Order  Final Order in the Matter of Michael Byrne

Date:	09/27/2023
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

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.

 

[1] G.L. c. 268A, § 19 prohibits a municipal employee from participating as such an employee in a particular matter in which to his knowledge he has a financial interest.

[2] G.L. c. 268A, § 23(b)(2)(ii) prohibits a municipal employee from knowingly, or with reason to know, using or attempting to use his official position to secure for himself or others an unwarranted privilege or exemption of substantial value ($50 or more) that is not properly available to similarly situated individuals.

[3] G.L. c. 268A, § 23(b)(3) prohibits a municipal employee from knowingly or with reason to know, acting in a manner which could cause a reasonable person, having knowledge of the relevant circumstances, to conclude that any person can improperly influence or unduly enjoy his favor in the performance of his official duties, or that he is likely to act or fail to act as a result of kinship, rank, position or undue influence of any party or person.

[4] G.L. c. 268A, § 26 provides that any person who violates § 23(b)(2)(ii) with fraudulent intent, shall be punished by a fine of not more than $10,000, if the unwarranted privileges or exemptions have a fair market value in the aggregate of more than $1,000 in any 12-month period.