Date: | 05/03/1999 |
---|---|
Organization: | State Ethics Commission |
Docket Number: | 585 |
- This page, In the Matter of Hugh K. Hubbard, is offered by
- State Ethics Commission
Settlement In the Matter of Hugh K. Hubbard
Table of Contents
Disposition Agreement
The State Ethics Commission ("Commission") and Hugh K. Hubbard ("Hubbard") 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.40).
On July 22,1998, the Commission initiated, pursuant to G.L. c. 268B, s.4(a), a preliminary inquiry into possible violations of the conflict of interest law, G.L. c.
268A, by Hubbard. The Commission has concluded its inquiry and, on April 21, 1999, by a majority vote, found reasonable cause to believe that Hubbard violated G.L. c. 268A.
The Commission and Hubbard now agree to the following findings of fact and conclusions of law:
1. Hubbard was, during the time relevant, a member of the Belchertown Water District Commission ("BWDC"). As such, he was a municipal employee as that term is defined in G.L. c. 268A, s. I (g). Hubbard has served on the BWDC since 1988.
2. The BWDC is an elected, three member board which oversees the operation of the Belchertown Water District ("District"). The BWDC meets monthly to review and approve bills and to authorize significant expenditures.
3. The commissioners sign the pay warrants. A minimum of two commissioners must sign a warrant before it can be paid.
4. In September 1994, the BWD commissioners appointed Hubbard's wife, Carol Hubbard ("Carol"), clerk treasurer. Carol receives an annual salary of approximately $10,000.[1/]
5. Carol is supervised by the BWD commissioners including her husband, Hubbard. [2/]
6. Carol is paid monthly. The BWD commissioners, including Hubbard, approve the weekly warrant with her monthly salary on it.
7. The number of hours Carol works per week varies with the time of year and the amount of work. During the annual meeting and any period of heavy BWD construction activity, it may take her up to 25 hours per week to prepare the invoices, warrants, and payments. During slower times, she may only need three hours per week to get all of her work done. No one other than the BWD commissioners certifies the number of hours Carol works each month. By approving the weekly warrant with her monthly salary on it, the BWD commissioners, in effect, certify that she has satisfactorily performed her duties.[3/]
7. During the period of 1994 through 1998, Hubbard as a BWD Commissioner approved weekly warrants authorizing his wife to receive a total of $45,000 in salary payments.
8. Except as otherwise permitted in that section,[4/] G.L. c 268A, s. 19 in relevant part prohibits a municipal employee from participating as such in a particular matter in which to his knowledge he or an immediate family member has a financial interest.
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9. The decisions by the BWDC to approve the pay warrants were particular matters.[5/]
10. Because Hubbard was substantially and personally involved in making the foregoing decisions, he participated[6/] in those particular matters.[7/]
11. Each such decision involved a Hubbard immediate family member, Hubbard's wife. Hubbard's wife had a financial interest in those particular matters. Hubbard was, of course, aware of her financial interest in these decisions at the time he so participated.
12. Therefore, by participating in the payment decisions as described above. Hubbard repeatedly participated in particular matters as a BWDC member in which to his knowledge his wife had a financial interest, thereby violating s. 19.
13. Hubbard did not realize that signing the pay warrants certifying the hours worked and authorizing payment of his wife's salary violated L. 268A.[8/]
In view of the foregoing violations of G.L. c. 268A by Hubbard, the Commission has determined that the public interest would be served by the disposition of this matter without further enforcement proceedings.[9/] In disposing of this matter by this disposition agreement, Hubbard waives 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.