Settlement  In the Matter of Daniel Sharrio

Date:	09/14/1982
Organization:	State Ethics Commission
Docket Number:	168

Disposition Agreement

 This disposition agreement (agreement) is entered into between the State Ethics Commission ("Commission") and Daniel Sharrio (Mr. Sharrio) 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 a consented to final order of the Commission enforceable in the Superior Court, pursuant to G.L. c. 268B, s.4(d). 

On March 16,1982, the Commission initiated a preliminary inquiry, pursuant to G.L. c. 268B, s.4(a) into possible violations of the Conflict-of-Interest Law, G.L. c. 268A, involving Mr. Sharrio, Deputy Director of the Worcester Housing Authority ("WHA"). The Commission has concluded that preliminary inquiry and, on June 16,1982, found reasonable cause to believe that Mr. Sharrio has violated G.L. c. 268A, s.23(d). The parties now agree to the following findings of fact and conclusions of law: 

1. At all times material herein, Mr. Sharrio was Deputy Director of the WHA, and as such was a municipal employee as defined in G.L. c. 268A, s.1(g). 

2. General Laws Chapter 268A, s.23(d) provides in pertinent part that no municipal employee shall use or attempt to use his official position to secure unwarranted privileges or exemptions for himself or others. 

3. Mr. Sharrio violated Section 23(d) by using his official position as Deputy Director of the WHA to secure the following unwarranted privileges: 

a. On three occasions during 1980, he secured discounts in the amount of $20, $44, and $60, respectively, on personal purchases from private businesses which did business with the WHA;

 b. On one occasion in 1980, by using the WHA tax exempt organization number, he failed to pay a state sales tax and a federal excise tax totaling approximately $20 on a personal purchase; 

c. On one occasion in 1980, by using a WHA purchase order to make a personal 

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purchase from a department store, he was able to make the purchase on credit, a method of purchase not available to the general public, and, at the same time, he again avoided state sales tax, amounting to approximately $5.00; and 

d. On one occasion in 1980, he withdrew items from the WHA storeroom for his personal use valued at approximately $60. One item, valued at approximately $50, was later returned, but only after the Commission notified Mr. Sharrio that it was reviewing his conduct. 

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 agreed to by Mr. Sharrio: 

1. That in light of the five individual instances of misconduct enumerated above, but more particularly, because of the pattern of misconduct those instances represent, he pay the Commission the sum of $500 forthwith as a civil penalty for violating G.L. c. 268A, s.23(d); and 

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 related administrative or judicial proceedings.