use school resources was likely void because state ethics law prohibits using public property for personal purposes. The Office also found that the school inappropriately used a bank account to reimburse employees for purchases that should have been submitted to the town for approval.
In 2015, the BPS School Committee approved contract language allowing Dr. Conti “reasonable use of the district’s facilities and equipment when not in conflict with student programming.” When Dr. Conti asked the School Committee for this contract language, he gave the example that he wanted to use the gym and shower facilities in the time between the end of his workday and School Committee meetings.
The reasonable-use language in Dr. Conti’s contract, and in other school employees’ contracts, effectively ignored the provision in the state conflict-of-interest law that prohibits public employees from receiving unwarranted privileges.6 The Office did not find that this was the School Committee’s intent; however, public officials cannot contract around the conflict-of-interest law. As a result, the contract language was likely void and unenforceable.
The Office also found that Dr. Conti’s use of BPS equipment exceeded the terms of his contract. For example, Dr. Conti used BPS equipment to repair his car, refurbish barn doors for his farm and to haul materials to his Virginia farm. In addition, other school employees used school equipment to help Dr. Conti with his, and their own, personal projects.
The Office also found that BPS used a bank account to reimburse employees for training and travel expenses; this violated BPS’s policies and lacked internal controls. Specifically, based upon BPS’s reimbursement policy, the town of Burlington should have directly paid employee reimbursements, not BPS, and the reimbursement should have been subject to multiple levels of review prior to payment. In addition, the superintendent’s secretary was responsible for the reimbursement account, which meant that when Dr. Conti required reimbursement, his subordinate was responsible for approving the request.
Furthermore, BPS used the account to deposit checks and cash that should have been deposited into separate, more appropriate accounts.
In its letter to BPS, the Office recommended that the School Committee eliminate the clause regarding the use of facilities and equipment from all BPS employee contracts. The Office also recommended that the School Committee actively oversee the superintendent’s performance, including contract compliance, and that every committee member complete annual state ethics training. The Office also recommended BPS follow its reimbursement policy, expand internal controls and work with the Department of Revenue’s Division of Local Services to ensure the school follows proper accounting processes.
BPS reported that, in response to the Office’s recommendations:
- BPS administrators stopped using the district’s equipment and facilities for personal projects;
- The School Committee removed the clause that allowed personal use of BPS facilities and equipment from all employment contracts;
- The School Committee plans to complete state ethics training by June 2021; and
- BPS stopped using the reimbursement account when it hired a new school business manager in 2017. The account was permanently closed in January 2020.
C. Former METCO Director
The Office conducted a joint investigation with the Essex County District Attorney’s Office into spending by a former director of the Marblehead METCO program.7 The investigation found evidence that the former director, Francois Fils-Aime, stole approximately $20,000 from a fund that was intended to benefit students. In particular, the investigation found evidence that Mr. Fils-Aime used a bank account referred to as “the Marblehead METCO Sunshine Fund” for his personal benefit, including for restaurant meals. The account was funded by METCO parents’ yearly dues, as well as by donations from individuals and organizations.
Following the joint investigation, a grand jury indicted Mr. Fils-Aime on larceny charges. In March 2021, Mr. Fils-Aime admitted to sufficient facts for a guilty finding both larceny charges. Mr. Fils-Aime received a year of unsupervised probation and he must complete 100 hours of community service. He must also pay $10,000 in restitution to the Marblehead Public Schools. The case was continued without a finding subject to Mr. Fils-Aime repaying the $10,000 and successfully completing his probation.
III. Housing
A. Former Manager of Non-Profit Housing Agency Stole Over $45,000
The Office, in a joint investigation with the Attorney General’s Office, found that Donna Scott stole more than $45,000 from her employer, Heading Home, Inc.
Heading Home provides emergency shelter, transitional housing, permanent housing and supportive services to homeless and formerly homeless families and individuals. It is partially funded by grants from the state’s Department of Housing and Community Development. Ms. Scott was a program manager at Heading Home at the time of the theft. She left Heading Home in 2016. The Office and the Attorney General’s Office found that Ms. Scott stole $45,132.59 that was intended to provide services to individuals and families experiencing homelessness.
