|Organization:||State Ethics Commission|
Settlement In the Matter of Francis J. Molloy
This Disposition Agreement (Agreement) is entered into between the State Ethics Commission (Commission) and Francis J. Molloy (Mr. Molloy) pursuant to section 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 8, 1984 the Commission initiated a preliminary inquiry into whether Mr. Molloy violated G.L. c. 268A by virtue of being a full-time municipal employee while also serving as a member of the Franklin Town Council. The Commission concluded that preliminary inquiry and on May 29, 1984 found reasonable cause to believe that Mr. Molloy violated G.L. c. 268A, s.20. The parties now agree to the following findings of fact and conclusions of law.
1. Mr. Molloy served as a Franklin town councilor from April, 1981 to July 1, 1984. The Franklin Town Council, the legislative body for the town, is composed of 15 members who are elected for two-year terms.
2. Mr. Molloy was employed by the Franklin fire department as a full-time paid fireman throughout the period he served as a member of the town council.
3. In March, 1983, Mr. Molloy requested an opinion from the Commission as to whether his dual positions with the town of Franklin were a "violation of G.L.c.268A.”
4. On March 22,1983, the Commission provided Mr. Molloy with an opinion indicating that G.L. c. 268A, s.20 did not permit him to have a financial interest in the fire department position while also maintaining his membership on the town council.
5. Mr. Molloy thereafter continued to hold both positions although he had received the commission's opinion and was fully aware that he was in violation of G.L.c.268A.
6. In April, 1984, Mr. Molloy ran for re-election to the town council, despite the fact that he had previously been informed that his two positions with the town violated G.L. c. 268A; Mr. Molloy was re-elected.
7. On or about May 9, 1984, Mr. Molloy resigned from the town council, effective July 1, 1984.
8. Section 20 of G.L. c. 268A prohibits a municipal employee from having a financial interest in a contract made by an agency of the same municipality.
9. By having a financial interest in the Franklin fire department position while also being a Franklin town councilor, Mr. Molloy violated s.20.
Based on the foregoing facts, 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. Molloy:
1. that he pay to the Commission the sum of $250 forthwith as a civil penalty for violating G.L. c. 268A, s.20; and
2. 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 to which the Commission is a party.