| Date: | 08/04/2014 |
|---|---|
| Organization: | State Ethics Commission |
| Docket Number: | 14-0009 |
- This page, In the Matter of Michael Potaski, is offered by
- State Ethics Commission
Settlement
Settlement In the Matter of Michael Potaski
Table of Contents
Disposition Agreement
The State Ethics Commission (“Commission”) and Michael Potaski (“Potaski”) enter into this Disposition 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, § 4(j).
On April 19, 2013, the Commission initiated a preliminary inquiry, pursuant to G.L. c. 268B, § 4(a), into possible violations of the conflict of interest law, G.L. c. 268A, by Potaski. On March 20, 2014, the Commission concluded its inquiry and found reasonable cause to believe that Potaski violated G.L. c. 268A, § 17(c).
The Commission and Potaski now agree to the following findings of fact and conclusions of law:
Findings of Fact
1. From 2008 to the present, Potaski, a resident of Uxbridge, has served as a member of the Uxbridge Conservation Commission (“ConCom”).
2. Since 2011, and in his private capacity, Potaski served as the unpaid vice president of Uxbridge Housing Associates, Inc. (“UHA”), a private non-profit organization that provides housing for low-income seniors and disabled individuals.
3. The ConCom is responsible for issuing Orders of Conditions ("permits") to remove, fill, dredge or alter property near wetlands.
4. UHU owns the Crown and Eagle, an Uxbridge housing development with approximately 66 units.
5. On October 22, 2012, Mumford River Condominium Trust (“Mumford”) filed a Notice of Intent (“NOI”) with the ConCom for a permit to dam and divert the watercourse underneath its building.
6. Uxbridge Housing Associates, as owner of Crown and Eagle, which is located downstream from Mumford's building, opposed the permit because it was UHA’s understanding that the permit violated Crown and Eagle's water rights and because of health concerns related to water stagnation.
7. Potaski recused himself from participating as a ConCom member in the public hearings involving the Mumford NOI.
8. However, Potaski as UHA vice president, represented UHA in opposition to the permit at the Mumford NOI hearings on November 5 and 19 and
December 3, 2012.
9. On November 29, 2012, on behalf of UHA as its vice president, Potaski emailed the Massachusetts Department of Environmental Protection (“DEP”) regarding the Mumford NOI in hopes that the DEP would intervene to prevent the ConCom from issuing a permit.
10. Potaski’s actions on behalf of UHA were not in the proper discharge of his ConCom duties.
Conclusions of Law
§ 17(c)
11. Section 17(c) of G.L. c. 268A prohibits a municipal employee from, otherwise than in the proper discharge of his official duties, acting as agent for anyone other than the municipality in connection with a particular matter in which the municipality is a party or has a direct and substantial interest.
12. As a ConCom member, Potaski was a “municipal employee,” as that term is defined in G.L. c. 268A, § 1.
13. The Mumford NOI was a particular matter because it was an application.1
14. The Town of Uxbridge was a party to and had a direct and substantial interest in that particular matter because the ConCom was the permit granting authority.
15. Potaski acted as agent for UHA by representing UHA at the Mumford NOI hearings and emailing the DEP on UHA’s behalf concerning the Mumford NOI.
16. By acting on UHA’s behalf in connection with the Mumford NOI as described above, Potaski acted as agent for someone other than the town in connection with a particular matter in which the town was a party and/or had a direct and substantial interest. By doing so, Potaski violated § 17(c).
Resolution
In view of the foregoing violations of G.L. c. 268A by Potaski, 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 and conditions agreed to by Potaski:
- that Potaski pay to the Commonwealth of Massachusetts, with such payment to be delivered to the Commission, the sum of $2,500 as a civil penalty for violating G.L. c. 268A, § 17(c); and
- that Potaski 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 Agreement.