Related to:
Settlement

Settlement In the Matter of Francis J. Molloy

Date: 08/14/1984
Organization: State Ethics Commission
Docket Number: 263

Disposition Agreement

Page 191   

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.

Feedback

Did you find what you were looking for on this webpage? * required
We use your feedback to help us improve this site but we are not able to respond directly. Please do not include personal or contact information. If you need a response, please locate the contact information elsewhere on this page or in the footer.
We use your feedback to help us improve this site but we are not able to respond directly. Please do not include personal or contact information. If you need a response, please locate the contact information elsewhere on this page or in the footer.

If you need to report child abuse, any other kind of abuse, or need urgent assistance, please click here.

Tell us what you think