Settlement  In the Matter of Andrew Bayko

Date:	02/09/1981
Organization:	State Ethics Commission
Docket Number:	139

Disposition Agreement

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This Agreement is entered into between the State Ethics
Commission ("Commission") and Andrew Bayko ("Mr. Bayko") pursuant
to Section 11 of the Commission's Procedures Covering the
Initiation and Conduct of Preliminary Inquiries and Investigations.
The parties agree that this Agreement constitutes an assented to
final order of the Commission enforceable in the Superior Court of
the Commonwealth.

On September 26, 1980, the Commission, pursuant to Section
4(a) of General Laws Chapter 268B, initiated a Preliminary Inquiry
into possible violations of the Conflict-of-Interest law, General
Laws Chapter 268A, involving Mr. Bayko, the former Wiring Inspector
for the Town of Salisbury.

The Commission has concluded its Inquiry into Mr. Bayko's
involvement in the matters set forth herein and makes the following
findings of fact and conclusions of law to which the parties hereto
agree:

Findings of Fact

1. Mr. Bayko was employed by the Town of Salisbury as its
Wiring Inspector, during the period from June, 1973 through
September 15, 1980, and as such was a "municipal employee" within
the meaning of Section 1(g) of General Laws Chapter 268A.

2. On September 8,1980, Mr. Bayko submitted his resignation
to the Salisbury Board of Selectmen, and the same was accepted
effective September 15, 1980. Although Mr. Bayko had attempted to
resign his position on two prior occasions, he had been asked by
the Selectmen, and he had agreed, to continue in his capacity as
Wiring Inspector.

3. Mr. Bayko's official duties as the Town of Salisbury Wiring
Inspector included the issuing of wiring permits for electrical
work being done in the town, enforcing Section 3L of General Laws
Chapter 143 which requires that wiring permits be applied for and
obtained for all such electrical work, and inspecting all
electrical work performed in the town to insure its compliance with
Massachusetts Electrical Code, 527 CMR 12.00.

4. In addition to his official duties as Wiring Inspector,
Mr. Bayko has, since approximately 1974, performed private
electrical work .in the Town of Salisbury through Bayko Electrical
Company.

5. Mr. Bayko, during the years he served as the Salisbury
Wiring Inspector, did not apply for and obtain electrical permits
for the private electrical work that he performed in the Town of
Salisbury, as required by General Laws Chapter 143, Section 3L. His
appointing authority, the Salisbury Board of Selectmen, was aware
that Mr. Bayko was performing private services as an electrician
in the Town of Salisbury but was unaware that permits were not
being obtained for this work.

6. Mr. Bayko, during the years he served as the Salisbury
Wiring Inspector, did not have the work he performed as a private
electrician in Salisbury, inspected as required by General Laws,
Chapter 143, Section 3L.

Conclusions of Law

7. Mr. Bayko, by his conduct as set out in paragraphs 3-6
above, violated the standards of conduct for municipal employees
set out in Sections 23(d) and (e) of General Laws Chapter 268A,
which standards prohibit municipal employees and officials from
engaging in conduct which creates the impression that they can be
unduly affected in the performance of their official duties and,

from securing unwarranted privileges or exemptions for themselves
or others.

8. Mr. Bayko by his conduct as set out in paragraphs 3-6
above, violated Section 19 of General Laws Chapter 268A, by
participating in official matters in which he had a financial
interest.

Resolution

WHEREFORE, the Commission has determined that the public
interest would be served by the disposition of this matter without
further enforcement proceedings on the basis of the following
representations, terms and conditions hereby made and agreed to by
Andrew Bayko:

1. That he is represented by David Hallinan, Esquire, One
Church St., Salem, MA, 01970, and has been fully advised as to all
matters relating to these proceedings and this Agreement;

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2. That he will in the future cease and desist from
participating in his official capacity in matters in which he has
a financial interest;

3. That he pay forthwith to the Commission a civil penalty
which, in view of other sanctions imposed on Mr. Bayko by the Board
of Examiners of Electricians, the Commission has set at $250; and

4. That he waive all rights to contest the findings of fact,
conclusion of law, and terms and conditions contained in this
Agreement, in this or any related administrative or judicial
proceedings.