Settlement  Disposition Agreement in the Matter of Richard Ames

Date:	03/05/2024
Organization:	State Ethics Commission
Docket Number:	24-0004
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 Richard Ames (“Ames”) 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 Ames.  On December 21, 2023, the Commission concluded its inquiry and found reasonable cause to believe that Ames violated G.L. c. 268A, § 23(b)(2)(i).

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

Findings of Fact

1. Ames holds a GIS Coordinator and Information Management position with the Natick Water and Sewer Department.  His Information Management duties include data processing for water meters. 
2. Ames received training on the conflict of interest law in 2010.
3. The Natick Water and Sewer Department provides drinking water and sewer services to residences and businesses in the Town of Natick and is a department of the town. 
4. The Natick Water and Sewer Department 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.”)
5. The Natick Water and Sewer Department has used water meters made by the manufacturer and distributed by the distributor since at least 2003.
6. In his Information Management position, Ames is a technical expert in meter data for the Natick Water and Sewer Department and does not have purchasing authority for water meters.
7. In 2019, Ames took part in a ski trip to Stowe, Vermont, hosted by the vendors.  The vendors paid for Ames’s lodging, meals, and ski lift ticket.  Lodging cost at least $200 per person for the trip.  The dinner on the second night of the trip cost at least $40 per person, not including alcohol, tax, and gratuity.
8. In 2020, Ames took part in a ski trip to Okemo, Vermont, hosted by the vendors.  The vendors paid for Ames’s lodging, meals, and ski lift ticket.  Lodging cost at least $415 per person for the trip. 
9. In 2022, Ames took part in a ski trip to Jay Peak, Vermont, hosted by the vendors.  The vendors paid for Ames’s lodging, meals, and ski lift ticket.  Lodging cost at least $425 per person for the trip and the vendors paid $133 for Ames’s 2-day ski lift ticket. 
10. Ames understood when he accepted the vendors’ invitation to each ski trip that the vendors would pay for his lodging, meals, and ski lift ticket. 
11. Each of these 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. 
12. Ames used his Town of Natick employee sick leave to take part in each of the three ski trips.
13. In 2021, a sales representative from the manufacturer treated Ames and some colleagues to lunch at the Burton’s Grill steakhouse chain.  In 2023, the Framingham location of the Burton’s Grill featured an “all-day menu” with meals ranging from around $20 for a salad to $46 for a filet mignon, not including sides, drinks, tax, or tip.
14. In August 2022, Ames attended an event hosted by the vendors at the Envoy Hotel in Boston.  The vendors paid for rooftop drinks and dinner for their water industry guests, including employees of several municipal water districts and departments of public works, including Ames.  The cost of this event was $50 or more per person.
15. Ames knew, or had reason to know, that the vendors gave him each of the gifts described in paragraphs 7 through 14 above for or because of his Information Management position with the Natick Water and Sewer Department. 

Conclusions of Law

Section 23(b)(2)(i)

16. 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. 
17. The Natick Water and Sewer Department is a municipal agency as defined by G.L. c. 268A, § 1(f).  Given his GIS Coordinator and Information Management position with the Natick Water and Sewer Department, Ames is 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).
18. Each of the gifts Ames received, as described in paragraphs 7 through 14 above, was of substantial value.
19. Ames’s receipt of the gifts was not authorized by statute or regulation.
20. When Ames 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 Information Management position with the Natick Water and Sewer Department. 
21. Therefore, by receiving each of the above-described gifts, Ames 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, Ames repeatedly violated § 23(b)(2)(i). 

Disposition

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

(1)       that Ames 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 repeatedly violating G.L. c. 268A, § 23(b)(2)(i); and

(2)       that Ames 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, Ames 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.