Settlement

Settlement  In the Matter of George Colella

Date: 05/12/1989
Organization: State Ethics Commission
Docket Number: 368

Table of Contents

Disposition Agreement

This Disposition Agreement (Agreement) is entered into between  the State Ethics Commission (Commission) and George Colella (Mr.  Colella) pursuant to section 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(j).

On January 11, 1989 the Commission initiated a preliminary  inquiry into possible violations of the conflict of interest law,  G.L. c. 268A, involving Mr. Colella, the Mayor of the City of  Revere. The Commission concluded its inquiry and, on May 10, 1989,  found reasonable cause to believe that Mr. Colella violated G.L.  c. 268A, s.19.

The Commission and Mr. Colella now agree to the following  findings of fact and conclusions of law:

1. At all times relevant to this matter, Mr. Colella was the  elected Mayor of the City of Revere, and, accordingly, a municipal  employee as defined in G.L. c. 268A, s.1(g).

2. J. Elizabeth Colella is Mr. Colella's daughter, and thus a  member of Mr. Colella's immediate family as that term is defined  by G.L. c. 268A, s.1(e).

3. In February of 1984, Mr. Colella hired his daughter, J.  Elizabeth, as a part-time junior clerk-typist for the City of  Revere. She was paid the hourly salary prescribed by city  ordinance, was supervised by Mr. Colella and his senior staff, id  was never promoted to any higher position. She earned $2,909.26 in  1984, $1,562.09 in 1985, $4,935.24 in 1986, $8,372,57 in 1987, and  $8,103.67 in 1988.

4. General Laws, c. 268A, s.19 provides in relevant part that,  except as permitted by s.19, municipal employees are prohibited  from participating in particular matters in which, to their  knowledge, a member of their immediate family has a financial  interest.[1]

Page 410   

5. By hiring his daughter for the position of junior clerk-  typist in the City of Revere, and by thereafter supervising her in  that position, Mr. Colella participated as the Mayor of Revere in  particular matters in which his daughter had a financial interest,  thereby violating s.19.

6. On or about November 28, 1988, Mr. Colella received a phone  call from the State Ethics Commission, informing him of the  allegations described above. On or about November 29, 1988, Mr.  Colella suspended his daughter's employment, pending the results  of this investigation.

7. Mr. Colella has stated, and the Commission has no evidence  to that contrary, that he was unaware that G.L. c. 268A, s.19  prohibited him from hiring his daughter for the position she  held.[2] He believed that, because of the unique requirement of  personal rapport between the Mayor and his direct staff, s.19 did  not apply to these positions.

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 George Colella:

1. that he pay to the Commission the amount of five hundred  dollars ($500.00)[3] as a civil penalty for his violation of  s.19;

2. that J. Elizabeth Colella resign her position; and

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

[1] None of the s.19 exceptions applies to this case.   

[2] Ignorance of the law is no defense to a violation of G.L. c.  268A. In the Matter of Joseph C. Doyle, 1980 Ethics Commission  11,13. See also, Scola v. Scola, 318 Mass. 1,7 (1945).   

[3] As general rule, the Commission considers a fine of $1,000.00  or more to be appropriate for a nepotism/hiring violation. See,  e.g. In the Matter of Thomas J. Nolan, 1987 Ethics Commission 283.  Given the mitigating factor of that J. Elizabeth Colella's work  was part-time, the Commission considers a reduction of the fine  appropriate here.

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