Letter Ruling  Public Education Letter in the Matter of Christopher Morin

Date:	09/30/2021
Organization:	David A. Wilson, Executive Director
Referenced Sources:	G.L. c. 268A, the Conflict of Interest Law, as Amended by c. 194, Acts of 2011

Public Education Letter

Dear Mr. Morin:

As you know, the State Ethics Commission conducted a preliminary inquiry into whether you violated the state conflict of interest law by: (1) contracting to purchase town-owned property while serving as a municipal employee; and (2) acting as agent for the Milford Club, LLC, while serving as a municipal employee. You cooperated fully with the inquiry.

On July 29, 2021, the Commission voted to find reasonable cause to believe that your actions, as described below, violated sections 17(c) and 20 of the conflict of interest law, General Laws chapter 268A, and authorized adjudicatory proceedings. The Commission further determined, however, that, in lieu of adjudicatory proceedings, the public interest would be better served by publicly discussing the facts revealed by the preliminary inquiry and explaining the application of the law to those facts in this Public Education Letter. By resolving this matter through this Public Education Letter, the Commission seeks to ensure that you and public employees in circumstances similar to those described below will have a clearer understanding of the conflict of interest law and how to comply with it.

The Commission and you have agreed that this matter will be resolved publicly with this educational letter and that there will be no formal proceedings against you. You have chosen not to exercise your right to a hearing before the Commission.  

The Facts

You have served on Milford’s Finance Committee for approximately eight years, and served as its Chair for approximately four years, including during the relevant time.

On February 26, 2019, you co-founded the Milford Club, LLC (“the Milford Club”) and you were a part-owner of the Milford Club during the relevant time. On March 14, 2019, you co-founded the Greater Milford Social Club (“the Social Club”).  

On April 5, 2019, the Milford Club purchased the former Foggiano Club property at 28 Granite Street, Milford (“the Club Property”), to be the site of the Social Club. During the purchase process, the Milford Club learned from its lender that a structure on the Club Property encroached upon a 0.073 acre parcel of town-owned land at Granite and Railroad Streets (“the Town Parcel”). The lender required the Milford Club to solve the encroachment issue in order to finalize its purchase of the Club Property, by either purchasing the Town Parcel from the town, or seeking a variance from the town, or removing the encroaching structure (a small storage room).

One of the Milford Club owners described the Club Property encroachment situation to Town Counsel. After a survey of town departments reflected no municipal need for the Town Parcel, Town Counsel determined that the Select Board could authorize its sale.

On April 8, 2019, the Select Board voted unanimously to declare the Town Parcel surplus property and offer it for sale by direct disposition to the owners of abutting property. On April 22, 2019, you submitted to the Town Treasurer a bid to purchase the Town Parcel on behalf of the Milford Club. The Town Treasurer accepted the Milford Club’s bid. On May 28, 2019, you signed the purchase and sale agreement on behalf of the Milford Club for its purchase of the Town Parcel from the town. On May 31, 2019, you signed an amendment to the purchase and sale agreement on behalf of the Milford Club.

The Conflict of Interest Law

Section 17

Section 17(c) of G.L. c. 268A prohibits a municipal employee from, other than in the proper discharge of his official duties, acting as agent for anyone other than the municipality in relation to any particular matter in which the municipality is a party or has a direct and substantial interest. The purpose of this prohibition is to prevent a municipal employee from dividing her loyalty between her public employer and a private entity.

The sale of the Town Parcel was a particular matter.[1] You acted as agent for the Milford Club in relation to that matter by submitting its bid to purchase the property from the town, and by signing the purchase and sale agreement, and the amendment thereto.[2] These actions taken on behalf of the Milford Club were not in the proper discharge of your official duties as Finance Committee Chair. The Town of Milford had a direct and substantial interest in the sale of the Town Parcel. Therefore, the Commission found reasonable cause to believe you violated § 17(c) of the conflict of interest law.

Section 20

Section 20 of G.L. c. 268A prohibits a municipal employee from having a financial interest in a contract with the same town other than his original arrangement for employment. This restriction applies to situations in which a municipal employee contracts to purchase goods, services, or property from the town. The purpose of § 20 is to prevent municipal employees from using their position to obtain additional contractual opportunities from their own municipality, and to avoid the public perception that they have an “inside track” on such opportunities.

As a part-owner of the Milford Club, you had a financial interest in its signed contract to purchase the Town Parcel. You knew you had a financial interest in the contract because you signed the purchase and sale agreement on behalf of the Milford Club, and you knew that the contract would allow the Milford Club to complete its purchase of the Club property. Therefore, the Commission found reasonable cause to believe you violated § 20 of the conflict of interest law. Although there are several exemptions to § 20, none of them were applicable to you.

Disposition

Based upon its review of this matter, the Commission has determined that the public interest would be best served by the issuance of this Public Education Letter and that your receipt of this letter should be sufficient to ensure your understanding of and future compliance with the conflict of interest law.

This matter is now closed.

[1] “Particular matter” includes any contract, claim, controversy, decision or determination. G.L. c. 268A, §1(k).

[2] “Acting as agent” is defined broadly and includes any form of acting on behalf of another person or entity, including signing documents for submission to a board or department, appearing personally before a committee, and speaking to anyone on behalf of another person or entity.