Settlement  Disposition Agreement in the Matter of John Woods

Date:	06/20/2024
Organization:	State Ethics Commission
Docket Number:	24-0015
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 John Woods (“Woods”) 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 October 19, 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 Woods. On March 21, 2024, the Commission concluded its inquiry and found reasonable cause to believe that Woods violated G.L. c. 268A, § 23(b)(2)(ii) and 23(b)(3).

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

Findings of Fact

1. At all relevant times, Woods was the Deputy Director of the Town of Carver’s Operations and Maintenance Department (“O&M”).
2. Woods and the O&M Foreman (“Foreman”) are friends. They ride dirt bikes on the Foreman’s private property.
3. The Carver Town Administrator is the appointing authority for Woods and the Foreman.
4. In or about late 2022, the Foreman gave a list of materials to Woods in order that O&M could replace a fence on the Foreman’s private property.
5. Woods, as O&M Deputy Director, authorized the replacement of the fence on the Foreman’s private property.
6. On or about December 20, 2022, Woods gave the list of materials he received from the Foreman to the O&M Maintenance Worker (“Maintenance Worker”) and directed the Maintenance Worker to purchase the materials from Lowe’s Home Improvement (“Lowe’s”).
7. On December 20, 2022, the Maintenance Worker, using a  credit card issued to the Town of Carver (“Town”), purchased 16 pieces of pressure-treated wood, screws and fasteners, totaling $522.53 after the O&M 5% discount.[1] The Maintenance Worker purchased the materials on his Town work time. 
8. The Maintenance Worker enlisted the assistance of another Town employee to load and transport the materials from Lowe’s to the O&M Building and to unload the materials. Loading, transporting and unloading the materials occurred on Town time using a Town vehicle and took approximately one hour.

9. The preparation to replace and the replacement of the fence occurred on January 3 and 4, 2023, and involved the use of Town materials and equipment, and the Town work time of at least two O&M employees.  The fence replacement occurred over approximately one and a half Town workdays.

   Conclusions of Law

   Section 23(b)(2)(ii)

10. Section 23(b)(2)(ii) prohibits a public employee from knowingly, or with reason to know, using or attempting to use their official position to secure for themselves or others an unwarranted privilege or exemption of substantial value,[2] which is not properly available to similarly situated individuals.
11. O&M is a municipal agency as defined by G.L. c. 268A, § 1(f). As O&M Deputy Director, Woods was at all relevant times an employee of a municipal agency within the meaning of § 23(b)(2)(ii), and a municipal employee as defined by G.L. c. 268A, § 1(g).
12. The use of the Town’s credit card and account benefits to purchase well over $500 worth of materials to replace a fence on private property was an unwarranted privilege because it served a private, not public, purpose.
13. The use of a Town vehicle and Town employees on their Town work time to transport materials from Lowe’s to the O&M Building to replace a fence on private property was an unwarranted privilege because it served a private, not public, purpose.
14. The use of Town materials, time, equipment, and employees on their Town work time to replace a fence on the Foreman’s private property was an unwarranted privilege because it served a private, not public purpose.
15. Woods knowingly used his O&M Deputy Director position to authorize the use of Town resources to replace the fence on the Foreman’s private property.
16. Woods’ authorization, as O&M Deputy Director, of the use of Town resources for this non-public purpose secured for the Forman an unwarranted privilege because the fence replacement was not approved by the Town Administrator, was not within the scope of O&M’s approved operations and did not further the public interest but instead was solely for the private benefit of the Foreman.
17. The Town resources used to purchase materials and to replace a fence on the O&M Foreman’s private property, including the Town’s credit card, account benefits, materials, time, equipment and employees on their Town work time, were of substantial value, and the use of those Town resources to replace the fence for the Foreman was not properly available to similarly situated individuals, that is, other Town residents wishing to have a fence replaced on their private property.

18. Thus, by, as O&M Deputy Director, authorizing the use of Town resources to replace the fence on the Foreman’s private property, Woods knowingly used his official position to secure for the Foreman an unwarranted privilege of substantial value that was not properly available to similarly situated individuals. In so doing, Woods violated § 23(b)(2)(ii).

    Section 23(b)(3)

19. Section 23(b)(3) prohibits a public employee from knowingly, or with reason to know, acting in a manner that 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.

20. By, as O&M Deputy Director, authorizing the use of Town resources to replace a fence on the private property of the Foreman with whom he was friends, Woods acted in a manner that would cause a reasonable person to believe that the Foreman could unduly enjoy his favor in the performance of his official duties as Deputy Director. In so doing, Woods violated § 23(b)(3).

    Disposition

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

(1)        that Woods pay to the Commonwealth of Massachusetts, with such payment to be delivered to the Commission, the sum of $8,000 as a civil penalty for repeatedly violating G.L. c. 268A, §§ 23(b)(2)(ii) and 23(b)(3); and

(2)        that Woods 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, Woods 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] The Town is also exempt from paying sales taxes.

[2] “Substantial value” is $50 or more. 930 CMR 5.05