Divided Loyalties Enforcement Cases and Decisions (G.L. c. 268A, §§ 4, 11, 17)

G.L. c. 268A, §§ 4, 11, 17
  1. Abrams, Hal, Docket No. 663
    Former Boston Inspectional Services Inspector Hal Abrams fined $2,000 and forfeited $440 for acting as an agent for and receiving compensation from a private employer in connection with matters in which the city had an interest.

  2. Adamson, Randy, Docket No. 07-0037
    Revere Sewer Foreman Randy Adamson fined $8,000 for performing private water and sewer work in the city and for paying bribes to Water and Sewer Enterprise Fund General Manager Joseph Maglione to secure permits to do the work.

  3. Bagni, Sr., William L., Docket No. 124
    Mass. Dept. of Public Utilities Inspector found to have violated G.L. c. 268A, sections 4 and 23.

  4. Barletta, Vincent D., PEL 96-1
    A president of a private company found to have violated G.L. c. 268A, section 17(b) by providing compensation to a zoning board of appeals member in relation to a particular matter in which the town was a party or had a direct and substantial interests.

  5. Bernard, Paul A. Docket No. 284
    Freetown Planning Board member acknowledged he violated section 17 of G.L. c. 268A when, in his private capacity as a real estate broker, he represented private clients before his own board. Bernard agreed he also violated section 19 of G.L. c. 268A when he took steps, as a board member, to further the goals of two development proposals in which he, as a real estate broker, had a financial interest.

  6. Bernstein, Susan P., Docket No. 674
    Framingham Planning Board member Susan Bernstein was fined $2,000 for representing a client before the Board of Selectmen on a request that town meeting approve rezoning the client's property.

  7. Beukema, John, Docket No. 531
    John Beukema, a former member of the Douglas Zoning Board of Appeals, fined $1,000 for violating G.L. c. 268A, section 17(a) and section 17(c) by acting as an agent for a private developer before the ZBA.  

  8. Bingham, G. Shepard, Docket No 250
    An employee of the Department of Revenue violates sections 4(a) and 4(c) of Chapter 268A by serving on a local Board of Assessors. Sections 4(a) and 4(c) prohibit a state employee from receiving compensation from or acting as agent or attorney for anyone other than the state in relation to matters of direct and substantial interest to the state. No sanctions or penalties were imposed in this case because the employee resigned from the Board of Assessors.

  9. Briggs, Sherman E. Docket No. 13-0006
    Marion Conservation Commission member cited for conflict of interest law violations after being paid to perform excavation work at a private school after participating, as a ConCom member, in approving the project.

  10. Callahan, Francis P. Docket No. 653
    Ayer Commissioner of Trust Funds violated G.L. c. 268A, section 19 by investing $90,000 of the trust funds' money with New England Securities, the licensed broker/dealer of securities for his employer, New England Financial.

  11. Cataldo, Edward Docket No. 07-0020
    Leominster Director of Inspections Edward Cataldo fined $3,000 and forfeited $300 for advertising his energy code audit business at the inspections office, receiving compensation from clients for performing energy code audit work that was then submitted with building permit applications, and for reviewing his energy code audit work along with building permit applications.

  12. Cislak, Thomas E., Docket No. 06-0019
    Ludlow Board of Public Works member Thomas Cislak fined $3,000 and forfeited $2,400 for doing paving work and receiving compensation for paving work requiring a permit from his own board.

  13. Cokinos, Paul, Docket No. 07-0021
    Developer Paul Cokinos fined $2,000 for compensating Rockland Conservation Commissioner member Kenneth Karlson to perform excavation work on a project in Rockland that was reviewed by the Conservation Commission.

  14. Cole, Michael, Docket No. 10-0020
    The Ethics Commission approved a Disposition Agreement in which Town of Eastham Planning Board member Michael Cole admitted to violating G.L. c. 268A, §§ 17(a) and (c). Pursuant to the Agreement, Cole paid a $2,000 civil penalty.

