Settlement  Disposition Agreement in the Matter of Jeffrey Peterson

Date:	09/21/2021
Organization:	State Ethics Commission
Docket Number:	21-0007
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 Jeffrey Peterson (“Peterson”) 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 January 15, 2020, 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 May 27, 2021, the Commission concluded its inquiry and found reasonable cause to believe that Peterson violated G.L. c. 268A, §§ 23(b)(2)(ii) and 23(b)(3).

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

Findings of Fact

1. Peterson, a resident of the Town of Wellesley, has worked in the Town of Wellesley Fire Rescue Department (“Fire Department”) for 36 years and has served as Assistant Fire Chief since 2009.
2.   Wellesley Town Meeting voted in November 2011 to remove the Wellesley Fire Department (“Fire Department”) from Civil Service.
3. In 2012, Wellesley Fire Chief Richard DeLorie (“Chief DeLorie”) issued General Order #2009-17 (“Hiring Order”) to govern the firefighter hiring process. The Hiring Order states, in part:

It is the intent of the Town, in implementing a non-civil service hiring procedure, to use selection methods that are free from manipulation and undue influence in the interests of attracting and selecting candidates as firefighters that meet the needs of the department and community. This goal can only be achieved if all those involved in the process strictly adhere to a set of standard protocols in a fair and transparent process.

4. Under the Hiring Order, a candidate may be considered for interview following receipt of a passing score of 70 on the firefighter entrance examination.
5. The Hiring Order also requires an interview panel consisting of “the Fire Chief, Deputy Chief, a representative of the Human Resources Department and such other personnel as the Fire Chief may designate to include,” to interview the candidates.
6. After an interview of each candidate by the interview panel, the Fire Chief or his designee recommends finalists for appointment by the Board of Selectmen, which is also the Board of Fire Engineers (“BOS/BFE”).
7. In early 2018, the Fire Department had three open entry-level firefighter positions.
8. Peterson arranged with a private testing company to administrator the  firefighter entrance examination in April 2018.
9. Chief DeLorie’s son took and passed the April 2018 firefighter entrance examination.
10. The son of Peterson’s wife’s first cousin, who is also the son of a Wellesley firefighter, passed the April 2018 firefighter entrance examination.
11. Chief DeLorie designated Peterson to manage the hiring process.
12. The Hiring Order also lists “significant hiring considerations,” which it describes as reflecting a “departmental preference.”
13. “Significant hiring considerations” include: Wellesley residency, current or prior Town of Wellesley employment, military service, gender and ethnicity representation, paramedic or EMT certification or enrollment, special language proficiency, education, prior firefighting experience, civic awards and/or involvement in community activities.    
14. Of the 88 candidates who passed the April 2018 firefighter entrance examination, Peterson identified 27 individuals as being appropriate for “significant hiring consideration.”
15. Out of the 27 individuals Peterson identified as being appropriate for “significant hiring consideration,” Peterson and the Wellesley Human Resources Director (“HR Director”) selected approximately five candidates to interview for the open firefighter positions, including Chief DeLorie’s son and the son of Peterson’s wife’s first cousin.
16. The Wellesley Firefighters Local 1795 (“Union”) objected to being excluded from the firefighter candidate selection process.
17. In response to the Union’s objection, Peterson and the HR Director added additional candidates to interview.  
18. An interview panel consisting of Peterson, the HR Director and staff, the Union president and a ranking member of the Fire Department interviewed eight candidates on September 17, 2018.
19. Peterson did not file a G.L. c. 268A disclosure regarding his participation in the selection and interview of the son of his wife’s first cousin and the seven other competing firefighter candidates.
20. On September 17, 2018, following the interviews of the eight firefighter candidates selected by Peterson and the HR Director, the members of the interview panel agreed on the selection of three candidates to be recommended to the BOS/BFE for appointment as firefighters.
21. Chief DeLorie’s son was not among the three candidates selected for recommendation to the BOS/BFE for appointment.
22. The son of Peterson’s wife’s first cousin was not among the three candidates selected for recommendation to the BOS/BFE for appointment.
23. Peterson informed Chief DeLorie of the interview panel’s candidate selections for recommendation to the BOS/BFE for appointment to the three vacancies. Chief DeLorie criticized the candidates selected and the omission of certain candidates for interview.
24. At Chief DeLorie’s direction, Peterson halted the hiring process while DeLorie conferred with members of the BOS/BFE.
25. Peterson decided to hold a second round of interviews.
26. Peterson decided to exclude Human Resources from the second round of interviews  
27. Peterson focused the second round of interviews on community involvement, and a general discussion with the candidates to gauge their “fit” into the department.
28. Peterson drafted questions for the second round of interviews to elicit Chief DeLorie’s son’s experience in the area of community involvement.
29. After the second round of interviews, Chief DeLorie’s son was among three candidates selected for recommendation to the BOS/BFE for appointment.
30. After the second round of interviews, the son of Peterson’s wife’s first cousin was not among the three candidates selected for recommendation to the BOS/BFE for appointment.
31. After the second round of interviews, the HR Director received notice of the candidates selected for recommendation to the BOS/BFE for appointment and declined further participation in hiring process.
32. Wellesley Labor Counsel and the BOS/BFE became involved in the firefighter hiring process after the results of the second round of interviews. An additional firefighter position also became available. The BOS/BFE directed the interview panel to conduct a third round of interviews. Chief DeLorie’s son was one of the finalists following this third round of interviews, and the BOS/BFE appointed him as a firefighter.
33. The starting salary for a Wellesley firefighter is approximately $50,000.

