| Date: | 12/27/2001 |
|---|---|
| Organization: | State Ethics Commission |
| Docket Number: | 651 |
- This page, In the Matter of Barry Vinton, is offered by
- State Ethics Commission
Settlement
Settlement In the Matter of Barry Vinton
Table of Contents
Findings of Fact
This Disposition Agreement is entered into between the State Ethics Commission and Barry Vinton pursuant to Section 5 of the Commission's Enforcement Procedures. This Agreement constitutes a consented-to final order enforceable in Superior Court, pursuant to GL. c. 268B, s.4(j).
On November 13, 2001, the Commission initiated, pursuant to GL. c. 268B, s.4(a), a preliminary inquiry into possible violations of the conflict of interest law, G.L. c. 268A, by Vinton. The Commission has concluded its inquiry and, on December 19, 200 1, found reasonable cause to believe that Vinton violated G.L. c. 268A, s. 19.
The Commission and Vinton now agree to the following findings of fact and conclusions of law:
Conclusions of Law
6. Section 19 of G.L. c. 268A prohibits municipal employees from participating in their official capacity in particular matters in which, to their knowledge, they or an immediate family member have a financial interest.
7. As the police chief, Vinton is a municipal employee as that term is defined in G.L. c. 268A, s.1.
8. The decisions to hire Carol as the police department clerk, fund her position, increase her hours, and approve the payroll warrants enabling her to be paid, were all particular matters.
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9. By making the recommendations to the BOS that Carol be hired and, subsequently, that her hours be increased, as well as submitting budget requests that would fund these increased hours, and signing payroll warrants enabling her to be paid, Vinton participated in his official capacity in these particular matters.
10. Vinton's wife is an immediate family member[1] as that term is defined in G.L. c. 268A, s. 1.
11. Vinton's wife had a financial interest in each of these particular matters as each involved her compensation.
12. Vinton knew of his wife's financial interest in these personnel decisions when he participated.
13. Therefore, by making the recommendations to the BOS that Carol be hired and that her hours be increased, as well as submitting budget requests funding her position and signing payroll warrants enabling her to be paid, Vinton participated as police chief in particular matters in which he knew his immediate family member had a financial interest, thereby violating s.19 on each occasion.
Resolution
In view of the foregoing violation of GL. c. 268A by Vinton, 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 Vinton:
(1) that Vinton pay to the Commission the sum of $2,000 as a civil penalty for his course of conduct in violating G.L. c. 268A, 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 in this or any other related administrative or judicial proceedings to which the Commission is or may be a party.