Settlement

Settlement  In the Matter of Kendel Joyce

Date: 10/23/2018
Organization: State Ethics Commission

Table of Contents

Disposition Agreement

This Disposition Agreement is entered into between the State Ethics Commission (“Commission”) and Kendel Joyce (“Joyce”) pursuant to Section 3 of the Commission’s Enforcement Procedures.  This Agreement constitutes a consented-to final order enforceable in Superior Court, pursuant to G.L. c. 268B, §4(j).

On June 18, 2015, the Commission initiated, pursuant to G.L. c. 268B, § 4(a), a preliminary inquiry into possible violations of the conflict of interest law, G.L. c. 268A, by Joyce.  On March 29, 2018, the Commission concluded its inquiry and found reasonable cause to believe that Joyce violated G.L. c. 268A, § 20.

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

Findings of Fact

1.  Joyce was a maintenance worker at the Wrentham Housing Authority (“WHA”) during the relevant time.

2.  Nancy Siegel (“Siegel”) was the executive director of the WHA during the relevant time.

3.  Siegel and Joyce were friends during the relevant time.

4.  In or around October 2013, Siegel decided to sell the WHA’s 2005 Ford F250 pickup truck (“the Truck”).  Joyce told Siegel that he was interested in purchasing the Truck.

5.  On October 21, 2013, Siegel, on behalf of Joyce, contacted the Commission’s Legal Division for advice about whether a WHA maintenance worker could submit a bid to buy the Truck.  Siegel was provided with general information about §20 of the conflict of interest law and told to have the maintenance worker himself call the Legal Division for advice.

6.  On October 24, 2013, Joyce contacted the Legal Division for advice under the conflict of interest law.  He asked whether a “30-hour per week” maintenance worker could bid on and purchase a truck at auction from his employer, the WHA.  Joyce was advised of the restrictions under §20 of the law, and told that he could not purchase the Truck unless an exemption to this section applied to him.  The Legal Division further explained to Joyce that there was no exemption which would allow him to legally purchase the Truck. 

7.  At the relevant time, Kurt Maloof (“Maloof”) owned two businesses which bought and sold used motor vehicles in the Wrentham area.

8.  Joyce and Maloof knew each other through Joyce’s brother, who was previously employed by Maloof, as well as through work Maloof previously performed for the Town of Wrentham.   
 

9.  At Joyce’s request, Maloof agreed to purchase the Truck from the WHA on Joyce’ behalf.

10.  The Truck was advertised in the Attleboro Sun Chronicle on Sunday, December 29, 2013.  The ad, which was written and placed by Siegel as WHA executive director, offered the Truck for sale “as is, parts only” with the bids closing on January 2, 2014. 

11.  Prior to the ad’s placement, Siegel told Joyce when the Truck would be advertised and Joyce passed this information on to Maloof.

12.  The WHA subsequently received only one bid for the Truck, which was a $875 bid from Maloof.

13.  Siegel, as WHA executive director, accepted Maloof’s bid.

14.  On Sunday, January 5, 2014, Siegel signed the Truck’s title over to Maloof and Maloof, in turn, signed the Truck’s title over to Joyce. 

15.  Joyce paid $875 in cash to Maloof for the Truck.  At the time of the purchase, the Truck was worth substantially more than the amount paid by Joyce.

16.  On January 6, 2014, after receiving $875 in cash from Joyce, Maloof purchased a bank check in the same amount and submitted it to WHA in payment for the Truck.

17.  As of August 2017, the Joyce continued to own and use the Truck.

Conclusions of Law

18.  Section 20 of G.L. c. 268A prohibits a municipal employee from having a financial interest, directly or indirectly, in a contract made by a municipal agency of the same city or town, in which the same city or town is an interested party of which financial interest the employee has knowledge or reason to know.  Although many exemptions to §20 exist, none is applicable here.

19.  The WHA is a municipal agency of the Town of Wrentham. In January 2014, as an employee of the WHA, Joyce was a municipal employee as that term is defined in G.L. c. 268A, § 1. 

20.  Upon acceptance of his bid, the WHA made a contract with Maloof for the purchase and sale of the Truck in which the Town of Wrentham was an interested party. 

21.  Joyce had a financial interest in the contract between Maloof and the WHA for the purchase and sale of the Truck because Maloof was acting on his behalf in purchasing the Truck and, upon his payment to Maloof of the bid price, Joyce would own the Truck.

22.  Joyce knew of his financial interest in the contract between Maloof and the WHA.

23.  Therefore, by, while serving as WHA employee, having to his knowledge a financial interest in the WHA contract to sell the Truck to Maloof, Joyce violated § 20.

Resolution

In view of the foregoing violation of G.L. c. 268A by Joyce, the Commission has determined that the public interest would be served by the disposition of this matter without further enforcement proceeding on the following terms and conditions agreed to by Joyce:

  1. that Joyce pay to the Commonwealth of Massachusetts, with such payment to be delivered to the Commission, the sum of $3,500.00 as a civil penalty for violating G.L. c. 268A, § 20;
     
  2. that Joyce waive all rights to contest, in this or any other administrative or judicial proceeding to which the Commission is or may be a party, the findings of fact, conclusions of law and terms and conditions contained in this Disposition Agreement.
     
  3. By signing below, Joyce acknowledges that he has personally read this Disposition Agreement, that it is a public document, and that he agrees to all terms and conditions herein.

     

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