  15. Crossman, David Docket No. 442
    A former member and chair of a conservation commission found to have violated G.L. c. 268A, section 17(a), section 18(a), section 19 and section 23(b)(3) for his private consulting work in connection with the state's Wetland Protection Act.

  16. Daigle, Valorie, Docket No. 09-0013
    Former Board of Health Agent who is also a registered sanitarian violated sections 17 (a) and 17 (c) by designing and then giving a stamp of approval to septic system design plans.

  17. Deschenes, Douglas C. Docket No. 06-0002
    Westford Affordable Housing Committee member was fined $5,000 and forfeited $3,862 for representing clients before the AHC.

  18. Devlin, William J., PEL 99-2
    Springfield Historical Commissioner William Devlin cited for drafting plans for clients that were subsequently submitted to the Historical Commission.

  19. DeWald, John Docket No. 06-0012
    Rockland Finance Committee member John DeWald fined $2,000 for using his position and contacting the town's tax title attorney on behalf of a friend to persuade the tax title attorney to settle a tax foreclosure matter.

  20. Dias, Joao M., Docket No. 439
    A planning board member found to have violated G.L. c. 268A, section 17 by representing clients of his private practice law firm before the planning board.

  21. In the Matter of Joseph C. Doyle, Docket No. 109
    The Commission imposed a $250 civil penalty on House of Representatives employee Joseph Doyle for violating section 4(c) of Chapter 268A by representing the private Jamaica Plain Community Development Foundation in connection with securing state contracts.  

  22. duBois, Pine Docket No. 13-0001
    Kingston Community Preservation Committee member Pine duBois fined $2,500 for violating the conflict of interest law, by advocating, in her capacity as the unpaid president of the non-profit Jones River Landing Environmental Heritage Center, for $75,000 in CPC funds to restore two boat sheds located on Jones River Landing property.

  23. Egan, Robert Docket No. 352
    A zoning board of appeals member found to have violated G.L. c. 268A, section 17 and section 18 for representing a private client before the ZBA while he served on the zoning board.

  24. Farretta, Patrick D., PEL 87-3
    A housing inspector found to have violated G.L. c. 268A, section 17 by acting as an agent for a private party in connection with a matter in which the city had an interest.

  25. Fisher, Charles Docket No. 12-0010
    Somerset Board of Water and Sewer Commission member violated the conflict of interest law by being privately compensated for performing work requiring the Board of Water and Sewer Commission approval.

  26. Fleming, Thomas Docket No. 18-0007
    Northern Essex Community College Police Academy Director Thomas Fleming paid a $5,000 civil penalty after admitting he violated two sections of the conflict of interest law by recommending the college purchase training gear for the Academy from his private employer, a sporting goods company, and by representing both the Academy and the company in those transactions. Fleming received commissions on the purchases.

  27. Giannino, Anthony, Docket No. 07-0038
    Revere Drain Department Foreman Anthony Giannino fined $8,000 for performing private water and sewer work in the city and for paying bribes to Water and Sewer Enterprise Fund General Manager Joseph Maglione to secure permits to do the work.

  28. Gilmetti, Fred L., Docket No. 559
    Whitman Planning Board member Fred Gilmetti fined $1,000 for representing his company, F.L.G. Builders, Inc., before the Planning Board.

  29. Giuliano, Patti, Docket No. 633
    A member of the board of chiropractors found to have violated G.L. c. 268A, section 4c by discussing a complaint involving her husband, a practicing chiropractor, with an investigator and with fellow board members.

  30. Gnazzo, Jerold, Docket No. 536
    A state employee found to have violated G.L. c. 268A, section 4c by making inquiries into an investigation of a private company headed by his wife. The conflict law prohibits a state employee from acting as agent for a private party in connection with a particular matter in which the Commonwealth has a direct and substantial interest.

  31. In the Matter of Ruvane E. Grossman, Docket No. 723
    UMass Medical School Consultant Ruvane Grossman paid $10,000 civil penalty for having a consulting relationship with a company in connection with an intellectual property contract involving UMass Medical School, in violation of sections 4 and 6.

