Order  Final Order In the Matter of Robert O'Brien

Date:	07/28/2022
Organization:	State Ethics Commission
Docket Number:	22-0001
Location:	Boston, MA
Referenced Sources:	G.L. c. 268A, the Conflict of Interest Law, as Amended by c. 194, Acts of 2011

The  Commission issued a Final Order approving a Disposition Agreement in which former Sandisfield Highway Road Superintendent Robert O’Brien admits to repeatedly violating the conflict of interest law by deciding to hire his private business to provide services to the town more than 90 times, signing off on town payments to his business more than 40 times, using inside town information to underbid competitors for a town contract, using his public position to solicit private work, and having the town billed for materials his business used to do private jobs. The Commission accepted O’Brien’s payment of a $50,000 civil penalty and dismissed the adjudicatory proceeding against him.

Final Order

On July 18, 2021, 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, Josefina Martinez, referred the Joint Motion, with the Disposition Agreement, to the full Commission for deliberations on July 26, 2022.

In the proposed Disposition Agreement, Respondent Robert O’Brien, former Town of Sandisfield (“Town”) Highway Road Superintendent admits that he violated G.L. c. 268A, §§ 17(a), 19, 20, and 23(b)(2)(ii).  

O’Brien admits that he violated § 19 by choosing to have the Town’s Highway Department rent an excavator from P&R Construction (“P&R”), a business of which he was the sole owner, hiring P&R to provide snowplowing and equipment rental services to the Town, and approving, signing, and submitting pay warrants to the Town for services provided by P&R.^[1]

O’Brien also admits that he violated G.L. c. 268A, § 23(b)(2)(ii) by using his official position as Highway Road Superintendent to review other bidders’ excavator rental bids prior to submitting P&R’s bid to ensure that P&R submitted the lowest bid and was awarded the contract, to use Town accounts to order materials and services for use by P&R on private jobs, and to obtain an erosion control subcontract for P&R from an asphalt company repairing Town roads on a project that he was monitoring for the Town.^[2]  

O’Brien also admits that he violated § 17(a) by P&R’s receipt of compensation from the asphalt company to perform an erosion control contract in connection with the asphalt company’s repair of Town roads.^[3]

O’Brien also admits that he violated § 20 by having a direct or indirect financial interest in contracts between the Highway Department and P&R to rent equipment to the Town.^[4]

The Respondent agrees to pay a civil penalty of $50,000 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 matter would be fairly and equitably resolved by the terms set forth in in the Disposition Agreement and that this resolution would obviate the need for a hearing on any factual issues, saving time and 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 Motion.  Respondent’s tendered payment of the $50,000 civil penalty for violating G.L. c. 268A, §§ 17(a), 19, 20, and 23(b)(2)(ii) is accepted. Commission Adjudicatory Docket No. 22-0001, In the Matter of Robert O’Brien is DISMISSED

DATE AUTHORIZED:  July 26, 2022
DATE ISSUED:  July 28, 2022

^[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. § 17(a) prohibits a municipal employee from, otherwise than as provided by law for the proper discharge of official duties, directly or indirectly receiving or requesting compensation from anyone other than the municipality in relation to any particular matter in which the same municipality is a party or has a direct and substantial interest. 

^[4]  G.L. c. 268A, § 20 prohibits a municipal employee from, directly or indirectly, having a financial interest in a contract made by a municipal agency of the same town, in which the town is an interested party, of which financial interest he has knowledge or has reason to know.