Press Release  Former Arlington Inspectional Services Director Michael Byrne pays $80,000 Penalty for Violating Conflict of Interest Law

Boston, MA — The State Ethics Commission has issued a Final Decision and Order allowing a Joint Motion to Dismiss and approving a Disposition Agreement in which former Arlington Inspectional Services Department Director Michael Byrne admits to repeatedly violating the conflict of interest law by allowing his own plumbing company to do work without permits or inspections at more than three-dozen Arlington sites, creating false permits for work his company performed, and through other actions. The Commission accepted Byrne’s payment of an $80,000 civil penalty and dismissed the adjudicatory proceeding against him.

Byrne was director of the town of Arlington’s Inspectional Services Department (ISD) from 1997-2021, during which time he also owned and operated Trademark Plumbing. As ISD Director, Byrne was responsible for enforcing the state building and plumbing codes. From 2016 through 2020, Byrne allowed Trademark Plumbing to perform plumbing work without permits at 37 locations and without inspections at eight locations. Byrne, as ISD Director, also performed inspections on Trademark Plumbing’s work at six locations, issued certificates of occupancy for two properties where the company did work, and created eight false plumbing permits for work the company had performed without permits. Byrne also issued a certificate of occupancy in 2017 for a building whose owner provided him with private loans totaling $25,000 in 2016, 2017, and 2018.

By allowing Trademark Plumbing to perform work without permits or inspections and by creating false permits for the company, Byrne violated the conflict of interest law’s prohibition against public employees using their official positions to obtain unwarranted valuable privileges.

The conflict of interest law also prohibits public employees from participating officially in matters in which they know they or their business have a financial interest. Byrne violated this prohibition by inspecting Trademark Plumbing’s work and issuing certificates of occupancy for properties where the company had done work.

Additionally, the conflict of interest law prohibits public employees from acting in a manner that would cause a reasonable person to conclude that they can be unduly influenced by anyone or are likely to act with favoritism toward anyone in their official actions. Byrne violated this prohibition by issuing a certificate of occupancy for property owned by the developer who provided him with private loans.

The Commission encourages public employees to contact the Commission’s Legal Division at 617-371-9500 for free advice if they have any questions regarding how the conflict of interest law may apply to them.

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