Settlement  Disposition Agreement in the Matter of William Watkins

Date:	09/24/2024
Organization:	State Ethics Commission
Docket Number:	24-0021
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 William Watkins (“Watkins”) 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 September 21, 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 Watkins.  On April 25, 2024, the Commission concluded its inquiry and found reasonable cause to believe that Watkins violated G.L. c. 268A, § 23(b)(2)(i).

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

Findings of Fact

1. Watkins is a Town of Holbrook Select Board member, a position he has held since a special election in October 2021.
2. In September 2022, while being dropped off at his residence in Holbrook by a fellow Select Board member, Watkins mentioned to his colleague the poor condition of the walkway and steps at his residence and that he was looking for a local tradesman to repair them.
3. On Friday, September 9, 2022, the same fellow Select Board member texted Watkins: “[I] [c]an get your stairs done for free.”
4. Watkins replied by text later that evening with a thumbs-up emoji.
5. At the time, the only significant relationship between Watkins and this Select Board member was that they were both serving on the Select Board.
6. The Select Board member asked a local mason to assess the walkway and steps at Watkins’ residence.
7. On or about February 20, 2023, a local mason installed new concrete walkways at Watkins’ residence and removed the existing steps and entry porch and replaced them with new wooden ones. 
8. Watkins witnessed the installation of the walkways, steps, and porch at his residence.
9. Watkins and the mason did not, prior to or during the work at Watkins’ residence, discuss the cost of the work.  The mason did not provide Watkins with an estimate and Watkins did not inquire about the cost of the work.
10. Given that the only significant relationship between Watkins and the Select Board member who texted him on September 9, 2022 about getting Watkins’ “stairs done for free” was that they were then both serving on the Select Board, Watkins knew or should have known when he received the mason’s work without paying for it, that he was receiving it for free for or because of his official position as a Select Board member.   
11. On April 4, 2023, following local rumors and the advice of another fellow Select Board member, Watkins called the Commission’s Enforcement Division to file a self-report in this matter, stating that he had inadvertently accepted a gift of substantial value.
12. On Friday April 7, 2023, Watkins texted the mason requesting an invoice for the walkways, steps, and porch.
13. The mason, who was out of the country at the time, replied on Monday, April 10, 2023, that he was waiting on an invoice from the carpenter who did the carpentry for Watkins’ steps and porch.
14. Some months passed and the mason still had not sent Watkins the invoice.
15. On July 20, 2023, the Enforcement Division issued Watkins a private educational letter asking Watkins to provide proof of payment in full for the work completed at his residence by the mason in February 2023.
16. On July 27, 2023, Watkins texted the mason again for the invoice and the mason emailed it to him about an hour and a half later, saying that he had forgotten to send it.
17. The invoice was for $9,800, including demolition of the brick steps and excavation of the existing walkways, and the installation of the new wooden porch and concrete walkways.
18. The next day, Watkins texted the mason: “I am not prepared to pay for the services at this time.  I’m going to need to take some time to pay off this invoice.  Please advise.”
19. The mason replied: “Ok pay what u can for now and when u get rest fine.”
20. By September 2023, Watkins had not paid the mason any portion of the amount invoiced.
21. On September 21, 2023, the Commission authorized a preliminary inquiry into this matter.

22. By the conclusion of the preliminary inquiry, which the Enforcement Division reported to the Commission on April 25, 2024, Watkins had still not paid the mason for the walkways, steps, and porch.

    Conclusions of Law

    Section 23(b)(2)(i)

23. 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.
24. The Holbrook Select Board is a municipal agency as defined by G.L. c. 268A, § 1(f).  As a member of the Holbrook Select Board, Watkins 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).
25. The walkways, steps, and porch that Watkins received, as described above, were of substantial value.
26. Watkins’ receipt of the walkways, steps, and porch for free and without payment was not authorized by statute or regulation.
27. When Watkins’ accepted the walkways, steps, and porch for free, he knew or had reason to know, that his receipt of the walkways, steps, and porch was for or because of his official position as a member of the Holbrook Select Board.
28. Therefore, by receiving the walkway, steps, and porch, for free and without payment, Watkins 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, Watkins violated § 23(b)(2)(i).

Disposition

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

1. that Watkins 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 violating G.L. c. 268A, § 23(b)(2)(i);
2. that Watkins pay to the mason, with proof of such payment to be delivered to the Commission, the sum of $10,900, representing restitution, including interest, pursuant to G.L. c. 268A, § 21(b); and
3. that Watkins 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, Watkins 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.