  32. Halle, Leon, Docket No. 659
    The Commission issued a Disposition Agreement in which New Bedford Building Department Project Manager Leon Halle admitted violating the state's conflict of interest law and paid a fine of $2,000 and a civil forfeiture of $350. According to the Agreement, Halle violated G.L. c. 268A, section 17(a) by receiving compensation from a private developer in relation to plans that were submitted as part of the developer;s building permit applications.

  33. Hewitson, Walter, PEL 98-1
    Bridgewater Conservation Commission member Walter Hewitson cited for accepting compensation and/or representing private clients before town boards in matters in which he knew would likely come before the Conservation Commission.

  34. Johnson, Walter, PEL 87-4
    A selectman and a private hospital found to have violated G.L. c. 268A, section 17 and section 18 by acting as the hospital's liaison with town boards and officials while serving as selectman.

  35. Karlson, Kenneth, Docket No. 27
    Former Rockland Conservation Commission member fined $2,000 for receiving private compensation in a matter that had been under review by the Conservation Commission.

  36. King, John P. Docket No. 379
    Former Wareham Planning Board Chairman John P. King fined $750 for violating the conflict of interest law by representing a private developer before his own board, after creating a site plan for the developer.  

  37. Kuendig, Herbert, Docket No. 553
    Scituate Planning Board member Herbert Kuending was fined $1,000 for representing a private client in a matter before the Planning Board.

  38. Lanzetta, Scott, Docket No., 09-0012
    While serving as a member of the Milford Board of Sewer Commissioners, Scott Lanzetta received between $1,000 and $5,000 per job for 17 Milford sewer projects. Lanzetta admitted that he had repeatedly violated section 17(a) of the conflict of interest law by receiving compensation for sewer connection work he had performed in his private capacity.

  39. Lanzetta, Scott Docket No. 09-0012 (Order)
    While serving as a member of the Milford Board of Sewer Commissioners, Lanzetta received between $1,000 and $5,000 per job for 17 Milford sewer projects. Lanzetta admitted that he had repeatedly violated section 17(a) of the conflict of interest law by receiving compensation for sewer connection work he had performed in his private capacity.

  40. Logan, Louis L. Docket No. 131
    Certified Public Accountant who provided private accounting services and was also employed by the Mass. Science & Technology Foundation was found to have violated G.L. c. 268A, sections 3(b), 4(a), 23(e) and (f), and G.L. c. 268B, section 7.

  41. Manzella, Robert, Docket No. 648
    A former zoning board of appeals member found to have violated G.L. c. 268A, section 17 for participating in a zoning board of appeals decision regarding land abutting his property.

  42. Martin, Frank. PEL 99-4
    Lawrence firefighter Frank Martin cited for securing permits and receiving compensation in connection with removing underground fuel tanks, which work is permitted by the fire department.

  43. Martin, John K., Docket No. 655
    MassHighway Engineer John K. Martin violated section 4 of the conflict law by doing engineering work for Adesta Communications involving state permits to lay fiber optic cable on state property.

  44. Martin, Michael, Docket No. 170
    An employee of the Department of Revenue violates sections 4(a) and 4(c) of Chapter 268A by serving on a local Board of Assessors. Sections 4(a) and 4(c) prohibit a state employee from receiving compensation from or acting as agent or attorney for anyone other than the state in relation to matters of direct and substantial interest to the state. No sanctions or penalties were imposed in this case because the employee resigned from the Board of Assessors.

  45. Mazzilli, Frank R. Docket No. 552
    Former Carver, Marion, Wareham Regional Landfill Committee chairman Frank Mazzilli was fined $7,500 for representing a private tenant in matters involving the landfill operators.

  46. McClure, Richard Docket No. 12-0011
    Ethics Commission finds that former Chelmsford Planning Board member Richard McClure violated the conflict of interest law by representing private individuals in two lawsuits in which the Town of Chelmsford was an interested party.

