Settlement  In the Matter of Fred L. Gilmetti

Date:	11/01/1996
Organization:	State Ethics Commission
Docket Number:	559

Disposition Agreement

The State Ethics Commission ("Commission") and Fred L.
Gilmetti ("Gilmetti") enter into this Disposition Agreement
("Agreement") pursuant to Section 5 of the Commission's Enforcement
Procedures. This Agreement constitutes a consented to final order
enforceable in the Superior Court, pursuant to G.L. c. 268B,
s.4(j).

On July 11, 1995, the Commission initiated, pursuant to G.L.
c. 268B, s.4(j), a preliminary inquiry into possible violations of
the conflict of interest law, G.L. c. 268A, by Gilmetti. The
Commission has concluded its inquiry and, on April 29, 1996, found
reasonable cause to believe that Gilmetti violated G.L. c. 268A,
s.17(c).

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

Findings of Fact

1. Gilmetti was, during the time relevant, a Whitman Planning
Board (the "Board") member. As such, Gilmetti was a special
municipal employee as that term is defined in G.L. c. 268A,
s.1.[1]Gilmetti has been a member of the Board since 1978.

2. During the time relevant, Gilmetti was president of F.L.G.
Builders, Inc., a general construction contractor. During this
time, Gilmetti did not earn a salary from the company.

3. On October 15, 1991, the Board approved a two-lot
subdivision on Pin Oak Way. In November 1991, F.L.G. Builders,
Inc. entered into negotiations to buy the subdivision. As part of
the agreement, it was assumed that F.L.G. Builders, Inc. would
construct a road for the subdivision.

4. Due to financial difficulties, F.L.G. Builders, Inc. was
only able to purchase one of the two lots. Nevertheless, it was
agreed that F.L.G. Builders, Inc. would still build the road. The
total bond for the work was

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$22,000, of which F.L.G. Builders, Inc. put up $11,000, and the
seller put up the remainder.

5. By February 1, 1994, F.L.G. Builders, Inc. had not
completed the road. During a Board meeting on February 1, 1994,
the other lot owner and the original owner of the subdivision
requested a completion date for the road. Gilmetti, speaking on
behalf of F.L.G. Builders, Inc. and not as a Board member,[2]
stated that the work would be completed by May 31, 1994, weather
permitting.

6. As of June 14, 1994, the road work had not been completed.
During a Board meeting on this date, the Board decided to grant an
extension of August 1, 1994, for the completion of the road.

7. During a Board meeting on July 12, 1994, the Board read a
letter from Gilmetti, on behalf of F.L.G. Builders, Inc.,
pertaining to a manhole issue at the road site. The letter stated
that Gilmetti had investigated an allegation that a drain manhole
cover had been buried, and that F.L.G. Builders, Inc., or any
of its agents, was in no way responsible for the unlawful burying of
any materials on Pin Oak Way.

8. During a Board meeting on August 2, 1994, Gilmetti
reported that the road had been completed. Gilmetti requested
release of the bond for the work. The Board's engineer recommended
that the Board wait until it rained to insure that there was proper
drainage. The Board voted to hold $500 of the bond.

Conclusions of Law

9. Section 17(c) of G.L. c. 268A prohibits a municipal
employee from acting as agent or attorney for anyone other than the
municipality in relation to a particular matter in which the town
has a direct and substantial interest.

10. The ongoing determination by the Board as to whether the
Pin Oak Way road construction was adequate and whether it should
release the performance bond involved determinations and/or
decisions which were particular matters.

11. By appearing before and submitting a letter to the Board
on behalf of F.L.G. Builders, Inc. regarding the Pin Oak Way road
construction particular matter, Gilmetti acted as agent for F.L.G.
Builders, Inc. in relation to a particular matter in which the town
had a direct and substantial interest, thereby violating s.17(c).

Resolution

In view of the foregoing violations of G.L. c. 268A by
Gilmetti, 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 Gilmetti:

(1) that Gilmetti pay to the Commission the sum of one
thousand dollars ($1,000) as a civil penalty for
violating G.L. c. 268A, s.17; and

(2) that Gilmetti 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.

[1] Gilmetti is still a member of the Whitman Planning Board.

[2] Gilmetti abstained from participating as a Board member on
all matters pertaining to the Pin Oak Way road construction.

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