Press Release  State Ethics Commission’s Enforcement Division Alleges Aquinnah Selectman Gary Haley Violated Conflict of Interest Law

Boston, MA — The State Ethics Commission’s Enforcement Division issued an Order to Show Cause today alleging Aquinnah Selectman Gary Haley violated the conflict of interest law by choosing himself to privately perform electrical conduit work for the town, overbilling the town by more than $4,000 for the work, and approving the town’s payment to himself.

According to the Order to Show Cause, Haley, a master electrician in his private capacity, viewed himself as the town’s coordinator on a project to bury underground all overhead utility wires in Aquinnah Circle. In 2018, as a Selectman and the Aquinnah Circle project coordinator, Haley allegedly decided that he would personally install conduits for two utility companies to bury their wires underground.

The Order alleges that Haley submitted an invoice to the town of Aquinnah charging $17,445 for the installation of approximately 1,900 feet of conduit pipe in May 2018. The invoice overstated the duration of work on the project by approximately 22 hours and charged the town for laborers Haley did not hire or pay, the Order alleges.

Acting as a member of the Board of Selectmen, Haley allegedly participated in approving the town expense warrant containing his invoice for the conduit installation work. Haley’s overstatements in the invoice resulted in the town of Aquinnah being overcharged by more than $4,000, according to the Order.

The conflict of interest law prohibits municipal employees from participating officially in matters in which they have a financial interest. The Order alleges that Haley violated this prohibition by, as a selectman, choosing himself to perform the conduit installation work and by then approving the town expense warrant that contained his invoice for the work.

The law also prohibits public employees from submitting a false or fraudulent claim to their public employer. Haley allegedly violated this prohibition by charging the town for hours he did not work and for laborers he did not hire or pay.

The Order further alleges that Haley also violated the conflict of interest law’s prohibition on municipal employees having a financial interest in a contract made by the city or town that employs them. Haley violated this prohibition by, while serving as a selectman, acquiring a financial interest in the town’s contract for the electrical conduit work, according to the Order.

Pursuant to the Commission’s Enforcement Procedures, the Enforcement Division files an Order to Show Cause after the Commission has found reasonable cause to believe the subject of the Order violated the conflict of interest law. Before filing the Order to Show Cause, the Enforcement Division gives the subject an opportunity to resolve the matter through a disposition agreement. The Commission will schedule a public hearing on the allegations against Haley within 90 days.

The Commission is authorized to impose a civil penalty of up to $10,000 for violations of the conflict of interest 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.

###