Order  In the Matter of Harold MacGilvray- Final Order

Date:	10/23/2018
Organization:	State Ethics Commission
Docket Number:	18-0001
Location:	Boston, MA

Final Order

On October 10, 2018, 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, Maria J. Krokidas, referred the Joint Motion, with the Disposition Agreement, to the full Commission for deliberations on October 18, 2018.

In the proposed Disposition Agreement, Respondent Harold MacGilvray admits that he violated G.L. c. 268A, § 23(b)(2)(ii), by causing the public posting and dissemination of two photographs of himself and other officers in uniform with images and captions implying Medford Police Department (“MPD”) disapproval of presidential candidate Hillary Clinton and approval of presidential candidate Donald Trump.[1]  The Disposition Agreement identifies several circumstances that were considered in the resolution of this matter, including the fact that Respondent received an official letter of reprimand for violating MPD’s prohibition against political activity, and was required to post a formal letter of apology to the public on the Medford Police Patrolmen’s Association website.  Further, the Respondent cooperated fully with the Commission’s investigation, he has served the City of Medford with distinction over the course of his career, and he testified that he did not request to be given copies of the photographs.   

The Respondent agrees to pay a civil penalty of $1,500 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.  Respondent has tendered the payment of the $1,500 civil penalty. 

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 $1,500 civil penalty for violating G.L. c. 268A, § 23(b)(2) is accepted.  Commission Adjudicatory Docket No. 18-0001, In the Matter of Harold MacGilvray is DISMISSED.

 

 

[1] G.L. c. 268A, § 23(b)(2)(ii), prohibits public employees from knowingly, or with reason to know, using or attempting to use their official positions to secure for themselves or others unwarranted privileges or exemptions of substantial value which are not properly available to similarly situated individuals.