Settlement  In the Matter of Jeffrey Collingwood

Date:	12/20/2018
Organization:	State Ethics Commission
Docket Number:	18-0010

The Commission approved a Disposition Agreement in which former Sheffield Conservation Commission member Jeffrey Collingwood admitted to violating Section 17 of the conflict of interest law by representing a private client before the town while serving on the Conservation Commission. Collingwood agreed to pay a $2,500 civil penalty.

Disposition Agreement

The State Ethics Commission (“Commission”) and Jeffrey Collingwood (“Collingwood”) 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 22, 2017, 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, by Collingwood.  On May 17, 2018, the Commission concluded its inquiry and found reasonable cause to believe that Collingwood violated G.L. c. 268A, § 17.

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

Findings of Fact

1. At all relevant times, Collingwood was a civil engineer. 
    
2. In or about 2014, George Soudant (“Soudant”) purchased 1375 North Main Street in Sheffield (“N. Main St.”).
    
3. The N. Main St. site includes wetlands. 
    
4. On or about March 2, 2015, Soudant hired Collingwood to assist with obtaining permits for building reconstruction and site work at N. Main St.
    
5. In July 2015, Collingwood was appointed by the Sheffield Board of Selectmen to the Sheffield Conservation Commission (“ConCom”). 
    
6. Sheffield ConCom members have been designated as “special municipal employees.” 
    
7. The ConCom administers the Wetland Protection Act and it is the local permit issuing authority for Massachusetts Department of Environmental Protection. 
    
8. On September 14, 2015, Collingwood appeared at the ConCom on behalf of Soudant regarding a request to make changes at N. Main St.  The ConCom instructed Collingwood to file a Request for Determination of Applicability (“RDA”)
    
9. On September 15, 2015, Collingwood filed the RDA on behalf of Soudant. Collingwood signed the RDA as Soudant’s “representative” with his title, “professional engineer.” 
    
10. On September 28, 2015, Collingwood appeared at the ConCom on behalf of Soudant regarding the RDA for N. Main St. 
     
11. The ConCom approved the RDA for N. Main St.
     
12. Collingwood was paid a total of $4,343.75 by Soudant for work performed from March 2 to December 31, 2015 relating to N. Main Street.  After paying subconsultants, Collingwood personally received approximately $2,000 for the work performed regarding N. Main Street in July through December 2015.
     
13. On August 18, 2016, Collingwood, on behalf of Soudant, submitted a request for a special permit (“Request”) to the Sheffield Zoning Board of Appeals (“ZBA”).  Collingwood signed the Request as “special projects engineer” and included his Massachusetts professional engineer license number. 
     
14. On September 22, 2016, Collingwood appeared on behalf of Soudant before the ZBA at a public hearing regarding the special permit application for N. Main St. 
     
15. The ZBA approved the Request and granted the special permit.
     
16. On October 3, 2016, Collingwood, on behalf of Soudant, filed a Notice of Intent (“NOI”) with the ConCom.  Collingwood’s Massachusetts Professional Engineer seal appeared on the NOI.
     
17. A NOI must be submitted to the ConCom when a proposed activity is likely to impact a protected wetland resource area.
     
18. On October 17, 2016, Collingwood, on behalf of Soudant, appeared before the ConCom at a public hearing regarding the NOI for N. Main St.
     
19. The ConCom approved the NOI for N. Main St.
     
20. As of October 2016, Collingwood was behind on his billing and had not sent an invoice to Soudant since January 2016.
     
21. On March 22, 2017, Collingwood received notice that the Commission had voted to initiate a preliminary inquiry into whether Collingwood violated G.L. c. 268A.
     
22. As a result of the above notice, Collingwood has not billed Soudant for work performed on N. Main St. matters from August 2016 to October 2017 and has to date not received payment for that work.

Conclusions of Law

23.  As a ConCom member, Collingwood was a municipal employee as that term is defined in G.L. c. 268A, § 1.  

24.  Section 17(a) of G.L. c. 268A prohibits a municipal employee, otherwise as provided by law for the proper discharge of official duties, from directly or indirectly receiving compensation^[1] from anyone other than the municipality in relation to a particular matter^[2] in which the municipality is a party or has a direct and substantial interest.