  47. McKinnon, Robert S. Docket No. 601
    State Board of Examiners of Plumbers and Gasfitters member fined for participating in matters involving his private employer, Stop & Shop Supermarkets, and for representing Stop & Shop before his board.

  48. Molloy, Julie Docket No. 07-0036
    Sandwich Planning Board member Julie Molloy fined $1,300 and forfeited $1,700 for receiving compensation and representing a private client before the Zoning Board of Appeals in connection with an application that was reviewed by the Planning Board.

  49. Mullen, Kevin, Docket No. 441
    A former state employee found to have violated G.L. c. 268A, section 4(a) through a scheme in which he "sold" the preparation and filing services of a third person to five businesses required to file tariff scheduled with his agency, then prepared and filed the tariff schedules himself.

  50. Murphy, Robert Docket No. 14-0007
    The Commission issued a Decision and Order concluding the adjudicatory proceeding involving Robert Murphy, a former consultant to the Town of Canton Conservation Commission.  In its Decision, the Commission found that Murphy violated sections 17(a) and 23(b)(3) of the conflict of interest law, and ordered Murphy to pay a civil penalty of $10,000.

  51. Murray, James, Docket No. 07-0033
    North Reading water department. employee violated G.L. c. 268A, section 17a by using his official position for private gain.

  52. Newcomb, Reginald Docket No. 09-0002
    Former Rockland Planning Board member Reginald Newcomb fined $5,000 for repeatedly representing his realty trust before the Planning Board and for attempting to recover a document from his Planning Board file to gain constructive approval of an application.

  53. Nelson, Phillip S., Docket No. 605
    Randolph Landscape Review Board member Phillip Nelson fined $1,750 for representing clients before the LRB.

  54. Newcomb, Thomas, Docket No. 281
    Mass. Convention Center Authority Director of Security/ Boston Police Officer Thomas Newcomb violated section 4 by being an MCCA employee who also was paid by the BPD to work at the MCCA facilities.

  55. Nicolo, Diego Docket No. 07-0034
    North Reading municipal employee violated G.L. c. 268A, sections 23(b)(2) and 17a by using his official position for private gain.

  56. Nieski, Martin, Docket No. 570
    Dudley Selectman Martin Nieski fined $250 for representing his wife's company before the Board of Selectmen.

  57. Nutter, Benjamin, Docket No. 508
    A member of a historical commission found to have violated G.L. c. 268A, section 17(c) by representing private clients before the historical commission.

  58. Oser, Patrick J., Docket No. 611
    A building contractor found to have violated G.L. c. 268A, section 17(b) for paying a municipal employee to help prepare payment requisitions to the city.

  59. Palazzola, Olimpia, Docket No. 08-0020
    Former Gloucester School Committee member Olimpia Palazzola paid a $2,000 civil penalty for intervening in school department matters involving her school teacher son.

  60. Parseghian, Scott Public Education Letter
    The Commission issued a Public Education Letter to Scott Parseghian, the Wayland High School Head Football Coach to resolve allegations that Mr. Parseghian violated §§ 17, 19 and 23 of the conflict of interest law by making purchases of athletic apparel for Wayland High School sports teams from his father’s businesses, and by representing those businesses in merchandise purchases by other Wayland High School teams, clubs and departments.

  61. Pearson, William P. Docket No. 533
    A member of a water commission found to have violated G.L. c. 268A, section 17 and section 19 for participating in particular matters in which he had a financial interest.

  62. Pezzella, Paul Docket No. 419
    Paul Pezzella, Deputy Chief of Staff in the Dukakis Administration, fined $5,000 for taking private and public actions on behalf of Worcester developer Angelo Scola in connection with a publicly funded development project, while accepting a $9,000 down payment on a condominium from Scola along with fees and free legal services.

  63. Phinney, David L., Docket No. 612
    A former municipal employee found to have violated G.L. c. 268A, section 2(b) for soliciting bribes for herself and a friend from a contractor seeking work from the city.

