Settlement

Settlement  In the Matter of Rita Walsh-Tomasini

Date: 12/20/1984
Organization: State Ethics Commission
Docket Number: 275

Table of Contents

Disposition Agreement

Page 207 

This Disposition Agreement (Agreement) is entered into between the State Ethics Commission (Commission) and Rita Walsh-Tomasini (Mrs. Walsh-Tomasini) 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 11,1984, the Commission initiated a preliminary inquiry into whether Mrs. Walsh-Tomasini, Boston School Committee president, violated the conflict of interest law, G.L. c. 268A. The Commission has concluded the preliminary inquiry and, on November 8, 1984, found reasonable cause to believe that Mrs. Walsh-Tomasini violated G.L. c. 268A, s.19. 

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

1. Mrs. Walsh-Tomasini is a member and president of the Boston School Committee. She has been a member since 1982, and president since January 1984. As such, she was and is a municipal employee within the meaning of G.L. c. 268A, s.1(g). 

2. Pursuant to St. 1964, c. 465, Boston School Committee members may appoint an administrative staff which is exempt from civil requirements. Each member is allotted a specific sum of money for these salaries and exercises sole discretion as to how many persons will be hired, whom they will be and their salaries. 

3. On August 11, 1983, Mrs. Walsh-Tomasini appointed her son, Mark Tomasini, to her staff in the position of clerk/typist at a yearly salary of $14,199.96, effective August 15, 1983. At that time, each member's staff allotment was $40,000.

4. On December 1,1983, Mrs. Walsh-Tomasini requested an advisory opinion under G.L. c. 268B from the Commission on the question of whether G.L. c. 268A permits school committee members to hire members of their immediate family to serve on their personal staffs. The request did not indicate that Mrs. Walsh-Tomasini had already hired her son. 

5. On December 28, 1983, the Commission issued a confidential conflict of interest opinion to Mrs. Walsh-Tomasini, advising her that G.L. c. 268A, s.19 prohibits her from hiring a member of her immediate family. or otherwise participating as a school committee member in any particular matter in which a member of her immediate family has a financial interest. At the time of this opinion. the Commission, relying on the information provided by Mrs. Walsh- Tomasini, was still unaware that Mark Tomasini was on her administrative staff. 

6. At a Boston School Committee meeting on June 12,1984, Mrs. Walsh-Tomasini voted for an order (which passed by an 8-5 vote) to increase the staff allocation for each member from $40,000 to $43,000. 

7. On August 20, 1984, Mrs. Walsh-Tomasini signed a personnel action report to the school committee personnel office increasing Mark Tomasini's salary by $1,500 per year, retroactive to January 1, 1984. 

8. On August 24, 1984, Mrs. Walsh-Tomasini authorized Mark Tomasini's lay-off, effective September 14,1984. 

9. Section 19 of G.L. c. 268A prohibits a municipal official from participating as such in a particular matter in which a member of her immediate family[1] has a financial interest. By appointing and retaining her son on her administrative staff, by voting to increase the staff salary allotment and by authorizing her son's salary increase, Mrs. Walsh-Tomasini violated G.L. c. 268A, s.19. 

WHEREFORE, 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 conditions agreed to by Mrs. Walsh-Tomasini: 

1. that she pay to the Commission the sum of $1,000.00 as a civil penalty for violating G.L. c. 268A, s.19; and 

2. that she 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.

[1] G.L c. 268A. s.1(e) defines "immediate family." as "the employee and his spouse, and their parents, children, brothers and sisters."

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