Settlement

Settlement  In the Matter of G. Shepard Bingham

Date: 02/21/1984
Organization: State Ethics Commission
Docket Number: 250

Table of Contents

Disposition Agreement

 

This disposition agreement (agreement) is entered into between the State Ethics Commission (Commission) and G. Shepard Bingham (Mr. Bingham) pursuant to s.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).

Page 175

On October 25, 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 Mr. Bingham, a member of the Lynnfield Conservation Commission. The Commission has concluded that preliminary inquiry and, on November 15, 1983, found reasonable cause to believe that Mr. Bingham violated G.L. c. 268A, s.s.17(a) and 17(c). The parties now agree to the following findings of fact and conclusions of law:

1. Mr. Bingham has been a member of the Lynnfield Conservation Commission (Conservation Commission) since July, 1981. All members of the Conservation Commission were previously classified as special municipal employees pursuant to G.L. c. 268A, s.1(n).

2. At all times relevant hereto, Mr. Bingham was also an attorney engaged in the private practice of law with an office in Lynnfleld. During 1982 and 1983, Mr. Bingham provided professional legal services to Rocco Botta, a private contractor and developer, in connection with a residential subdivision located on Bryant Street in Lynnfield (subdivision).

3. On March 23, 1982, Mr. Bingham appeared on behalf of Mr. Botta, as his attorney, in connection with a public hearing before the Conservation Commission relating to that subdivision. At that time, Mr. Bingham excused himself from sitting as a member of the Conservation Commission during those proceedings.

4. On February 15, 1983, Mr. Bingham represented Mr. Botta at a meeting of the Conservation Commission. At that time, Mr. Bingham requested that the Conservation Commission release certain lots within a subdivision owned by Mr. Botta which was subject to a prior Order of Conditions imposed by the Conservation Commission. Mr. Bingham proposed, and the Conservation Commission accepted, the
posting of a performance bond by Mr. Botta to ensure that the work required by the prior Order of Conditions would be completed. Mr. Bingham abstained from participating as a member of the Conservation Commission in that matter.

5. Mr. Bingham received compensation from Mr. Botta for his professional services rendered as an attorney on behalf of Mr. Botta in connection with the foregoing matters. That compensation included Mr. Bingham's legal services in connection with the foregoing appearances before the Conservation Commission in 1982
and 1983.

6. G.L. c. 268A, s.s.17(a) and 17(c) prohibit a special municipal employee, otherwise than in the proper discharge of his official duties, from receiving compensation or acting as attorney for a private party in connection with any particular matter in which his town has a direct and substantial interest, and (a) in
which he, as a special municipal employee, has at any time participated in, or (b) which is or within one year has been the subject of his official responsibility, or (c) which is pending in the municipal agency in which he is now serving. Each of the foregoing appearances by Mr. Bingham on behalf of Mr. Botta before the Conservation Commission were matters which had been a subject of Mr. Bingham's official responsibility as a member of the Conservation Commission and which were pending in the municipal agency in which Mr. Bingham served. By his actions set out in the foregoing paragraphs, Mr. Bingham violated G.L. c. 268A, s.s.17(a) and 17(c).

WHEREFORE, 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 Mr. Bingham:

1. That he, in the future, refrain from acting as attorney for or receiving compensation from private parties in connection with particular matters in which the town of Lynnfield has a direct and substantial interest, prohibited by G.L. c. 268A, s.s.17(a) and 17(c); and

2. that he pay to the Commission a civil penalty in the amount of $750 for violating G.L. c. 268A, s.s.17(a) and 17(c); and 

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

End Of Decision

Help Us Improve Mass.gov  with your feedback

Please do not include personal or contact information.
Feedback