Date: | 09/27/2023 |
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Organization: | State Ethics Commission |
Docket Number: | 23-0001 |
Location: | Boston, MA |
Referenced Sources: | G.L. c. 268A, the Conflict of Interest Law, as Amended by c. 194, Acts of 2011 |
- This page, Final Order in the Matter of Michael Byrne, is offered by
- State Ethics Commission
Order Final Order in the Matter of Michael Byrne
Table of Contents
Final Order
On September 5, 2023, the parties filed a Joint Motion to Dismiss (“Joint Motion”) with a proposed Disposition Agreement requesting that the Commission approve the Disposition Agreement in settlement of this matter and dismiss the adjudicatory proceeding. The Presiding Officer, Eron Hackshaw, referred the Joint Motion, with the Disposition Agreement, to the full Commission for deliberations on September 21, 2023.
In the proposed Disposition Agreement, Respondent Michael Byrne (“Respondent”), former Town of Arlington Inspectional Services Department (“ISD”) Director admits that he violated G.L. c. 268A, §§ 19, 23(b)(2)(ii), 23(b)(3) and 26.
Respondent admits that he violated § 19 by as ISD Director (1) deciding to inspect and inspecting plumbing work performed by his private business, Trademark Plumbing (“Trademark”), and (2) repeatedly issuing certificates of occupancy for properties where Trademark had performed plumbing work.[1]
Respondent also admits that he violated § 23(b)(2)(ii) by (1) allowing Trademark to perform plumbing work without plumbing permits, (2) allowing Trademark to perform work without inspections, and (3) creating plumbing permits for Trademark work performed without plumbing permits.[2]
Respondent also admits that he violated § 23(b)(3) by accepting loans from a private developer and then issuing a certificate of occupancy for a property owned by the developer.[3]
Respondent also admits that he violated § 26 because his violation of § 23(b)(2)(ii) was committed with fraudulent intent, and the fair market value in the aggregate of the unwarranted privileges and exemptions exceeded $1,000 in a 12-month period.[4]
Respondent agrees to pay a civil penalty of $80,000 and to waive all rights to contest the findings of fact, conclusions of law and terms and conditions contained in the Disposition Agreement in this and any other administrative or judicial proceeding to which the Commission is or may be a party.
In support of the Joint Motion, the parties assert that this resolution would obviate the need for an adjudicatory hearing and would conserve resources for all involved. The parties assert that the interests of justice, the parties and the Commission will be served by the Disposition Agreement.
WHEREFORE, the Commission hereby ALLOWS the Joint Motion. Respondent’s tendered payment of the $80,000 civil penalty for violating G.L. c. 268A, §§ 19, 23(b)(2)(ii), 23(b)(3), and 26 is accepted. Commission Adjudicatory Docket No. 23-0001, In the Matter of Michael Byrne is DISMISSED.