Press Release  Enforcement Division Alleges Conflict of Interest Law Violations by MBTA Painters Foreman Darryl Clark

Solicited loans from subordinate employees

Boston, MA — The Ethics Commission’s Enforcement Division issued an Order to Show Cause (“OTSC”) alleging that Massachusetts Bay Transportation Authority (“MBTA”) Painters Foreman Darryl Clark (“Clark”) violated G.L. c. 268A, the conflict of interest law, by asking two subordinate employees to lend him money.

According to the OTSC, in 2010 Clark was supervising the painting of MBTA train cars.  In this role, Clark supervised the MBTA temporary painters by giving them assignments and controlling their work schedules.  During the summer of 2010, Clark separately approached two temporary painters during work and asked them to loan him $500 and $300, respectively.  Clark did not have a social or personal relationship with either employee.  Neither employee loaned Clark any money.

Section 23(b)(2)(i) of the conflict law prohibits a state employee from knowingly, or with reason to know, soliciting or receiving anything of substantial value for such employee, which is not otherwise authorized by statute or regulation, for or because of the employee’s official position.  Section 23(b)(2)(ii) 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 available to similarly situated individuals.  The OTSC alleges that Clark violated the conflict of interest law by soliciting loans from the two painters because of his official position, and because Clark’s solicitation was inherently coercive because of the nature of the superior-subordinate relationship.

The Commission will schedule the matter for a public hearing within 90 days.

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