In December 2020, Ms. Scott pled guilty in Suffolk Superior Court to one charge of larceny over $250. Ms. Scott was sentenced to three years of probation, including one year of home confinement, and was ordered to pay restitution of $45,132.59 to Heading Home.
B. Hingham Housing Authority
Following an investigation, the Office found that Sharon Napier, the former executive director of the Hingham Housing Authority (HHA), promoted her interests over HHA’s by hiring a vendor with whom she had a personal and financial relationship.
In March 2006, Ms. Napier incorporated Housing Inspectional Services (HIS) with Patrick Rossetti, with whom she lives. Also, in 2006, HHA hired HIS to conduct inspections for its apartments. When Ms. Napier joined HHA in 2011, she continued to use HIS to perform inspections. She oversaw HIS’s work, approved HIS’s invoices and processed payments to HIS.
During Ms. Napier’s time at HHA, the housing authority paid HIS nearly $43,000, ranging between $5,000 and $6,800 per year. This accounted for about 10% of HIS’s revenue. During the same period, Mr. Rossetti wrote a total of $94,950 in checks from HIS to “cash,” which Ms. Napier deposited in her personal checking account just before paying the mortgage for the home they shared. The payments ranged between $900 and $1,000 per month when they lived in a condominium – about 60% of the mortgage payment – and increased to $2,300 per month in December 2016 when they moved into a house – slightly more than 100% of the mortgage payment.
In addition, the Office found that the HHA Board of Directors (Board) inappropriately paid more than $10,000 for Ms. Napier’s legal fees in connection with an investigation by the State Ethics Commission into her conduct at HHA. Following its investigation, the State Ethics Commission fined Ms. Napier $2,500 for violating the state’s conflict-of-interest law. The same week that Ms. Napier paid her fine, she asked HHA for $3,551.20 in “special pay,” which resulted in her net pay being $2,496.94 higher than normal. The Office found inconsistencies in the back-up documentation Ms. Napier submitted to justify the “special pay.”
Finally, the Office found that the former HHA Board’s inattention during Ms. Napier’s tenure resulted in poor governance and insufficient oversight.
In its letter to the Board, the Office recommended that:
- HHA Board members attend the Office’s free training for members of public boards and commissions;
- The HHA Board review its policies and procedures, including its payroll and reimbursement processes; and
- The HHA Board require its staff to complete procurement and conflict-of-interest trainings.
In response to the Office’s recommendations, the HHA Board, which now includes several new members, has made efforts to improve the management at HHA and increase its oversight of the housing authority’s operations. During the Office’s investigation, the HHA Board entered into an agreement with the Quincy Housing Authority to oversee HHA’s daily operations. The HHA Board has also made improvements to its own operations and its oversight of the HHA.
C. Georgetown Housing Authority Executive Director
In 2019, the daughter of the executive director at the Georgetown Housing Authority received a rental unit at the housing authority. In response to a hotline tip, the Office reviewed the application and selection process for that rental unit. The Office found that although the executive director’s daughter was eligible for a rental unit, the Georgetown Housing Authority failed to follow state regulations designed to avoid favoritism when family members apply for public housing. In addition, the executive director provided substantial assistance to her daughter, including completing and hand-delivering her daughter’s application to a subordinate when she knew a unit was available.
In its letter, the Office recommended that:
- The Department of Housing and Community Development create a policy requiring housing authority employees to recuse themselves when family and friends apply for housing; and
- The Georgetown Housing Authority adopt written policies that outline its application process.
In November 2020, DHCD issued a public housing notice alerting all housing authorities to the issues raised by the Office. The executive director of the Georgetown Housing Authority wrote to the Office saying she accepted all its findings and recommendations.
