Settlement  In the Matter of Elizabeth Buckley

Date:	09/12/1983
Organization:	State Ethics Commission
Docket Number:	220

Disposition Agreement

This Agreement is entered into between the State Ethics Commission ("Commission") and Elizabeth Buckley ("Ms. Buckley") pursuant to Section 11 of the Commission's Enforcement Procedures. This Agreement constitutes a consented to final Commission order enforceable in the Superior Court pursuant to G.L. c. 268B, s.4(d). 

On May 5, 1983, 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 Ms. Buckley, former vacancy coordinator for the City of Boston's ("City") Neighborhood Business Program. The Commission has concluded that Preliminary Inquiry and, on July 19, 1983, found reasonable cause to believe that Ms. Buckley violated s.23 (para. 2) (2). 

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The parties now agree to the following findings of fact and conclusions of law: 

1. Ms. Buckley was the vacancy coordinator for the City's Neighborhood Business Program from July 5, 1978 to December 30,1981. 

2. In April and May of 1980, Ms. Buckley wrote a series of letters on city stationery to an elderly tenant who rented an apartment from Ms. Buckley. In the first letter, dated April 14,1980 and written on City Neighborhood Business Program stationery, Ms. Buckley advised the tenant that her apartment had been decontrolled and her rent raised. The second letter, dated May 1, 1980, advised the tenant that her rent check had been rejected because the amount of the check did not cover the recent rent increase. This letter was written on Mayor's Office of Housing stationery which she obtained from the office of her son, who was head of the Office of Housing at the time. The third letter, dated May 13,1980, was an itemized bill for the rent allegedly past due; and was also written on City stationery. 

3. On November 10, 1982, in an eviction proceeding between Ms. Buckley and the tenant, the City Rent Control Administration found that Ms. Buckley's use of City stationery was an attempt to intimidate the tenant. 

4. Section 23 (para. 2) (2) of G.L, c. 268A prohibits a public employee from using her official position to secure unwarranted privileges for herself. 

5. By using City stationery to further her own private interests, Ms. Buckley violated G.L. c., 268A, s.23 (para. 2) (2). 

In view of the foregoing violation of G.L. c. 268A, s.23 (para. 2) (2), 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 and conditions agreed to by Ms. Buckley: 

1. that she pay to the Commission the sum of $500.00 as a civil penalty for violating G.L. c. 268A, s.23 (para. 2) (2); 

2. that she in the future refrain from using any public position to further her private interests; and 

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

 End Of Decision