Settlement  Disposition Agreement in the Matter of Tania Fernandes Anderson

Date:	07/25/2023
Organization:	State Ethics Commission
Docket Number:	23-0012
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 Tania Fernandes Anderson (“Fernandes Anderson”) 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 November 17, 2022, 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 Fernandes Anderson. On March 1, 2023, the Commission concluded its inquiry and found reasonable cause to believe that Fernandes Anderson violated G.L. c. 268A, §§ 19.

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

Findings of Fact

1. Fernandes Anderson was elected to the Boston City Council on November 2, 2021, and sworn into office on January 3, 2022.  
2. Soon after her election, Fernandes Anderson appointed her sister as her full-time Director of Constituent Services.
3. Fernandes Anderson completed the State Ethics Commission’s online conflict of interest training on December 30, 2021.
4. The full Boston City Council, including Fernandes Anderson, approved her sister’s appointment as Fernandes Anderson’s Director of Constituent Services on January 3, 2022.
5. Fernandes Anderson set her sister’s initial annual salary in her Director of Constituent Services position at $65,000.
6. On June 28, 2022, Fernandes Anderson increased her sister’s annual salary to $70,000.
7. On June 29, 2022, Fernandes Anderson awarded her sister and her other full-time staff member each a $7,000 bonus. She awarded her part-time staff member a $3,000 bonus.
8. Also on June 28, 2022, Fernandes Anderson appointed her son as her full-time office manager, at an annual salary of $52,000.
9. The full Boston City Council, including Fernandes Anderson, approved her son’s appointment on July 15, 2022.
10. On July 26, 2022, Fernandes Anderson increased her son’s annual salary to $70,000.
11. Fernandes Anderson terminated the paid City of Boston employment of her sister and her son on August 31, 2022.  

Conclusions of Law

Section 19

12. Section 19 of General Laws chapter 268A prohibits a municipal employee from participating as such an employee in a particular matter in which, to their knowledge, they or an immediate family member has a financial interest.
13. As a Boston City Councilor, Fernandes Anderson was, at all relevant times, a municipal employee as defined in G.L. c. 268A, § 1(g).
14. Fernandes Anderson’s sister and son are each members of her immediate family, as defined by G.L. c. 268A, § 1(e).
15. Fernandes Anderson’s decisions to hire her sister and her son to paid Boston City Council positions, to award her sister a bonus, and to increase the annual salaries of her sister and her son, were each particular matters in which her immediate family members had a financial interest.  
16. When Fernandes Anderson participated as a Boston City Councilor in each of the particular matters as described above, she knew her sister and/or her son had a financial interest in those matters.
17. Therefore, by, as Boston City Councilor, hiring her sister and her son to paid Boston City Council positions, awarding her sister a pay bonus, and increasing the annual salaries of her sister and her son, Fernandes Anderson violated § 19.

Disposition

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

(1)       that Fernandes Anderson 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, § 19; and

(2)       that Fernandes Anderson 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, Fernandes Anderson acknowledges that she has personally read this Disposition Agreement, that it is a public document, and that she agrees to its terms and conditions.

STATE ETHICS COMMISSION