IV. Public Safety
A. Methuen Police Department
In 2020, the Office completed its review of two Methuen Police Department contracts and found a failure of leadership at all levels of city government. The contracts, approved in 2017 by then-Mayor Stephen Zanni and the Methuen City Council, included excessive raises for longtime Methuen Police Chief Joseph Solomon as well as for the department’s sergeants, lieutenants and captains. The Office also found that the president of the superior officers’ union acted inappropriately when he drafted the superior officers’ contract.
In 2018, the Office began reviewing the negotiations surrounding the collective bargaining agreement between the city of Methuen (City) and the superior officers’ union representing the sergeants, lieutenants and captains who work for the Methuen Police Department. In February 2019, the Office issued a letter finding that Mr. Zanni and the Methuen City Council violated various laws, rules and duties of care to the City in connection with the superior officers’ contract.
In 2020, the Office continued its review of the superior officers’ contract and expanded its work to include Chief Solomon’s employment contract for the period from March 1, 2017, to February 28, 2022.
The Office found leadership failures at all levels of city government. As mayor, Mr. Zanni approved unprecedented changes to the superior officers’ contract without considering their potential financial impact and without asking the city auditor to assess the impacts. The changes included an expanded definition of base pay and other provisions that significantly increased the superior officers’ total compensation. Nevertheless, Mr. Zanni signed the contract without reading the entire document or asking the city solicitor to review the terms. City officials also did not review the final contract before presenting it to the City Council for approval. Mr. Zanni also failed to exercise due diligence when he negotiated Chief Solomon’s contract extension.
In addition, the Office found that the president of the superior officers’ union, Captain Gregory Gallant, revised the contract after the superiors’ union had ratified it, making changes that City officials had not agreed to. Captain Gallant’s changes included expanding the definition of base pay and creating a formula designed to maximize the superior officers’ total compensation. Captain Gallant’s alterations resulted in 35% to 183% raises for superior officers.
Furthermore, Chief Solomon knew about these changes and violated his obligations to the City when he remained silent about the unapproved language that indirectly but substantially raised his compensation, making him one of the highest paid police chiefs in the country. Furthermore, Chief Solomon may have had a conflict of interest when he served on the City’s negotiating team for contracts that increased his compensation.
The Office recommended that:
- All City officials, including the chief of police, put the City’s interests above their own.
- The mayor exercise due diligence in all contract negotiations;
- The mayor provide strong oversight of all department heads, including Chief Solomon; and
- The mayor evaluate all available avenues of discipline against Chief Solomon and Captain Gallant.
After the Office issued its report, Methuen’s new mayor, Mayor Neil Perry, immediately placed Chief Solomon and Captain Gallant on paid administrative leave. Shortly thereafter, in January 2021, Chief Solomon announced his retirement. The Office commended the Mayor Perry for taking steps to improve oversight and governance in Methuen.
V. State Services
A. Former Director of Commonwealth Print Services
The Office conducted a joint investigation with the Attorney General’s Office and found evidence that Glenn Kendall, the former director of Commonwealth Print Services (CPS), used state resources for his private printing company.
CPS is a state-owned facility that provides copying and printing services to state agencies and the public. Mr. Kendall worked at CPS from 2005 through 2018, the last seven years as its director. During this same time period, Mr. Kendall also owned KenCo Printing (KenCo), a printing business in Medford.
The Office’s joint investigation found evidence that in 2017 and 2018, Mr. Kendall used CPS’s computers, copiers and other equipment to fulfill orders from his KenCo customers. Using KenCo invoices, he then billed his customers more than $20,000 for these jobs, which comprised more than 100,000 pages of print.
On December 18, 2020, a state trooper assigned to the Attorney General’s Office took out a complaint in the Boston Municipal Court against Mr. Kendall for two counts of unwarranted privilege under the state ethics law, which bars public employees from using their official position for personal gain.8 On December 21, 2020, Mr. Kendall admitted to sufficient facts to warrant a guilty finding on the charges against him. The case has been continued without a finding subject to Mr. Kendall completing three years’ probation and paying $20,000 in restitution to the state.
Additional Resources
Contact for OIG Annual Report 2020: Audit, Oversight and Investigations Division
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| Date published: | April 30, 2021 |
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