Settlement  Disposition Agreement in the Matter of David Lane

Date:	05/28/2024
Organization:	State Ethics Commission
Docket Number:	24-0014
Referenced Sources:	G.L. c. 268A, the Conflict of Interest Law, as Amended by c. 194, Acts of 2011

Disposition Agreement

The State Ethics Commission (“Commission”) and David Lane (“Lane”) enter into this Disposition Agreement pursuant to Section 3 of the Commission’s Enforcement Procedures.  This Agreement constitutes a consented-to final order enforceable in the Superior Court, pursuant to G.L. c. 268B, § 4(j).

On April 18, 2023, the Commission initiated a preliminary inquiry, pursuant to G.L. c. 268B, § 4(a), into possible violations of the conflict of interest law, G.L. c. 268A, by Lane.  On December 21, 2023, the Commission concluded its inquiry and found reasonable cause to believe that Lane violated G.L. c. 268A, § 23(b)(2)(i).

The Commission and Lane now agree to the following findings of fact and conclusions of law:

Findings of Fact

1. Lane is the Director of the Department of Public Works for the Town of Danvers (“Danvers DPW”).
2. Among other services, the Danvers DPW provides drinking water and sewer services to residences and businesses in Danvers and is a department of the Town of Danvers.
3. The Danvers DPW uses one brand of water meter throughout its service area, made by an Alabama-based manufacturer (“the manufacturer”) and sourced from the manufacturer’s sole authorized New England distributor (“the distributor”).  (The manufacturer and the distributor are collectively referred to herein as “the vendors.”)
4. As Director, Lane has oversight responsibility for the DPW’s water meter purchases.
5. The average service life of a water meter is about 20 years.
6. In 2018, Lane took part in a ski trip to Sugarloaf, Maine, hosted by the vendors.  The vendors paid for Lane’s lodging, meals, and ski lift ticket.
7. In 2020, Lane took part in a ski trip to Okemo, Vermont, hosted by the vendors.  The vendors paid for Lane’s lodging and meals.  At the time, Lane had a season ski pass to Okemo.  Lodging cost at least $415 per person for the trip.
8. In 2022, Lane took part in a ski trip to Jay Peak, Vermont, hosted by the vendors.  The vendors paid for Lane’s lodging, most of his meals, and his ski lift ticket.  Lodging was at least $425 per person for the trip and the vendors paid $133 for Lane’s 2-day ski lift ticket.
9. Lane understood when he accepted the vendors’ invitation to each ski trip that the vendors would pay for his lodging, all or most of his meals, and, except at Okemo, his ski lift tickets.
10. Each of the ski trips was a three-day, Wednesday through Friday, trip.  Employees of several municipal water districts and departments of public works, the vendors, and the vendors’ private clients took part in each ski trip, joined by a limited number of spouses and other guests.
11. In October 2020, Lane took part in a golf event as a guest of the distributor.  The distributor paid for Lane’s greens fees, lunch, dinner, and cocktails, the cost of which was $50 or more per person.
12. In November 2020, a sales representative from the manufacturer treated Lane and two other municipal public works employees to dinner at the Pellana Prime Steakhouse in Peabody.  The cost of this dinner was $50 or more per person.

13. Lane knew, or had reason to know, that the vendors gave him each of the gifts described in paragraphs 6 through 12 above for or because of his position as Director of the Danvers DPW.

    Conclusions of Law

    Section 23(b)(2)(i)

14. Section 23(b)(2)(i) of G.L. c. 268A prohibits a municipal employee from, knowingly, or with reason to know, soliciting or receiving anything of substantial value[1] for such officer or employee, which is not otherwise authorized by statute or regulation, for or because of the officer or employee’s official position.
15. The Danvers DPW is a municipal agency as defined by G.L. c. 268A, § 1(f).  As Director of the Danvers DPW, Lane was an employee of a municipal agency within the meaning of § 23(b)(2)(i) and a municipal employee as defined by G.L. c. 268A, § 1(g).
16. Each of the gifts Lane received, as described in paragraphs 6 through 12 above, was of substantial value.
17. Lane’s receipt of the gifts was not authorized by statute or regulation.
18. When Lane received each gift, he knew, or had reason to know, that the vendor or vendors gave him the gift for or because of his official position as Director of the Danvers DPW.
19. Therefore, by receiving each of the above-described gifts, Lane knowingly, or with reason to know, received something of substantial value for himself, which was not otherwise authorized by statute or regulation, for or because of his official position.  In so doing, Lane repeatedly violated § 23(b)(2)(i).

Disposition

In view of the foregoing violations of G.L. c. 268A by Lane, the Commission has determined that the public interest would be served by the disposition of this matter without further enforcement proceedings, on the following terms and conditions agreed to by Lane:

(1)        that Lane pay to the Commonwealth of Massachusetts, with such payment to be delivered to the Commission, the sum of $17,000 as a civil penalty for repeatedly violating G.L. c. 268A, § 23(b)(2)(i); and

(2)        that Lane waive all rights to contest, in this or any other administrative or judicial proceeding to which the Commission is or may be a party, the findings of fact, conclusions of law and terms and conditions contained in this Agreement.

By signing below, Lane acknowledges that he has personally read this Disposition Agreement, that it is a public document, and that he agrees to its terms and conditions.

STATE ETHICS COMMISSION

[1] Substantial value is $50 or more. 930 CMR 5.05.