|Organization:||State Ethics Commission|
Settlement In the Matter of Robert Calo
This Disposition Agreement ("Agreement") is entered into between the State Ethics Commission ("Commission") and Robert Calo ("Calo") pursuant to s.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, s.4(j).
On June 12, 1994, the Commission initiated, pursuant to G.L. c. 268B, s.4(a), a preliminary inquiry into allegations that Calo had violated the conflict of interest law, G.L. c. 268A. The Commission has concluded its inquiry and, on September 27, 1994, voted to find reasonable cause to believe that Calo violated G.L. c. 268A, s.3.
The Commission and Calo now agree to the following facts and conclusions of law:
1. At all times here relevant, Calo was employed by the Massachusetts Highway Department ("MHD") as a civil engineer. As such, Calo was a state employee as that term is defined in G.L. c. 268A, s.1.
2. Middlesex Paving Corporation ("Middlesex") is a group of affiliated companies doing business in Massachusetts. Middlesex performs a variety of construction services including maintenance and street paving. A substantial portion of Middlesex's business consists of state contracts.
3. As a MHD civil engineer, Calo was responsible for supervising and inspecting work performed by state contractors, including Middlesex.
4. During 1992, Middlesex successfully bid for MHD contracts valued at over $28 million. These contracts were awarded to Middlesex as the lowest qualified bidder.
5. On December 19, 1992, Middlesex hosted a Christmas party at the Marriott Long Wharf Hotel in Boston. The explicit purpose of the party was to foster goodwill with employees and individuals doing business with Middlesex. The party included cocktails, dinner, entertainment and overnight hotel accommodations for certain guests.
6. Calo and his wife attended the Middlesex party and stayed overnight at the Marriott as Middlesex's guests. The cost to Middlesex was approximately $170.
7. Section 3(b) of G.L. c. 268A prohibits a state employee from accepting anything of substantial value for or because of any official act or act within his official responsibility performed or to be performed by him. Anything with a value of $50 or more is of substantial value for s.3 purposes.
8. By receiving $50 or more in entertainment and hotel accommodations from Middlesex while, as a MHD civil engineer, he was supervising Middlesex's contracts, and where he had been involved in prior Middlesex contracts and was likely to be involved in future Middlesex contracts, Calo received a gift of substantial value for or because of acts within his official responsibility performed or to be performed by him. In so doing, Calo violated G.L. c. 268A, s.3(b).
9. The Commission is aware of no evidence that the entertainment referenced above was provided to Calo with the intent to influence any specific act by him as a MHD civil engineer or any particular act within his official responsibility. The Commission is also aware of no evidence that Calo took any official action concerning any Middlesex contracts in return for the gratuities. However, even though the gratuities were only intended to foster official goodwill, they were still impermissible.
10. Calo fully cooperated with the Commission's investigation.
In view of the foregoing violations of G.L. c. 268A by Calo, 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 Calo:
(1) that Calo pay to the Commission the sum of three hundred and forty dollars ($340.00) for violating G.L. c. 268A, s.3(b);
(2) that Calo will act in conformance with the requirements of G.L. c. 268A in his future conduct as a state employee; and
(3) that Calo waive all rights to contest the findings of fact, conclusions of law and terms and conditions contained in this agreement and in any related administrative or judicial proceedings to which the Commission is or may be a party.