  64. Piatelli, Theresa Lord Docket No. 07-0013
    Municipal employee violated section 17 (c) by acting as a private attorney for a family member in a matter in which the public entity had a financial interest in the outcome of a plea bargain. Also violated section 23(b)(2) by using public position to gain an unwarranted privilege.

  65. Plante, Curtis, Docket No. 10-0015
    Bolton Board of Selectmen member, Curtis Plante, fined $10,000 for violating G.L. c. 268A, sections17(a), 17(c) and 20.

  66. Potaski, Michael Docket No. 14-0009
    Uxbridge Conservation Commission (“ConCom”) member Michael Potaski admitted to violating G.L. c. 268A, the conflict of interest law, by appearing on several occasions before the ConCom and by sending an email to the state Department of Environmental Protection, on behalf of Uxbridge Housing Associates, which owns the 66 unit Crown and Eagle housing development.  Potaski paid a $2,500 civil penalty for the violations.

  67. Pottle, Donald S., Docket No. 191
    The director of a state training program violated s. 4 of the conflict of interest law by accepting pay from private firms for conducting private training sessions which were nearly identical to those offered by the state. The employee also violated several of the Standards of Conduct contained in Section 23 by accepting his state salary for time during which he was also paid by the private firm and by directing interested persons and firms who had contacted him about the state program to the private training courses. By the terms of the Disposition Agreement, the employee agreed to pay a total of $6,500 in fines and damages for these violations.

  68. Quirk, Jr., James H., Docket No. 556
    Commission dismissed adjudicatory hearing involving Yarmouth Conservation Commission member James Quirk based on a statute of limitations issue. The Enforcement Division had alleged that Quirk violated the conflict of interest law by receiving compensation from property owners in connection with a damages lawsuit against the town.

  69. Rainville, Lucien, Docket No. 593
    Blackstone part-time call firefighter Lucien Rainville fined $500 for representing his private company in connection with a contract to refurbish a town ambulance.

  70. Reed, Mark P., Docket No. 563
    Southampton Conservation Commission member Mark Reed fin $1,500 for representing four clients before the Conservation Commission.

  71. Reynolds, Richard L. Docket No. 326
    Saugus Selectman Richard Reynolds violated § 17 by acting as the agent of a family trust before the town's planning board in connection with a subdivision plan.

  72. Ryan, Patrick, Docket No. 174
    An employee of the Department of Revenue violates sections 4(a) and 4(c) of Chapter 268A by serving on a local Board of Assessors. Sections 4(a) and 4(c) prohibit a state employee from receiving compensation from or acting as agent or attorney for anyone other than the state in relation to matters of direct and substantial interest to the state. No sanctions or penalties were imposed in this case because the employee resigned from the Board of Assessors.

  73. Shemeth, III, William R., Docket No. 595
    Spencer Selectman William Shemeth, III fined $500 and forfeited $485.60 to the town for representing a law client in a matter in which the town was a party.

  74. Simches, Richard B., Docket No. 133
    Division of Insurance Facilities Governing Board member Richard Simches violated sections 4(a) and 4(c) by representing private insurance interests before the state.

  75. Smith, Bernard J., Docket No. 130
    Department of Public Health Nurse Recruiter Bernard Smith violated sections 4, 6 and 23 of the conflict of interest law by being paid by a private company as a nurse recruiter at the same time he was working as a nurse recruiter for DPH, and also by, on behalf of DPH, contracting with the private company to rent space at job fairs where he was also working for the private company.

  76. Sommer, Donald Docket No. 266
    Department of Education Regional Special Education Director Donald Sommer violated sections 4(c) and 23(b)(3) in connection with the establishment of a special education school.

  77. Speranza, Jack, Docket No. 07-0018
    The Commission vacated a reasonable cause finding and dismissed the adjudicatory matter involving Hopkinton Community Preservation Committee member Jack Speranza in connection with Speranze representing town residents in challenging the town's purchase of property for open space.

  78. Stone, John R. Jr. Docket No. 364
    Town of Gill Board of Health member John R. Stone, Jr. violated section 17 by condemning a building and subsequently being hired to do the repair work on it.

