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Press Release

Press Release  State Ethics Commission Issues Public Education Letter to Environmental Police Major Kevin Clayton

Commission found reasonable cause to believe Clayton violated law by providing private attorney opportunity to promote his law practice at MEP training
For immediate release:
7/26/2022
  • State Ethics Commission

Media Contact   for State Ethics Commission Issues Public Education Letter to Environmental Police Major Kevin Clayton

David Giannotti, Public Education and Communications Division Chief

Boston, MAThe State Ethics Commission issued a Public Education Letter today to Massachusetts Environmental Police Major Kevin Clayton after finding reasonable cause to believe he violated the conflict of interest law by providing an attorney with whom he is friendly the opportunity to promote his private law practice at a mandatory MEP training.

At a 2020 training required for all MEP officers in the South Coastal Regional Bureau, Clayton, then an MEP captain and Deputy Chief of Enforcement, played a 40-minute prerecorded webinar by the private attorney about police on-the-job injuries, according to the Public Education Letter. During the prerecorded webinar and in a live videoconference with the MEP officers which followed, the attorney discussed his firm’s cases, settlements, and judgments, and encouraged the officers to contact his firm regarding injury claims. Following the attorney’s presentation, Clayton texted him, “I think you’re going to receive a few inquiries.”

Clayton and the attorney became friendly after meeting 15-20 years ago, the Letter states. Clayton attended the attorney’s wedding and his sons’ law school graduation party. In 2009-2010, the attorney represented Clayton in a workplace injury claim.

The conflict of interest law prohibits public employees from using their official positions to provide anyone with a valuable benefit to which they are not entitled. The Commission found reasonable cause to believe Clayton violated this prohibition by using his official position and public worktime to provide the attorney with the valuable opportunity to promote his private law practice to a captive audience of MEP officers at the mandatory training session.

The Commission also found reasonable cause to believe Clayton, by allowing the attorney to present at the MEP training without first disclosing their personal relationship, violated the conflict of interest law’s prohibition against public employees acting in a manner that would cause a reasonable person to conclude that anyone can improperly influence or unduly enjoy their favor in the performance of their official duties.

The Commission chose to resolve the allegations against Clayton through the issuance of the Public Education Letter rather than an adjudicatory proceeding because it determined the public interest would be better served by publicly discussing the application of the conflict of interest law to Clayton’s alleged actions. Clayton agreed to resolve the allegations with the Public Education Letter and waived his right to a hearing before the Commission. The Commission expects that the letter will provide public employees in similar circumstances with a clearer understanding of how to comply with the law.

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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Media Contact   for State Ethics Commission Issues Public Education Letter to Environmental Police Major Kevin Clayton

  • State Ethics Commission 

    The State Ethics Commission is an independent state agency that administers and enforces the provisions of the conflict of interest law and financial disclosure law.
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