Press Release  State Ethics Commission Finds Former State Auditor’s Office Consultant Jeffrey Fournier Violated Conflict of Interest Law

Boston, MA — The State Ethics Commission has issued a Final Decision and Order finding that Jeffrey Fournier, formerly a consultant to the Office of the State Auditor, violated the conflict of interest law by pitching his private company’s services to two state agencies in response to the findings of an OSA audit, and by using or attempting to use his position as an OSA consultant to gain access to those agencies to make his sales pitch.

During the nearly six years Fournier worked for the OSA as an information technology consultant, he also became a founding partner and principal of a private risk analysis services company, Riscovery, Inc. In December 2017, the OSA released an audit report finding that the Department of Children and Families did not effectively identify and investigate injuries to children in its care or report all critical incidents to the Office of the Child Advocate. The audit report recommended that DCF require its staff to routinely monitor Medicaid Management Information System data to help identify critical incidents involving children in DCF care.

Shortly after the audit report was released, Fournier contacted DCF and OCA on behalf of Riscovery, identified himself as an OSA consultant, and pitched and attempted to gain access to DCF and OCA to sell the two agencies Riscovery’s services to monitor Medicaid Management Information System data.

The conflict of interest law prohibits state employees, including consultants to state agencies like Fournier who personally provide professional, highly specialized services to the state agencies, from representing or acting on behalf of anyone other than the Commonwealth in connection with any matter in which a state agency is a party or has a direct and substantial interest. In addition, the conflict of interest law prohibits public employees from using or attempting to use their official positions to obtain for themselves or others valuable privileges and other benefits that are not properly available to them or others in similar situations. Fournier violated these prohibitions by contacting DCF and OCA on behalf of Riscovery and using or attempting to use his position as an OSA consultant to gain access to DCF and OCA to pitch his company’s services to the two state agencies.

The Commission did not assess a civil penalty against Fournier. The Decision and Order discusses mitigating factors, including Fournier’s interpretation of legal advice he received from the OSA, and the fact that neither Fournier nor Riscovery obtained any paid work as a result of Fournier’s violations.

The issuance of the Decision and Order concludes the Commission’s adjudicatory proceeding concerning Fournier. Fournier has 30 days within which to file an appeal in the Superior Court.

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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