  79. Sullivan, Paul H., Docket No. 319
    Tewksbury Selectman Paul H. Sullivan violated section 17 by representing a local development firm in a matter of direct and substantial interest to his town.

  80. Sullivan, Robert P., Docket No. 320
    A planning board member found to have violated G.L. c. 268A, section 17 by representing a development corporation on which he was the president and 50% owner before the planning board.

  81. Sullivan, William, Docket No. 06-0021
    Oak Bluffs Zoning Board of Appeals member William Sullivan paid a $3,000 civil penalty and a $600 forfeiture for violating section 17 by representing private clients before the Zoning Board of Appeals.

  82. Tetreault, Michael A.,Docket No. 604
    Mendon Board of Health member fined $15,000 for performing septic work pursuant to septic permits issued by the Board of Health.

  83. Thompson, Allin P., Docket No. 571
    Harwich Selectman Allin Thompson fined $1,000 for representing his sister and brother-in-law in a property transaction involving the town.

  84. Thompson, James V., Docket No. 336
    A town counsel found to have violated G.L. c. 268A, section 17 by representing his private development company before the planning board in a request for a zoning change.

  85. Tortorici, Walter, Docket No. 07-0031
    Medfield Building Inspector violated G.L. c. 268A, sections 17c and 17a by acting as agent for others where the town had a substantial interest.

  86. Townsend, Jr., Erland S., Docket No. 314
    Swampscott Conservation Commission chair Erland Townsend, Jr. violated sections 17(a) and (c) by being paid by a private party, and by representing a developer before town departments in connection with a development application that was subject to ConCom review.

  87. Truehart, Paul Docket No. 10-0025
    Southampton Board of Health member Paul Truehart violated section 17.

  88. Truehart, Paul Docket No. 10-0025
    The Ethics Commission concluded the adjudicatory matter involving former Southampton Board of Health member Paul Truehart by approving a Disposition Agreement in which Truehart admitted to violating G.L. c. 268A, section 17, and by dismissing the adjudicatory hearing.

  89. Turner, William E. Jr., Docket No. 356
    The zoning board of appeals chairman found to have violated G.L. c. 268A, section 17 by acting as agent for a real estate trust for which he was a trustee and by asking the zoning board to grant permits for that trust.

  90. Vallianos, Peter, Docket No. 645
    A former zoning board of appeals member found to have violated G.L. c. 268A, section 19 for participating in a zoning board of appeals decision regarding land abutting his property.

  91. Walley, Kenneth Docket No. 649
    Revere Assistant Electrical Inspector Kenneth Walley entered into a disposition agreement in which he paid a $2,500 civil penalty for violating sections 17 (a) and (c) and 19 for performing private electrical work in the city and conducting inspections of the work as assistant electrical inspector.  

  92. Weissman, Mark Docket No. 08-0019
    State Marine Fisheries Advisory Commission member Mark Weissman paid a $2,500 civil penalty for participating in matters affecting a private client and for being compensated by that client for work in connection with matters in which he participated as a state employee.

  93. Willauer, William Docket No. 11-0019
    The Ethics Commission approved a Disposition Agreement in which a Nantucket Board of Selectmen member William Willauer admitted to violating G.L. c. 268A, the conflict of interest law, on several occasions by voting to award contracts to the Alliance for Substance Abuse Prevention and to the Family & Children’s Services of Nantucket County, Inc., doing business as Nantucket Behavioral Health Services, Inc. During the relevant time period, he was a member of the board of directors of ASAP, and he was the President of BHS.

  94. Zora, Joseph Jr. & Sr., Docket Nos. 350, 351
    A selectman and a conservation commission member found to have violated G.L. c. 268A, section 17 by appearing before the conservation commission on behalf of their family-owned developing business.

  95. Zwingelstein, Louis, Docket No. 546
    Sheffield Conservation Commission member Louis Zwingelstein participated in approving a determination of applicability and notice of intent for an applicant knowing his business would then work privately in connection with the applications.

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