| Date: | 07/12/2007 |
|---|---|
| Organization: | State Ethics Commission |
| Docket Number: | 07-0026 |
- This page, In the Matter of Francis Marchand, is offered by
- State Ethics Commission
Settlement
Settlement In the Matter of Francis Marchand
Table of Contents
Disposition Agreement
This Disposition Agreement is entered into between the State Ethics Commission and Francis Marchand pursuant to Section 5 of the Commission's Enforcement Procedures. This Agreement constitutes a consented-to final order enforceable in Superior Court, pursuant to G.L. c. 268B, s. 4(j).
On May 9, 2007, the Commission initiated, pursuant to G.L. c. 268B, s. 4(a), a preliminary inquiry into possible violations of the conflict of interest law, G.L. c. 268A, by Marchand. The Commission concluded its inquiry and, on June 13, 2007, found reasonable cause to believe that Marchand violated G.L. c. 268A.
The Commission and Marchand now agree to the following findings of fact and conclusions of law:
Findings of Fact
1. Marchand is the Westborough State Hospital ("Hospital") Director of Maintenance of Facilities and Engineering. As such, Marchand was, at all relevant times, a state employee as that term is defined in G.L. c. 268A, s.1(g).
2. In October 2006, the Hospital posted an opening for a carpenter position. The position pays approximately $33,000 per year.
3. There were several applicants for the position, including Marchand's brother-in-law (Marchand's wife's sister's husband).
4. Marchand participated in the hiring process by reviewing the resumes and serving on a five member panel that interviewed the candidates. Marchand participated in the panel's interviewing and grading of each candidate. Based on this process, Marchand's supervisor, who sat on the panel, recommended that the brother-in-law be hired. The brother-in-law was ultimately hired for the position.
5. Marchand did not disclose that one of the candidates was his brother-in-law.
Conclusions of Law
Section 23(b)(3)
6. Section 23(b)(3)of G.L. c. 268A in relevant part prohibits a municipal official from, knowingly or with reason to know, acting in a manner which would cause a reasonable person, knowing all of the relevant facts, to conclude that anyone can improperly influence or unduly enjoy that person's favor in the performance of his official duties. This section further provides that it shall be unreasonable to so conclude if the municipal official has disclosed in writing to his appointing authority the facts which would otherwise lead to such a conclusion.
7. By participating in the hiring process where his brother-in-law was a candidate, Marchand knowingly or with reason to know acted in a manner which would cause a reasonable person with knowledge of the relevant facts to conclude that his brother-in-law could unduly enjoy Marchand's favor in the performance of his official duties.
Resolution
In view of the foregoing violation of G.L. c. 268A by Marchand, 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 Marchand:
(1) that Marchand pay to the Commission the sum of $1,000 as a civil penalty for violating G.L. c. 268A, s.23(b)(3)[1];
(2) that Marchand waive all rights to contest the findings of fact, conclusions of law and terms and conditions contained in this Agreement in this or any other related administrative or judicial proceedings to which the Commission is or may be a party.