Date: | 05/12/1989 |
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Organization: | State Ethics Commission |
Docket Number: | 368 |
- This page, In the Matter of George Colella, is offered by
- State Ethics Commission
Settlement In the Matter of George Colella
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]
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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.