Settlement  In the Matter of David L. Dray

Date:	08/19/1981
Organization:	State Ethics Commission
Docket Number:	146

Disposition Agreement

This Agreement is entered into between the State Ethics
Commission ("Commission") and David L. Dray ("Mr. Dray") 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 consent to final order of the Commission enforceable in the
Superior Court of the Commonwealth, pursuant to Section 4(d) of
General Laws Chapter 268B.

On May 20, 1981, the Commission initiated a Preliminary
Inquiry, pursuant to Section 4(a) of General Laws, Chapter 268B,
into possible violations of the Conflict-of-Interest Law, Chapter
268A, involving Mr. bray, foyer Executive Director of and legal
counsel to the Hull Redevelopment Authority and former Hull Town
Counsel.

The Commission has concluded its investigation into Mr.
Dray's involvement in the matters set forth herein and has found
reasonable cause to believe that Mr. Dray has violated Section 20
of Chapter 268A. The parties agree to the following findings of
fact and conclusions of law relating to Mr. Dray's involvement in
the matters set forth herein.

Page 58

Findings of Fact

1. The Hull Redevelopment Authority (HRA) is a public agency
established pursuant to General Laws Chapter 121B for the
purposes of carrying out urban renewal projects, and as such is a
municipal agency as defined in Section 1(f) of Chapter 268A.

2. The HRA is made up of five members, four of which are
elected and one of which is appointed by the Department of
Community Affairs, and has the authority to employ legal counsel,
an executive director, and such other staff necessary to carry
out its responsibilities.

3. Mr. Dray served under contract as legal counsel to the
HRS from December 1974 until April 4,1978 in a part-time
capacity.

4. In November 1977, Mr. Dray became Acting Executive
Director to the HRA at an annual salary of $15,600, and was a
municipal employee as defined in Section 1(g) of Chapter 268A.

5. During the period of November 1977 to April 1978, while
Mr. Dray was the Acting Executive Director of the HRA, he
received $3,915 in fees under his legal services contract with
the HRA.

Conclusions of Law

6. Mr. Dray's continuation under contract as legal counsel
to the HRA, and his receipt of fees under that contract alter
November 1,1977 when he became Acting Executive Director of the
HRA violates Section 20 of Chapter 268A, in that Dray, as a
municipal employee, had a financial interest in a contract with
the same municipal agency by which he was employed from November
1977 through April 1978.

Resolution

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, terms and conditions hereby made and
agreed to by David L. Dray:

1. That he pay the State Ethics Commission the sum of $3,915
forthwith as recoupment of the salary received by him under
contract as legal counsel to the HRA while he was also the Acting
Executive Director to the HRA;

2. That he pay the State Ethics Commission the sum of $1,000
forthwith as civil penalty for violating Section 20 of Chapter
268A; and

3. 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.