- David A. Wilson, Executive Director
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Don Siriani, Public Education and Communications Division Chief
Boston — The State Ethics Commission's Enforcement Division issued an Order to Show Cause yesterday alleging that Clinton Fire Chief Michael Lutes violated the conflict of interest law in relation to his supervision of his two sons, who are Clinton firefighters. The Order alleges Lutes violated the law through his handling of complaints about one of his sons, by assigning that son training and duties that increased his opportunities to earn overtime pay, and by repeatedly approving the department payroll that included both of his sons' salaries. By filing the Order, the Enforcement Division initiated an adjudicatory proceeding against Lutes.
The Order alleges that in 2024, after the Clinton Fire Department Group 4 Captain filed written complaints about one of Chief Lutes' sons, including an allegation of insubordination, Lutes failed to refer the matter to the Town Administrator, his appointing authority. The Order further alleges Lutes asked a Fire Chief from a neighboring town to investigate Group 4 interpersonal dynamics rather than the captain's complaints about his son and thereby prevented an impartial investigation of his son's conduct. Lutes allegedly also ignored the Fire Chief's suggestion to reassign his son to another group, a move that would have resulted in the son's loss of seniority.
According to the Order, Lutes also arranged for the same son to be the only Clinton Fire Department staff member trained in fire alarm system maintenance and assigned him to alarm system maintenance duties, knowing this would provide him opportunities to earn overtime pay.
The conflict of interest law generally prohibits municipal employees from participating in matters in which they or their immediate family are financially interested. The Order alleges Lutes violated this prohibition by deciding how the complaints about his son would be investigated, by selecting his son for fire alarm system maintenance training and work assignments, and by repeatedly approving the department payroll including both sons' salaries.
The law also prohibits public employees from using their official positions to obtain valuable, unwarranted privileges for themselves or others. The Order alleges Lutes violated this prohibition by preventing an impartial investigation of his son's alleged insubordination.
In addition, the Order alleges Lutes' participation in reviewing the complaints about his son violated the law's prohibition against public employees acting in a manner that would cause a reasonable person to believe that they would show undue favoritism to another person in their official actions.
Pursuant to the Commission's Enforcement Procedures, the Enforcement Division files an Order to Show Cause against a subject following the Commission's finding of reasonable cause to believe the subject violated the conflict of interest law. Before filing the Order to Show Cause, the Enforcement Division gives the subject the opportunity to resolve the matter through a disposition agreement. The Commission will schedule a public hearing on the allegations against Lutes within 90 days.
The Commission is authorized to impose a civil penalty of up to $10,000 for each violation 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.
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