Date: | 08/22/1996 |
---|---|
Organization: | State Ethics Commission |
Docket Number: | 558 |
- This page, In the Matter of Armand Gagne, is offered by
- State Ethics Commission
Settlement In the Matter of Armand Gagne
Table of Contents
Disposition Agreement
This Disposition Agreement ("Agreement") is entered into between the State Ethics Commission ("Commission") and Armand Gagne ("Gagne") pursuant to s.5 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, s.4(j).
On September 13, 1994, the Commission initiated, pursuant to G.L. c. 268B, s.4(a), a preliminary inquiry into possible violations of the conflict of interest law, G.L. c. 268A, by Gagne. The Commission has concluded its inquiry and, on July 11, 1995, found reasonable cause to believe that Gagne violated G.L. c. 268A.
The Commission and Gagne now agree to the following findings of fact and conclusions of law:
Findings of Fact
This Disposition Agreement ("Agreement") is entered into between the State Ethics Commission ("Commission") and Armand Gagne ("Gagne") pursuant to s.5 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, s.4(j).
On September 13, 1994, the Commission initiated, pursuant to G.L. c. 268B, s.4(a), a preliminary inquiry into possible violations of the conflict of interest law, G.L. c. 268A, by Gagne. The Commission has concluded its inquiry and, on July 11, 1995, found reasonable cause to believe that Gagne violated G.L. c. 268A.
The Commission and Gagne now agree to the following findings of fact and conclusions of law:
Conclusions of Law
14. Section 19 of G.L. c. 268A prohibits a municipal employee from participating[5] as such an employee in a particular matter[6] in which to his knowledge he has a financial interest.
15. The decisions and determinations by the Board of Selectmen to authorize payment of Gagne's tuition, and to transfer funds to the tuition reimbursement account, were particular matters.
16. Gagne participated as a selectman in each such decision and determination as follows: by approving the tuition invoices for payment as "Department Head"; by signing the treasury warrants after personally ensuring that the tuition payments would be included therein;[7] and by moving to have funds transferred or explaining such transfers at special Town Meetings.
17. As a student enrolled at Suffolk University, Gagne knew that he had a financial interest in these particular matters because they would result in his tuition being paid.
18. Accordingly, by participating in his official capacity in the decisions to authorize tuition payments and to transfer funds to the tuition reimbursement account, particular matters in which he had a financial interest, Gagne violated G.L. c. 268A, s.19.
19. Gagne fully cooperated with the Commission throughout its investigation.
Resolution
In view of the foregoing violations of G.L. c. 268A by Gagne, 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 and conditions agreed to by Gagne:
Page 826
(1) that Gagne pay to the Commission the sum of five thousand dollars ($5,000) as a civil penalty for his course of conduct in violating G.L. c. 268A, s.19; and
(2) that Gagne waive all rights to contest the findings of fact, conclusions of law and terms and conditions contained in this Agreement in this or any other related
administrative or judicial proceedings to which the Commission is or may be a party.