Settlement  Disposition Agreement in the Matter of Thomas Cusick

Date:	06/26/2024
Organization:	State Ethics Commission
Docket Number:	24-0019
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 Thomas Cusick (“Cusick”) 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 Cusick.  On December 21, 2023, the Commission concluded its inquiry and found reasonable cause to believe that Cusick violated G.L. c. 268A, § 23(b)(2)(i).

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

Findings of Fact

1. From February 2008 to May 2019, Cusick was the Superintendent for the Town of Groveland Water and Sewer Department.
2. The Groveland Water and Sewer Department provides drinking water and sewer services to residences and businesses in Groveland and is a department of the town.
3. As Superintendent for the Groveland Water and Sewer Department, Cusick had purchasing authority for water meters and parts for the department.  All major water projects, however, required authorization by the Board of Water Commissioners.
4. Since at least 2006 and throughout Cusick’s tenure as Superintendent, the Groveland Water and Sewer Department used 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. Since May 2019, Cusick has been the Water Treatment Plant Superintendent for the Town of Newburyport Department of Public Services (“Newburyport DPS”).
6. Through the Newburyport Water Works, established in 1908 under a Special Act of the State Legislature, the Newburyport DPS provides drinking water and sewer services to residences and businesses in Newburyport, Newbury, and West Newbury and is a department of the Town of Newburyport.
7. As Water Treatment Plant Superintendent for the Newburyport DPS, Cusick purchases Water Treatment Plant products like fittings, pumps, tubing, and valves from the distributor.  The Water Treatment Plant purchased such products from the distributor for years prior to Cusick’s tenure with the Newburyport DPS.
8. In 2021 and 2022, the vendors promoted their water meters to the Newburyport DPS.  A person within the Newburyport DPS who was considering the vendors’ proposals asked Cusick about his experience purchasing from the distributor and the quality of the water meters made by the manufacturer.  Cusick responded that he found the distributor to provide good service and the manufacturer’s technology to be reliable.
9. To this day and throughout Cusick’s tenure, Newburyport has not purchased its water meters from the vendors.
10. In 2018, Cusick took part in a ski trip to Sugarloaf, Maine, hosted by the vendors.  The vendors paid for Cusick’s lodging, meals, and ski lift ticket.
11. In 2019, Cusick took part in a ski trip to Stowe, Vermont, hosted by the vendors.  The vendors paid for Cusick’s lodging, meals, and ski lift ticket.  Lodging cost at least $200 per person.  The dinner on the second night of the trip was at least $40 per person, not including alcohol, tax, and gratuity.
12. In 2020, Cusick took part in a ski trip to Okemo, Vermont, hosted by the vendors.  The vendors paid for Cusick’s lodging, meals, and ski lift ticket.  Lodging cost at least $415 per person for the trip.
13. In 2022, Cusick took part in a ski trip to Jay Peak, Vermont, hosted by the vendors.  The vendors paid for Cusick’s lodging, meals, and ski lift ticket.  Lodging was at least $425 per person for the trip and the vendors paid $133 for Cusick’s 2-day ski lift ticket.
14. Cusick understood when he accepted the vendors’ invitation to each ski trip that the vendors would pay for his lodging, meals, and ski lift ticket.
15. Each of the 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.
16. Cusick used vacation time to take part in each of the four ski trips.

17. Cusick knew, or had reason to know, that the vendors gave him each of the gifts described in paragraphs 10 through 16 above for or because of his official positions, first as Superintendent for the Groveland Water and Sewer Department and then as Water Treatment Plant Superintendent for the Newburyport DPS.

    Conclusions of Law

    Section 23(b)(2)(i)

18. 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.
19. The Newburyport DPS is a municipal agency as defined by G.L. c. 268A, § 1(f).  As Water Treatment Plant Superintendent of the Newburyport DPS, Cusick 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).
20. The Groveland Water and Sewer Department is a municipal agency as defined by G.L. c. 268A, § 1(f).  As Superintendent of the Groveland Water and Sewer Department, Cusick was 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).
21. Each of the gifts Cusick received, as described in paragraphs 10 through 16 above, was of substantial value.
22. Cusick’s receipt of the gifts was not authorized by statute or regulation.
23. When Cusick received each gift, he knew, or had reason to know, that the vendors gave him the gift for or because of his official position: first as Groveland Water and Sewer Department Superintendent and then as Newburyport DPS Water Treatment Plant Superintendent.

24. Therefore, by receiving each of the above-described gifts, Cusick 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, Cusick repeatedly violated § 23(b)(2)(i).

    Disposition

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

(1)        that Cusick pay to the Commonwealth of Massachusetts, with such payment to be delivered to the Commission, the sum of $13,000 as a civil penalty for repeatedly violating G.L. c. 268A, § 23(b)(2)(i); and

(2)        that Cusick 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, Cusick 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.