Press Release  State Ethics Commission’s Enforcement Division Alleges Townsend Water Department Superintendent David Vigeant Violated Conflict of Interest Law

Boston, MA — The State Ethics Commission’s Enforcement Division issued an Order to Show Cause today alleging that Townsend Water Department Superintendent David Vigeant violated the conflict of interest law by, prior to a water main project going out to bid, providing the project plans to Townsend Fire Chief and local business operator Gary Shepherd, whose private business was later awarded the $4.7 million contract for the work.

After deciding in 2021 to construct a new water treatment plant and water main extension, the Townsend Water Department hired an engineering firm to provide services, including creating plan drawings and specifications, to enable the Water Department to put the project out to bid, according to the Order. The Order alleges that in January 2023, after receiving 90% complete plans from the engineering firm, Vigeant immediately forwarded them to the private business email address of Shepherd, who operates several businesses, including Directional Drilling and Shepco Inc., which was a prospective bidder. In February 2023, Vigeant then emailed the final plans to an employee of Directional Drilling Inc., the Order states. The water main project was put out to bid that March, with the Water Department awarding the $4,756,421.71 contract to Shepco Inc., according to the Order.

The Order alleges that by providing the water main project plans to Shepherd and his companies before putting the project out to bid, a benefit that he did not provide to any other prospective bidders, Vigeant violated the conflict of interest law’s prohibition against public employees using their official positions to obtain valuable, unwarranted privileges for themselves or others.

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 Vigeant 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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