Settlement  In the Matter of David I. Walsh

Date:	01/11/1983
Organization:	State Ethics Commission
Docket Number:	188

Disposition Agreement

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This disposition agreement ("agreement") is entered into between the State Ethics Commission ("Commission") and David I. Walsh ("Mr. Walsh") 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 commission order enforceable in the Superior Court pursuant to G.L. c. 268B, s.4(d). 

On June 1, 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. Walsh, a water commissioner employed by the town of Pepperell. The Commission has concluded that preliminary inquiry and, on November 9,1982 found reasonable cause to believe that Mr. Walsh has violated G.L. c. 268A, s.s.19, 20 and 23(d). The parties now agree to the following findings of fact and conclusions of law:

A. Section 23(d)

1. Mr. Walsh is an elected member of the Pepperell Water Commission. He therefore is a "municipal employee" as defined in G.L. c. 268A, s.1(q). 

2. On July 23, 1981, and July 24, 1981, Mr. Walsh purchased tires for his personal use for $312.14 and $1,087.72 respectively, and had both of these purchases billed to the Pepperell Water Department. 

3. Although Mr. Walsh eventually was made to pay for these tires, he, by charging these purchases to the water department, avoided substantial finance charges, state sales tax and federal excise tax. 

4. Section 23(d) of G.L. c. 268A prohibits a public employee from using or attempting to use his position to secure on unwarranted privilege for himself. 

5. As a public employee, Mr. Walsh violated G.L. c. 268A, s.23(d) by attempting to use his official position to secure an unwarranted privilege (the tires) for himself. 

6. As a public employee, Mr. Walsh violated G.L. c. 268A, s.23(d) by using his official position to secure an unwarranted privilege (by not paying for the finance charges, sales tax and excise tax) for himself.

B. Sections 19 and 20

1. On January 4,1980, the Pepperell selectmen authored Mr. Walsh in his private capacity to construct a sewer line at a cost of $855.00. 

2. On January 10,1980, Mr. Walsh submitted a bill to the town for $957.50 which was approved for payment. 

3. On January 14,1980, the town of Pepperell issued its check payable to Mr. Walsh for $957.50. 

4. On February 1,1982, the Pepperell Trucking Company submitted a bid to the Pepperell Water Department for $1,514.00 including an amount of $480.00, identified as "12 hours backhoe at $40 per hour." Mr. Walsh performed this backhoe work for Pepperell Trucking. 

5. On February 8,1982, the town of Pepperell issued its check for $1,514.00 payable to Pepperell Trucking. 

6. This check was supported by a voucher approved by Kenneth L. Davis and Mr. Walsh, in their capacity as members of the Pepperell Water Commission. 

7. On February 13, 1982, Pepperell Trucking issued a check in the amount of $480 to Mr. Walsh for the backhoe work. 

8. On February 10, 1982, Pepperell Trucking submitted a bill in the amount o $1,144.00 to the Pepperell Water Department. The bill represents a charge of $160.00, identified as "4 hours backhoe at $40.00 per hour;" $858.00 "repair loader labor;" $221.00 "steel;" and $5.00 "paint." 

9. On February 16,1982, the town of Pepperell issued its check for $1,144.00 payable to Pepperell Trucking. 

10. This check was supported by a voucher approved by Raul Pena and Mr. Walsh, in their capacity as members of the Pepperell Water Commission. 

11. On February 23,1982, Pepperell Trucking issued a check to Mr. Walsh in the amount of $900.00 for the work he did on this job.

12. Section 19 of G.L. c. 268A prohibits a municipal employee from participating in matters m which he or a business organization by which he is employed has a financial interest.

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13. When he approved the two vouchers, Mr. Walsh violated G.L. c. 268A, s.19 by participating in matter in which he or a business organization by which he was employed (Pepperell Trucking) had a financial interest. 

14. Section 20 of G.L. c. 268A prohibits a municipal employee from having a financial interest in a contract made by a municipal agency of the same city or town.  

15. As a Pepperell municipal employee, Mr. Walsh violated G.L. c. 268A, s.20 by having a financial interest in the above-described three contracts with the town of Pepperell. 

In view of the foregoing violations of G.L. c. 268A, s.s.19,20 and 23, the Commission has determined that the public interest would be served by the disposition of this matter without further enforcement proceeding on the basis of the following terms and conditions agreed to by Mr. Walsh:

1. that he pay to the Commission the sum of $750 as a civil penalty for violating G.L. c. 268A, s.23(d); 

2. that he pay to the Commission the sum of $750 as a civil penalty for violating G.L. c. 268A, s.19; 

3. that he pay to the Commission the sum of $500 as a civil penalty for violating, G.L. c. 268A, s.20; 

4. that be refrain from using his position as commissioner of the Pepperell Water Department to secure unwarranted privileges for himself, prohibited by G.L. c. 268A, s.23(d); 

5. that he refrain from participating in matters in which he or any business organizations by which he is employed has a financial interest, prohibited by G.L. c. 268A, s.19; 

6. that be refrain from having a financial interest in any contract made by a municipal agency of the town of Pepperell, prohibited by G.L. c. 268A, s.20; and 

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