On September 23, 1984, you were hired as a recreational therapist at the Monson Developmental Center. In 1987, you were promoted to program director, a management position. As a program director, you were responsible for planning and directing activities for DDS clients, such as cooking classes. In or about 2011, you became a program manager responsible for overseeing the center's carpenters, grounds crew and other maintenance personnel.
During the relevant period, your appointing authority was the DDS Central/West Regional Director.
Closure of Monson Developmental Center
In 2008, Governor Deval Patrick's administration announced plans to close four state developmental centers as part of its "Community First Olmstead Plan" agenda. The plan identified four developmental centers for closure: Fernald, Monson, Templeton and Glavin. The Division of Capital Asset Management and Maintenance ("DCAMM") provided funding and technical support for the closures.
During the relevant period, 2012-2014, your spouse worked for Banas Sand and Gravel, a family-owned concrete business. Your spouse was an hourly employee, did not earn commissions, and did not have any ownership interest in the company. Your father-in-law was the company's president and treasurer, and had an ownership interest in the company. You were aware of your father-in-law's status with the company and of his ownership interest in it.
S&K Lawn Care is a landscaping company owned and operated by a close and longtime friend of your family. S&K Lawn Care is on a statewide contract for landscaping and related services.
In or about 2012, you were assigned to coordinate the closure of Monson Developmental Center. It is not clear who assigned you this task. The closure required the decommissioning of three swimming pools. DCAMM provided you with the specifications for the pool closures, which included filling the pools with clean sand or gravel.
In May 2012, a Monson maintenance manager obtained three quotes, including a quote from S&K Lawn Care, to close the three swimming pools. You signed off the purchase order for the work to begin and confirmed completion of the work so that S&K Lawn Care could receive payment. S&K Lawn Care charged $6,750 for the work and received payment in that amount.
You did not disclose your family's close and longtime friendship with the owner and operator of S&K Lawn Care to your DDS appointing authority.
The closure of the Monson center also required placement of concrete blocks around the perimeter of the 350-acre site. You solicited and received quotes from three companies, including Banas Sand and Gravel. You directly contacted your spouse by telephone in order to obtain Banas Sand and Gravel's quote, which was the lowest quote. You informed a DCAMM project manager that you had secured a quote from your spouse's company to supply concrete blocks, and asked whether it would be a problem. The DCAMM project manager responded that he did not know DDS's requirements but that at DCAMM, as long as there were quotes from three parties, there was no issue.
Thereafter, you signed off on the purchase order for delivery of the concrete blocks by Banas Sand and Gravel and confirmed delivery so that Banas Sand and Gravel could receive payment. Banas Sand and Gravel charged $4,310 for supplying and delivering the concrete blocks and received payment in that amount.
You did not disclose to your appointing authority or the State Ethics Commission that your immediate family had a financial interest in the contract to supply the concrete blocks for the Monson center.
Closure of the Glavin Developmental Center Pool
The Glavin Developmental Center was located in Shrewsbury, Massachusetts. In February 2013, Glavin maintenance workers sought vendors to decommission the Glavin swimming pool. A Glavin maintenance worker secured two quotes in the amounts of $17,500 and $14,665.1 The worker contacted S&K Lawn Care, but the company declined to submit a quote because of the distance to Glavin.
In or about June 2013, you were assigned to close the Glavin pool and to contact S&K Lawn Care for a quote. It is not clear who assigned you this task. Our information is that there was a push to close the pool prior to the end of the fiscal year, June 30, 2013.
You asked the owner of S&K Lawn Care to reconsider his decision not to submit a quote on the Glavin pool closure and to submit a quote under $I 0,000. You believed a quote over $10,000 would trigger a longer process that would impede your ability to close the pool before the end of the fiscal year. When the owner of S&K Lawn Care declined to submit a quote because of the distance, you suggested that he contact your spouse for recommendations as to companies near Shrewsbury to supply the fill for the pool.
After talking with your spouse, S&K Lawn Care submitted a quote of $9,876.45 to decommission the Glavin pool. In order to document that three quotes for the pool closure had been obtained, you added S&K Lawn Care's quote to the quote sheet containing the two quotes secured earlier by Glavin maintenance employees. The quote from S&K Lawn Care was not, however, in response to the same specifications as the earlier two quotes. The scope of work you provided to S&K Lawn Care required removal of a fence and the pool liner, and filling the pool with clean sand or gravel. By contrast, the earlier quotes were based on specifications provided by DDS maintenance workers requiring removal of the existing in-ground pool, filling the hole left after the pool's removal, and adding substantial landscaping, including spreading 50 yards of loam, fertilizing and planting grass seed.
S&K Lawn Care was awarded the contract for the Glavin pool closure. Banas Sand and Gravel was the subcontractor. Banas Sand and Gravel used its trucks to transport fill from a dealer near the Glavin center. Banas Sand and Gravel charged S&K Lawn Care $5,000.
You approved the purchase order for S&K Lawn Care to close the Glavin pool. S&K Lawn Care submitted a $9,876.45 invoice for the work. You approved the invoice. S&K Lawn was paid $9,876.45, and, in turn, paid Banas Sand and Gravel $5,000.
You did not disclose to your appointing authority or the State Ethics Commission that your immediate family had a financial interest in the Glavin pool-decommissioning contract or that S&K Lawn Care was owned and operated by a close and longtime friend of your family.
Additional Official Dealings with S&K Lawn Care
In November 2013, you assembled quotes for landscaping and snow removal at the Glavin center. You emailed five vendors under statewide contract, including S&K Lawn Care, and copied DCAMM and DDS staff on the email. S&K Lawn Care submitted the lowest quote and was awarded the contract.
In Spring 2014, you advocated for Spring cleanup and mowing services at the Glavin center and the Monson center cemeteries, among other parcels. You were advised that DDS would be reducing the landscaping and lawn services. You repeatedly requested lawn care services for the Glavin cemetery asking whether DDS should seek new quotes or use S&K Lawn Care.
Again, you did not disclose to your appointing authority that the owner and operator of S&K Lawn Care was a close and longtime friend of your family.