Conclusions of Law

§ 23(b)(2)(ii)

34. 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.
35. As Assistant Fire Chief, Peterson is a municipal employee as that term is defined by G.L. c. 268A, § 1(g).
36. The opportunity for Chief DeLorie’s son to be interviewed and selected for recommendation to the BOS/BFE for appointment was a privilege.
37. The privilege was unwarranted because, contrary to the Hiring Order,  Peterson scheduled a second round of interviews when the first interview panel did not select Chief DeLorie’s son for recommendation to the BOS/BFE for appointment.
38. Peterson knowingly used his Assistant Chief position to secure this unwarranted privilege for Chief DeLorie’s son by taking the following actions:

1. conducting a second round of interviews despite the interview panel being comfortable with the finalists after the first interview;
2. excluding Human Resources from the second round of interviews; and
3. focusing the second round of interviews on community involvement, an area in which Chief DeLorie’s son had experience, and drafting questions focusing on community involvement that would highlight that experience.

39. This unwarranted privilege was of substantial value^[1] because the value of securing a compensated entry-level firefighter position exceeded $50.
40. Conducting a second round of interviews to provide Chief DeLorie’s son, whom the interview panel had declined to recommend for appointment, with an opportunity to be re-interviewed and selected for recommendation was not properly available to other firefighter candidates.
41. Therefore, by using his Assistant Fire Chief position to alter the firefighter hiring process to benefit Chief DeLorie’s son, Peterson knowingly or with reason to know used his official position to secure for Chief DeLorie’s son an unwarranted privilege of substantial value not properly available to similarly situated individuals. In so doing, Peterson violated § 23(b)(2)(ii).

§ 23(b)(3)

42. Section 23(b)(3) of G.L. c. 268A prohibits a municipal employee from knowingly, or with reason to know, acting in a manner which would cause a reasonable person, having knowledge of the relevant circumstances, to conclude that any person can improperly influence or unduly enjoy his favor in the performance of his official duties, or that he is likely to act or fail to act as a result of kinship, rank, position or undue influence of any party or person. The section further provides that it shall be unreasonable to so conclude if such officer or employee has disclosed in writing to his appointing authority or, if no appointing authority exists, discloses in a manner which is public in nature, the facts which would otherwise lead to such a conclusion.^[2]       
43. In selecting and interviewing the son of his wife’s first cousin as a firefighter candidate, Peterson violated § 23(b)(3) by knowingly, or with reason to know, acting in a manner which would cause a reasonable person, knowing the relevant circumstances to conclude that the son of his wife’s first cousin could unduly enjoy Peterson’s favor in the performance of his official duties as Assistant Fire Chief or that he is likely to act as a result of kinship in the performance of those duties.

Resolution

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

(1)that Jeffrey Peterson pay to the Commonwealth of Massachusetts, with such payment to be delivered to the Commission, the sum of $5,000 as a civil penalty for violating G.L. c. 268A, §§ 23(b)(2)(ii) and 23(b)(3); and

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

 

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

^[2]  Peterson did not file a disclosure.