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Settlement

Settlement In the Matter of Anthony Rizzo

Date: 09/06/1989
Organization: State Ethics Commission
Docket Number: 373

Disposition Agreement

This Disposition Agreement (Agreement) is entered into between the State Ethics Commission (Commission) and Anthony Rizzo (Mr. Rizzo) pursuant to section 11 of the Commission's Enforcement Procedures. This Agreement constitutes a consented to final Commission order enforceable in the Superior Court pursuant to G.L. c. 268B, s.4(j). 

On August 25, 1988 the Commission initiated a preliminary inquiry into possible violations of the conflict of interest law, G.L. c. 268A, involving Mr. Rizzo, a member of the Revere School Committee. The Commission concluded its inquiry and, on July 19, 1989, found reasonable cause to believe that Mr. Rizzo violated G.L. c. 268A, s.19. 

The Commission and Mr. Rizzo now agree to the following findings of fact ad conclusions of law: 

1. At all times relevant to this matter, Mr. Rlzzo was an elected member of the Revere School Committee, and, accordingly, a municipal employee as defined in G.L. c. 268A, s.1(g). 

2. Richard Rizzo is Mr. Rlzzo's son, and thus a member of Mr. Rizzo'5 immediate family as that term is defined by G.L. c. 268A, s.1(e). 

3. In October of 1986, Mr. Rizzo participated in hiring his son, Richard Rizzo, as a security guard for the Revere School Department. Specifically, Mr. Rizzo: 

a. presided over a special School Committee meeting on the morning of October 6, 1986,[1] 

b. moved and voted to "accept the recommendation of Mr. Edward Manganiello, Principal of the High School, ad Dr. John Losco, Assistant Superintendent, re security at the Roland Merullo Field House." The School Committee (absent Mayor Colella ad Donald Goodwin) voted in favor of this motion.[2] 

4. While not expressly stated in Mr. Manganiello's recommendation or Mr. Rizzo's motion, Mr. Rizzo knew that the School Committee was creating a position that his son would occupy. 

5. Richard Rizzo was employed as a special police officer for the Revere School Department from October 6, 1986 until he resigned effective April 7, 1989. He earned $3,840 in 1986, $19,048.49 in 1987, and $19,148.46 in 1988. 

6. General Laws, c. 268A, s.19 provide relevant part that, except as permitted by s. 19,[1] 

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municipal employees are prohibited from participating in particular matters in which, to their knowledge, a member of their immediate family has a financial interest. 

7. The appointment of Richard Rizzo to the security position was a "particular matter." Anthony Rizzo "participated" in that matter by moving and voting to create the position on October 6, 1986. While the School Committee's vote during the open session of the October 6, 1986 meeting did not refer to Richard Rizzo, Mr. Rizzo knew that his son would occupy the position. 

8. Before October 6, 1986, a "special school police officer" position did not exist within the Revere School Department. No one other than Richard Rizzo has ever occupied this position. 

9. By participating in the creation of the security position with knowledge that his son was to occupy it, Mr. Rizzo participated as a School Committee member in a particular matter in which his son had a financial interest, thereby violating s.19. 

Based on the foregoing facts, 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 terms agreed to by Anthony Rizzo:

1. that he pay to the Commission the amount of one thousand dollars ($1,000.00) as a civil penalty for his violation of s.19; 

2. that he waive all rights to contest the findings of fact, conclusions of law and terms and conditions contained in this agreement or in any related administrative or judicial proceeding to which the Commission is or may be a party.

[1] The agenda for this meeting identified an R.T.A. Grievance as the sole subject for consideration. 

[2] On October 3, 1986, Edward Manganiello, Principal of the Revere High School, sent a letter to Assistant Superintendent John Losco recommending that a senior citizen be hired as a security person for the Roland Merullo Field House. The School Committee voted on this recommendation pursuant to Mr. Rizzo's motion. Richard Rizzo Filled the position. A senior citizen was not hired.

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