Settlement  In the Matter of Edward Brooks

Date:	11/13/1981
Organization:	State Ethics Commission
Docket Number:	149

Disposition Agreement

Page 74

This Agreement is entered into between the State Ethics Commission ("Commission") and Edward Brooks ("Mr. Brooks") pursuant to Section 11 of the Commission's Procedures Covering the Initiation and Conduct of Preliminary Inquiries and Investigations. The parties agree that upon its execution, this Agreement shall constitute an assented to final order of the Commission enforceable in the Superior Court under s.4(d) of G.L. c. 268B.

On June 11, 1981, the Commission initiated a Preliminary Inquiry into possible violations of the conflict-of-interest law, G.L. c. 268A, concerning Mr. Brooks' involvement as a former employee of the Boston Water and Sewer Commission ("BWSC") in matters in which he had previously participated as an employee of the BWSC.
 

The Commission has concluded its Preliminary Inquiry into Mr. Brooks' involvement in the matters set forth herein, and makes the following findings of fact and conclusions of law to which the parties hereto agree:

1. Mr. Brooks was employed by the BWSC as a collection clerk from January 1980, through January 2,1981, and as such was a "municipal employee" as defined in s.1(g) of G.L. c. 268A.
 

2. In his capacity as a collection clerk, Mr. Brooks was assigned delinquent BWSC accounts for collection.
 

3. During his employment at the BWSC, Mr. Brooks was assigned and personally and substantially "participated" (as that term is defined in s.1(j) of G.L. c. 268A) in, the collection of the Long Bay Management account and the accounts of Port Antonio Associates, Guscott Associates, Kensington Associates, and Nazing Court Associates, all of which are affiliated with the Long Bay Management account.
 

4. During February and March of 1981, and after leaving the employ of the BWSC, Mr. Brooks was retained by Long Bay Management to provide it with professional services relating to its outstanding BWSC account. Mr. Brooks was paid $475 by Long Bay Management for these services.
 

5. This compensation related to the delinquent accounts of Long Bay Management and its affiliated companies, accounts which Mr. Brooks had worked on while employed at the BWSC.
 

6. By receiving private compensation as a former municipal employee in relation to these delinquent accounts, the collection of which he had handled as an employee of the BWSC, Mr. Brooks violated s.18(a) of G.L. c. 268A, which restricts the activities of former municipal employees.

WHEREFORE, the Commission has determined that the public interest would be served by the disposition of this matter without further enforcement proceedings brought pursuant to G.L. c. 268B, on the basis of the following terms and conditions hereby made and agreed to by Mr. Brooks:

1. That Mr. Brooks will hereby cease and desist from receiving compensation from, or acting as agent for any party other than the City of Boston, in relation to any BWSC delinquency which was outstanding in 1980, the collection of which he personally and substantially participated in while employed at the BWSC; and
 

2. That he pay to the State Ethics Commission within 45 days of the execution of this Agreement, the sum of $500 as civil penalty for violating s.18(a) of G.L. c. 268A.
 

End Of Decision