| Date: | 03/16/1982 |
|---|---|
| Organization: | State Ethics Commission |
| Docket Number: | 152 |
- This page, In the Matter of Henry Brawley, is offered by
- State Ethics Commission
Settlement
Settlement In the Matter of Henry Brawley
Table of Contents
Disposition Agreement
This Agreement is entered into between the State Ethics Commission ("Commission") and Henry A. Brawley ("Mr. Brawley") pursuant to Section 11 of the Commission's Procedures Covering the Initiation and Conduct of Preliminary Inquiries and Investigations. The parties agree that upon its execution this Agreement shall constitute a final order of the Commission, enforceable in the Superior Court of the Commonwealth, pursuant to Section 4(d) of G.L.c.268B.
On December 22,1981, the Commission initiated a Preliminary Inquiry into possible violations of the Conflict-of-Interest Law, G.L. c. 268A, involving Mr. Brawley's conduct as Chairman of the Hull Sewer Commission. The Commission has concluded its Inquiry into Mr. Brawley's involvement in the matters set forth in this Agreement, and makes the following findings of fact and conclusions of law to which the parties hereto agree:
1. Mr. Brawley was the Chairman of the Permanent Hull Sewer Commission from May 21, 1980 until his resignation on July 17,1981. He was also a
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member of the Hull Zoning Board of Appeals, and the Hull Town Surveyor through July of 1981. In addition, Mr. Brawley has for many years operated a private surveying business D/B/A Brawley Associates.
2. On or about March 5,1981, the Town of Hull entered into a contract with R. J. Delmonico Inc., General Contractors, for emergency sewer construction and repair work. The original amount of that contract was $10,711.
3. The emergency construction work was performed by the Delmonico company during the months of March through May of 1981. Because of difficulties encountered in that work, and the need for repair work beyond the scope of the original contract, change orders to this contract amounting to over $40,000 were approved by all the members of the Sewer Commission, including Mr. Brawley, during the term of this contract.
4. During the aforementioned construction, Mr. Brawley acted as liaison between the Sewer Commission, the Board of Selectmen and the contractor. He was often at the construction site monitoring the progress of the work, and participating in decisions relating to the amount and scope of the work necessary to complete the project.
5. During the period March through May of 1981, Brawley Associates was retained by J. R. Delmonico, Inc., to do two surveying jobs for it. The first job took one day in March to complete and Mr. Brawley received a $200 fee for his work. The second job took approximately three days in May for Mr. Brawley and an associate to complete. In return for his surveying company's work on this second job, J. R. Delmonico, Inc., provided Mr. Brawley with a newly paved driveway at no charge.
6. By accepting surveying work from J. R. Delmonico, Inc., at a time when that company was performing services under a contract which was being supervised by the Hull Sewer Commission, Mr. Brawley violated s.23(a) of the Standards of Conduct set out in G.L. c. 268A. Section 23(a) prohibits municipal employees and officials from accepting private employment which would impair their independence of judgment in the performance of their official duties.
7. By participating in decisions of the Sewer Commission affecting the financial interests of J. R. Delmonico, Inc., such as change orders, at a time when he was performing or had an agreement to perform private surveying work for that same company, Mr. Brawley violated s.19 of G.L. c. 268A. Section 19 prohibits municipal employees and officials from participating in decisions which affect the financial interests of businesses for which they are working, or with whom they are negotiating for work.
WHEREFORE, the Commission has determined that the public interest would be served by the disposition of this matter without further enforcement proceedings brought on its behalf pursuant to G.L. c. 268B, on the basis of the following terms and eonditions hereby made and agreed to by Mr. Brawley:
1. That Mr. Brawley will pay to the State Ethics Commission the sum of $1,000 as civil penalty for violating s.s.23(a) ad 19 of G.L. c. 268A; and
2. That Mr. Brawley waives all rights to contest findings of fact and conclusions of law in this or any related judicial or administrative proceedings in which the State Ethics Commission is a party.
End Of Decision