| Date: | 12/20/1984 |
|---|---|
| Organization: | State Ethics Commission |
| Docket Number: | 276 |
- This page, In the Matter of Richard E. Sullivan, Sr. , is offered by
- State Ethics Commission
Settlement
Settlement In the Matter of Richard E. Sullivan, Sr.
Table of Contents
Disposition Agreement
Page 208
This Disposition Agreement (Agreement) is entered into between the State Ethics Commission (Commission) and Richard E. Sullivan, Sr. (Mr. Sullivan) 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(d).
On September 25,1984, the Commission initiated a preliminary inquiry, pursuant to the conflict of interest law, G.L. c. 268A, involving Mr. Sullivan, the Mayor of Newburyport. The Commission has concluded that preliminary inquiry and, on November 8, 1984, found reasonable cause to believe that Mr. Sullivan violated G.L. c. 268A.
The parties now agree to the following findings of fact and conclusions of law:
1. Mr. Sullivan is the Mayor of Newburyport and was the Mayor at all times relevant to the Commission's preliminary inquiry. As such, he was and is a municipal employee within the meaning of G.L. c. 268A, s.1(g).
2. As the Mayor, Mr. Sullivan is the appointing authority for positions in the Newburyport Police Department.
3. On October, 1983, Mr. Sullivan appointed his son, Richard E. Sullivan, Jr., to the position of provisional communication dispatcher for the Newburyport Police Department.
4. The term of Mr. Sullivan's son's original appointment expired on December 31,1983, at which time Mr. Sullivan reappointed his son to this potion.
5. Richard E. Sullivan, Jr. resigned the position of communication dispatcher on December 7,1984.
6. General Laws, Chapter 268A, s.19(a) prohibits a municipal employee from participating in a particular matter in which an immediate family[1] member has a financial interest. By appointing (and reappointing) his son to this position with the Newburyport Police Department, Mr. Sullivan violated s.19(a).
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. Sullivan:
1. that he pay to the Commission the sum of three hundred dollars ($300.00) forthwith as a civil penalty for violating G.L. c. 268A, s.19(a); and
2. that he waive all rights to contest the findings of fact, conclusions of law and conditions contained in this Agreement in this or any related administrative or judicial proceeding in which the Commission is a party.