25.  Section 17(c) of G.L. c. 268A prohibits a municipal employee from otherwise than in the proper discharge of his official duties acting as agent^[3] for anyone other than the municipality in connection with a particular matter in which the municipality is a party or has a direct and substantial interest. 

26.  Section 17 provides certain exceptions for special municipal employees; however, the section still prohibits such employees from acting as agent for or receiving compensation from a private party in relation to a particular matter if they participated^[4] in or had official responsibility^[5] for that particular matter.^[6]

27.  The ConCom’s proceedings held on September 14, 2015, September 28, 2015, and October 17, 2016, regarding N. Main St. were particular matters.

28.  The N. Main St. RDA and NOI were particular matters.

29.  The N. Main St. Request and the proceeding on September 22, 2015 before the ZBA regarding N. Main St. were particular matters.

30.  The Town of Sheffield was a party to and had a direct and substantial interest in the above particular matters because they involved determinations by Town agencies regarding whether the N. Main St. project complied with all relevant codes, laws, and ordinances, and whether certain Town permits should be issued by those agencies.   

31.  On September 14, 2015, when Collingwood appeared at the ConCom on behalf of Soudant regarding a request to make changes at N. Main St. and continuing through 2016, the ConCom had official responsibility regarding the N. Main St. project because the ConCom had direct administrative authority to approve, disapprove, or otherwise direct agency action regarding the project.

32.  A ConCom member cannot avoid official responsibility for a particular matter before the ConCom by not participating in the matter. EC-COI-99-6.   

33.  Therefore, Collingwood had official responsibility as a ConCom member for the N. Main St. RDA, NOI and Request, even though he did not personally participate in the matters as a ConCom member.

34.  Given that Collingwood had official responsibility as a ConCom member for the N. Main St. RDA, NOI and Request, § 17 prohibited Collingwood from acting as agent for or receiving compensation from a private party in relation to those particular matters.

35.  By appearing on behalf of Soudant before the ZBA and ConCom, and submitting documents signed by Collingwood on behalf of Soudant, Collingwood acted as agent for someone other than the Town in relation to the N. Main St. RDA, NOI and Request, particular matters in which he had official responsibility and in which the Town was a party and/or had a direct and substantial interest.  By doing so, Collingwood violated § 17(c).

36.  In addition, by receiving approximately $2,000 from Soudant for his professional services on the N. Main St. RDA, Collingwood received compensation from someone other than the Town in relation to a particular matter for which Collingwood had official responsibility as a ConCom member and in which the Town was a party and/or had a direct and substantial interest.  By doing so, Collingwood violated § 17(a).

In view of the foregoing violations of G.L. c. 268A by Collingwood, 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 Collingwood:

(1)       that Collingwood pay to the Commonwealth of Massachusetts, with such payment to be delivered to the Commission, the sum of $2,500.00 as a civil penalty for violating G.L. c. 268A, § 17(a) and (c); and

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

^[1] “Compensation” means any money, thing of value or economic benefit conferred on or received by any person in return for services rendered or to be rendered by himself or another.  G.L. 268A, § 1(a).

^[2] “Particular matter” means any judicial or other proceeding, application, submission, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, decision, determination, finding, but excluding enactment of general legislation by the general court and petitions of cities, towns, counties, and districts for special laws related to their governmental organizations, powers, duties, finances, and property.  G.L. c. 268A, §1(k).

^[3] A municipal employee 'acts as an agent' by communicating on behalf of a third party or acting as a liaison for a third party. See Advisory 88-01: Municipal Employees Acting as Agent for Another Party.

^[4] “Participate” means to participate in agency action or in a particular matter personally and substantially as a state, county, or municipal employee, through approval, disapproval, decision, recommendation, the rendering of advice, investigation or otherwise.  G.L. c. 268A, §1 (j).

^[5] “Official responsibility” means the direct administrative or operating authority, whether intermediate or final, and either exercisable alone or with others, and whether personal or through subordinates, to approve, disapprove or otherwise direct agency action.  G.L. c. 268A, §1(i).

^[6] Section 17 would also apply to a special municipal employee if the particular matter were pending before the special municipal employee’s agency, and if the special municipal employee served as such on more than sixty days during any period of 365 consecutive days.