Settlement  In the Matter of Dennis Flynn

Date:	06/18/1985
Organization:	State Ethics Commission
Docket Number:	291

Disposition Agreement

Page 245

This disposition agreement (Agreement) is entered into between the State Ethics Commission (Commission) and Dennis Flynn (Mr. Flynn) pursuant to s. 11 of the Commission's Enforcement Procedures. This Agreement constitutes a consented to final Commission order enforceable in Superior Court pursuant to G.L. c. 268B, s. 4(d).

On May 28, 1985, the Commission initiated a preliminary inquiry pursuant to the conflict of interest law, G.L. c. 268A, involving Mr. Flynn, an employee of the Boston Fire Department. The Commission concluded its inquiry on June 18, 1985, finding reasonable cause to believe that Mr. Flynn violated G.L. c. 268A, s. 23(par. 2)(2). The parties now agree to the following findings of fact and conclusions of law:

1. Mr. Flynn has been a member of the Boston Fire Department (fire department) since 1971. As a fire department employee, Mr. Flynn is a municipal employee within the meaning of G.L. c. 268A, s. 1(n).

2. Since January, 1984, Mr. Flynn has been the acting supervisor of maintenance for the fire department. As acting maintenance supervisor, Mr. Flynn is responsible for all fire department equipment, including all motor vehicles used by the maintenance department.

3. Mr. Flynn owns a summer home in the Pocasset section of Bourne, Massachusetts.

4. On six occasions from mid-March to early April, 1985, Mr. Flynn drove a fire department vehicle assigned to the maintenance department (a tow truck, pick-up truck or automobile) from Boston to his Pocasset home and back (approximately 120 miles), using fire department gasoline or diesel fuel. On each occasion, Mr. Flynn
went to his Pocasset home on personal business which was unrelated to his duties with the fire department.

5. Fire department regulations prohibit the use of fire department vehicles for personal business.

6. The economic value of Mr. Flynn being able to use these city vehicles for the above-described private purposes was approximately $500.

7. General Laws c. 268A, s. 23(par. 2)(2) provides in pertinent part that a municipal employee may not use or attempt to use his official position to secure unwarranted privileges or exemptions for himself. By using fire department vehicles for his personal business, Mr. Flynn violated s. 23(par. 2)(2).

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 terms agreed to by Mr. Flynn:

1. that he cease and desist from using any fire department vehicles or other property for his personal purposes;

2. that he forfeit the economic advantage he derived from violating s. 23 by paying to the City of Boston the sum of $500; and

3. that he pay to the State Ethics Commission the amount of $500 as a civil penalty for violating G.L. c. 268A, s. 23(par. 2)(2).
 

End Of Decision