Settlement  Disposition Agreement in the Matter of Glenn Wilson

Date:	03/28/2023
Organization:	State Ethics Commission
Docket Number:	23-0004
Location:	Boston, MA
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 Glenn Wilson (“Wilson”) 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 March 17, 2022, the Commission initiated, pursuant to G.L. c. 268B, § 4(a), a preliminary inquiry into possible violations of the conflict of interest law, G.L. c. 268A.  On October 20, 2022, the Commission voted to amend the preliminary inquiry.  On January 26, 2023, the Commission concluded its inquiry and found reasonable cause to believe that Wilson violated G.L. c. 268A, §§ 17(a), 23(b)(2)(i), and 23(b)(2)(ii).

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

Findings of Fact

1. Wilson was the Assistant Director of Andover Youth Services (AYS), a division of the Town of Andover’s Department of Community Services, from 1994 until his resignation in August 2021.
2. As Assistant Director of AYS, Wilson was a full-time, salaried municipal employee of the Town of Andover.
3. Wilson’s duties as Assistant Director of AYS, as described in his official job description, included frequent evening and weekend work. 

4. The Andover Youth Foundation (AYF) is a private, non-profit organization based in Andover.  Certain Andover residents formed AYF in 2000 to fund programming and a youth center for AYS.

5. The Hurston Family Foundation, Inc. (HFF) is a private, non-profit organization based in Andover. 
6. In or around May 2016, Wilson and William Fahey (“Fahey”), the Director of AYS, met with the President of HFF. 
7. At that meeting, the President of HFF proposed that HFF would provide funding to support AYS building maintenance, programming, and staff. 
8. Subsequently, HFF, AYF, Fahey, and Wilson agreed that HFF would remit such funding to AYF, which would in turn disburse funds for AYS building maintenance, programming, and staff.
9. HFF made its first such donation in May 2016 and earmarked $3,000 of the $10,000 donation for “six individuals” “in $500 increments,” specifying Fahey, Wilson, and four other AYS staff members.
10. Thereafter, beginning in the fall of 2016 and continuing through the end of 2020, in nine additional donations to AYF, HFF paid money designated for AYS staff, including Wilson, which the parties referred to, in funding letters and otherwise, as “merit pay” or “merit-based compensation” (the “Private Compensation”).

11. From November 2016 through September 2020, for each of these nine subsequent HFF donations, Fahey, in his capacity as Executive Director of AYS, authored a letter to the President of HFF on AYS letterhead, which described how AYS would use and allocate each donation (the “Funding Letters”). 

12. Wilson edited each Funding Letter, according to instructions from Fahey and the President of HFF. 
13. Wilson used his andoverma.gov email account to submit Funding Letters to HFF. 
14. Each Funding Letter stated that the whole HFF donation was subject to the condition that “Bill Fahey, Executive Director, remains as such.”
15. Each Funding Letter explained that AYS would use part of each HFF donation to provide “merit-based compensation” to “recognize the exceptional commitment to the young people by our full time... team.”
16. Each Funding Letter provided a schedule of AYS staff who would receive Private Compensation from each HFF donation, listing the amount of Private Compensation for each employee and each employee’s AYS job title (the “Merit Pay Schedule”). 
17. Each Merit Pay Schedule listed Wilson in his capacity as Assistant Director.
18. With each Funding Letter that he edited and emailed, Wilson could see and understand that he would receive Private Compensation in connection with his job as Assistant Director of AYS. 
19. Between 2016 and 2021, by check provided by and drawn on an account of AYF and distributed by Fahey, Wilson received ten payments of Private Compensation, totaling at least $17,500. 

Conclusions of Law

Section 17(a)

20. Section 17(a) of G.L. c. 268A prohibits a municipal employee from, otherwise than as provided by law for the proper discharge of official duties, directly or indirectly receiving compensation from anyone other than the municipality in relation to a particular matter in which the municipality is a party or has a direct and substantial interest.
21. As Assistant Director of AYS, Wilson was a municipal employee pursuant to G.L. c. 268A, § 1(g).
22. Wilson’s contract of employment with the Town of Andover was a particular matter to which the town was a party and in which it had a direct and substantial interest.
23. From 2016 to 2021, Wilson received, from HFF through AYF, ten payments of Private Compensation related to his employment as Assistant Director of AYS, totaling $17,500.
24. Wilson’s receipt of this Private Compensation was not as provided by law for the proper discharge of his official duties as Assistant Director of AYS.
25. By receiving Private Compensation relating to his employment as Assistant Director of AYS from HFF through AYF, Wilson received compensation from someone other than the Town of Andover in relation to a particular matter to which the town was a party and in which it had a direct and substantial interest.  In so doing, Wilson repeatedly violated G.L. c. 268A, § 17(a).

Section 23(b)(2)(i)

26. Section 23(b)(2)(i) of G.L. c. 268A prohibits a municipal employee from knowingly, or with reason to know, receiving anything of substantial value for such employee, which is not otherwise authorized by statute or regulation, for or because of the employee’s official position. 
27. Wilson, while a municipal employee, received, from HFF through AYF, ten Private Compensation payments which were, in each instance, worth $50 or more and therefore of substantial value.
28. Wilson knew, or had reason to know, that the Private Compensation payments were for or because of his official position as Assistant Director of AYS, as he edited and submitted nine Funding Letters, which stated in each instance that the “merit-based compensation” was for AYS staff and listed Wilson, together with his AYS job title, on the Merit Pay Schedule. 
29. Each of the Private Compensation payments Wilson received was not authorized by statute or regulation. 
30. Therefore, by knowingly, or with reason to know, receiving the Private Compensation payments for or because of his official position, Wilson repeatedly violated G.L. c. 268A, § 23(b)(2)(i). 

Section 23(b)(2)(ii)

31. Section 23(b)(2)(ii) of G.L. c. 268A 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 unwarranted privileges or exemptions, which are of substantial value, and which are not properly available to similarly situated individuals.
32. Wilson, in his capacity as Assistant Director of AYS, edited and submitted nine Funding Letters designating HFF funding as Private Compensation for AYS staff.
33. The receipt of Private Compensation by AYS staff was a privilege of substantial value and was unwarranted because the payments were provided in connection with their jobs as public employees.
34. Wilson knew, or had reason to know, that he was using his official position to secure the unwarranted privilege because he edited and submitted the Funding Letters in his capacity as Assistant Director of AYS, using his andoverma.gov email account.

35. This unwarranted privilege was not properly available to AYS staff and was not available to other Community Services Department staff or other similarly situated individuals.

36. Therefore, by, as Assistant Director of AYS, editing and submitting Funding Letters which secured the Private Compensation for himself and other AYS staff, Wilson knowingly, or with reason to know, used his official position to secure for himself and others an unwarranted privilege of substantial value that was not properly available to similarly situated individuals.  In so doing, Wilson repeatedly violated G.L. c. 268A, § 23(b)(2)(ii).

Disposition

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

(1)        that Wilson pay to the Commonwealth of Massachusetts, with such payment to be delivered to the Commission, the sum of $9,000 as a civil penalty for violating G.L. c. 268A, §§ 17, 23(b)(2)(i), and 23(b)(2)(ii); and

(2)       that Wilson 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, Wilson acknowledges that he has personally read this Disposition Agreement, that it is a public document, and that he agrees to all terms and conditions herein.

STATE ETHICS COMMISSION