Settlement  In the Matter of John A. Pellicelli

Date:	06/25/1982
Organization:	State Ethics Commission
Docket Number:	162

Disposition Agreement

This Agreement is entered into between the State Ethics Commission ("Commission") and John A. Pellicelli ("Mr. Pellicelli") pursuant to Section 11 of the Commission's Procedures Covering the Initiation ad Conduct of Preliminary Inquiries an 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 April 30, 1982, the Commission, pursuant to s.4 of G.L. c. 268B, initiated a Preliminary Inquiry into possible violations of the Conflict-of-Interest Law, G.L. c. 268A, arising from Mr. Pellicelli's participation as a member of the Middleton Housing Authority in the matter in which his brother had a financial interest. The Commission has concluded its Inquiry into Mr. Pellicelli'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. Pellicelli is a member of the Middleton Housing Authority (MHA) and has been since 1976. He was most recently re- elected in 1981. There are five members of the Authority.

2. Mr. Pellicelli's brother, Paul, has worked for the MHA for 9 years at Orchard Circle, a 54-unit elderly housing complex, the Authority's only facility. 

3. When Paul Pellicelli was first hired, the maintenance man's duty was limited to outdoors ground work. As the building has aged, the job of the maintenance man has expanded to include household maintenance (i.e., plumbing, electrical) as well. 

4. On May 22,1980, at a special meeting of the MHA, the members voted to approve its FY 1981 budget. Included in the budget was a provision that Paul Pellicelli would continue to be paid as a maintenance/laborer for 30 hours per week and as a maintenance/mechanic for 10 hours per week. Also included, however, was the provision that upon submission of documentation over a 6-month period indicating the number of hours devoted to different tasks, the members would re-evaluate the classification for suitability to the duties actually performed. 

5. In December of 1980, Paul Pellicelli submitted the requested records, which indicated that he was spending more time performing tasks associated with the position of maintenance/mechanic. However, because of the opposition by two members of the Authority, no change was made in Paul Pellicelli's job title or pay at that time. John Pellicelli did not participate in that vote. 

6. On July 13, 1981, Michael DiPietro of the Commonwealth's Department of Labor and Industries wrote MHA Chairman Nathan Haywood a letter in which he stated: 

During a routine inspection of your Housing Authority, the Department's field inspector Robert Lamarre has found that a Mr. Paul Pellicelli was not receiving the proper rate of pay. 

Rates sent to your Authority May 7, 1980 list a maintenance/mechanic for $9.39 per hour and a maintenance/laborer at $7.64 per hour. Mr. Pellicelli stated and confirmed by Ms. Alice D. Millbury that he performed maintenance/mechanic work 50% of the time and maintenance/laborer work 50% of the time. 

The Department is requesting that Mr. Pellicelli be paid at 50% of the time performing maintenance/mechanics work... 

7. On July 23,1981 at a meeting of the MHA, John Pellicelli moved that the MHA comply with the Department of Labor and Industries' request. Mr. Pellicelli voted in favor, along with two other members, and the motion carried. The effect of the motions, which was clearly understood, was to reclassify Paul Pellicelli's position to 20 hours as a maintenance/mechanic and 20 hours as a maintenance/laborer, retroactive to July 1, 1980. (On an annual basis, the change results in an increase of $910.20, from $16,801.20 to $17,711.20.) 

8. By voting on July 23,1981, to reclassify his brother's position, Mr. Pellicelli violated s.19 of G.L. c. 268A which prohibits a municipal employee, as himself, from participating in a matter in which, among others, a member of his immediate family has a financial interest. That the vote was an effort to comply with the request of the Department of Labor and Industries did not render s.19 inapplicable although it is a factor in mitigation. 

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 conditions hereby made and agreed to by Mr. Pellicelli:

1. That Mr. Pellicelli will hereby cease and desist from participating in MHA matters which affect the financial interests of his brother; 

2. That Mr. Pellicelli will pay the State Ethics Commission the sum of $250 as civil penalty for violation s.19 of G.L. c. 268A; and 

3. That Mr. Pellicelli waives all rights to contest the 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.