Settlement  Disposition Agreement in the Matter of Thomas Gaughan

Date:	04/29/2024
Organization:	State Ethics Commission
Docket Number:	24-0008
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 Gaughan (“Gaughan”) 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 Gaughan.  On December 21, 2023, the Commission concluded its inquiry and found reasonable cause to believe that Gaughan violated G.L. c. 268A, § 23(b)(2)(i).

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

Findings of Fact

1. Gaughan was the Superintendent for the Southampton Water Department from 2015 until his retirement in September 2023.
2. The Southampton Water Department provides drinking water services to residents and businesses in the Town of Southampton and is a department of the town.
3. As Superintendent for the Southampton Water Department, Gaughan had purchasing authority for water meters and parts for the department.  All major water projects, however, required authorization by the elected Board of Water Commissioners, Gaughan’s appointing authority as Superintendent.
4. Since 2004 and throughout Gaughan’s tenure as Superintendent, the Southampton Water 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. In 2020, Gaughan took part in, with his spouse, a ski trip to Okemo, Vermont, hosted by the vendors.  The vendors paid for lodging and meals for Gaughan and his spouse, both of whom had season passes to ski at the resort.  Lodging cost at least $415 per room for the trip.  Gaughan and his spouse stayed in the same room.
6. Gaughan understood when he accepted the invitation to take part in the ski trip that the vendors would pay for lodging and meals for him and his spouse. 
7. The ski trip 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 the ski trip, joined by a limited number of spouses and other guests. 
8. In the fall of 2020, Gaughan took part in a golf outing hosted by the manufacturer.  The manufacturer paid for Gaughan’s greens fees and meals, the cost of which were $50 or more per person. 
9. Gaughan knew, or had reason to know, that the vendors gave him each of the gifts described in paragraphs 5 through 8 for or because of his official position as Superintendent of the Southampton Water Department. 

Conclusions of Law

Section 23(b)(2)(i)

10. 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. 
11. The Southampton Water Department is a municipal agency as defined by G.L. c. 268A, § 1(f).  As Superintendent of the Southampton Water Department, Gaughan 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).
12. Each of the ski trip and golf outing gifts Gaughan received from the vendors, as described in paragraphs 5 through 8 above, was of substantial value.
13. Gaughan’s receipt of the gifts was not authorized by statute or regulation.
14. When Gaughan received each gift, he knew, or had reason to know, that the vendors gave him each gift for or because of his official position as Superintendent of the Southampton Water Department. 
15. Therefore, by receiving the ski trip and golf outing gifts from the vendors, Gaughan 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, Gaughan repeatedly violated § 23(b)(2)(i). 

Disposition

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

(1)        that Gaughan pay to the Commonwealth of Massachusetts, with such payment to be delivered to the Commission, the sum of $6,000 as a civil penalty for repeatedly violating G.L. c. 268A, § 23(b)(2)(i); and

(2)        that Gaughan 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, Gaughan 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.