Settlement

Settlement  In the Matter of John R. Stone, Jr.

Date: 11/22/1988
Organization: State Ethics Commission
Docket Number: 364

Table of Contents

Disposition Agreement

This Disposition Agreement (Agreement) is entered into between the State Ethics Commission (Commission) and John Stone, Jr. (Mr. Stone) 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). 

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On April 6, 1987, the Commission initiated a preliminary inquiry, pursuant to G.L. c. 268B, s.4(a), into possible violations of the conflict of interest law, G.L. c. 268A, involving Mr. Stone, a member of the Gill Board of Health. The Commission concluded its inquiry and, on October 26, 1987, found reasonable cause to believe that Mr. Stone violated G.L. c. 268A.

The parties now agree to the following findings of fact and conclusions of law:

1. At all times material herein, Mr. Stone was a member of the Gill Board of Health. As such, Mr. Stone is a municipal employee as that term is defined in G.L. c. 268A, s. 1 (q).

2. Stone is also a self-employed contractor; and, as such, he provides a number of different services to private parties such as interior and exterior work on homes.

3. On March 24, 1986, the Gill Board of Health received a letter from Robert P. Bishop, supervising sanitarian for the state Department of Public Health, in which Bishop stated that his office had received a complaint about sanitary conditions at 5 Cross Street in Gill (the property).

4. On April 3, 1986, Mr. Stone, Bishop id another Gill Board of Health member inspected the property. There appeared to be multiple violations of the sanitary code.

5. Mr. Stone sent a letter dated April 9.1986 to the owner of the property. The letter set out the violations and stated that the building was condemned.

6. In September, 1986, the local realtor for the property contacted Mr. Stone. The realtor asked Mr. Stone to make the necessary repairs to the building.

7. Subsequent to being retained by the realtor, but before beginning repairs, Mr. Stone met with Selectwoman Geraldine Johnson to ask if he would have any problems when he did the work on the property. Ms. Johnson told Mr. Stone that she did not see any problem with his performing the work as long as be was not involved with the reinspection of the property or the lifting of the condemnation order.

8. Shortly thereafter Mr. Stone began renovating the property. He did sheetrocking, painting, wallpapering and other renovations on the interior which took care of the problems listed on the Board of Health condemnation order.

9. Mr. Stone received approximately $3,500 as payment for his work on the property.

10. On March 9, 1987, with work on the house completed, the Gill Board of Health issued a certificate of habitation for the property. Two members of the Board of Health other than Mr. Stone participated in the reinspection of the property.

11. General Laws c. 268A, s. 17(a) prohibits a municipal employee, otherwise than as provided by for the proper discharge of official duties, from directly or indirectly receiving or requesting compensation from anyone other than the town in relation to any particular matter in which the same town is a party or has a direct and substantial interest.

12. Both the condemnation order and the reinspection are particular matters for purposes of the conflict of interest law.

13. In light of the town's extensive regulation of local health matters, any work done pursuant to a condemnation order and/or in anticipation of a subsequent reinspection is work done "in relation to" matters of interest to the town.[1]

14. The $3,500 Mr. Stone received for doing the repairs was not received in the course of his discharging any official duties.

15. By receiving $3,500 for work done to make repairs on the property, Mr. Stone received compensation from someone other than his town in relation to both the condemnation order and the subsequent reinspection, thereby violating G.L. c. 268A, s. 17(a).

16. The Commission is unaware of any evidence to indicate that Mr. Stone knew he was violating s. 17(a) when he acted as described above.[2] In addition, the Commission has given consideration to the fact that Mr. Stone showed sensitivity to the conflict issue by obtaining advice in advance from a Selectman. Mr. Stone cannot rely on such advice as a defense, however.[3] In order to protect himself from the risk that his own or others' analysis of the situation was incorrect, Mr. Stone was entitled to seek a written opinion from the Commission. Such an opinion, sought in advance and based on an accurate representation of the material facts, would provide a complete defense against an alleged violation of the conflict of interest law.[4]

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 Mr. Stone:

1. that he pay to the Commission the amount of two hundred fifty dollars ($250.00)[5] as a civil penalty for his violation of s. 17(a); and

2. that he waive all rights to contest the findings of fact, conclusions of law and terms and conditions proposed under this Agreement in this or any related administrative or judicial civil proceeding in which the Commission is a party.

[1] See EC-COI-87-31. 

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

[3] See, In the Matter of John J. Hanlon, 1986 SEC 253, 255. 

[4] Mr. Stone could also have sought a written opinion from Town Counsel. Such an opinion, once reviewed and concurred with by the 

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Commission pursuant to 930 CMR 1.03. would also have provided a complete defense. 

[5] But for the mitigating factors described above, the Commission would have insisted on a higher fine. The Commission may impose a fine up to $2,000 for each violation.

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