- David A. Wilson, Executive Director
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Gerry Tuoti, Public Information Officer
Boston, MA — The State Ethics Commission’s Enforcement Division issued an Order to Show Cause today alleging that now retired MBTA Environmental Compliance Manager Thomas Daly violated the conflict of interest law on multiple occasions, including by unfairly favoring his friend’s company – for which Daly also worked – in a $1.3 million per year MBTA procurement, by being paid by the company in relation to MBTA matters, and by providing the friend with information about other companies’ responses.
The Order to Show Cause alleges that Daly and the owner of a recycling company were friends since at least 2017, and Daly was employed by the company since at least 2019. Allegedly, in 2017, Daly sent the recycling company owner technical specifications for a planned Request for Proposals (RFP) for a comprehensive waste management program. After the MBTA issued the RFP in 2019, Daly served on the MBTA’s selection committee and inflated his bid evaluation scores to unfairly favor his friend’s company, the Order states. The MBTA ultimately awarded the recycling company a three-year contract worth $1.3 million per year with two one-year options. Before the contract expired in June 2024, Daly worked on the successor comprehensive waste management program procurement for the MBTA and again worked to unfairly favor his friend’s company in that process prior to retiring in January 2024, the Order alleges.
Daly also provided the recycling company owner with other companies’ responses to a 2022 RFP for the disposal of Orange Line cars and a 2023 Request for Information for MBTA “waste-recycle management,” according to the Order. In addition, Daly allegedly informed the MBTA that the recycling company was interested in bidding for rubber-disposal work for the MBTA. As Daly recommended to the MBTA’s procurement manager, the MBTA awarded the rubber disposal work to the recycling company through a $16,000 purchase order, according to the Order.
The Order alleges Daly violated the conflict of interest law’s prohibitions against a state employee:
- participating in any matter in which they or business organizations that employ them have a financial interest;
- having a financial interest in a state contract;
- using their official position to secure an unwarranted privilege of substantial value for themself or anyone else;
- soliciting or receiving anything of substantial value given to them because of their official position;
- being paid by someone other than the state in connection with matters in which the state is a party or has a direct and substantial interest; and
- acting in a manner that would cause a reasonable person to believe they would be unduly influenced by or unduly favor another person in the performance of their official duties.
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 Daly 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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