Settlement  In the Matter of Robert J. O'Brien

Date:	03/24/1983
Organization:	State Ethics Commission
Docket Number:	198

Disposition Agreement

 Page 149 

This disposition agreement ("agreement") is entered into between the State Ethics Commission ("Commission") and Dr. Robert J. O'Brien ("Dr. O'Brien") 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 October 19,1982, the Commission initiated a preliminary inquiry into whether Dr. O'Brien, chairman of the Holyoke Water Commission, violated G.L. c. 268A by using employees of the Holyoke Water Department ("department") to perform repair work on his home during department working hours. The Commission concluded that preliminary inquiry and, on January 11,1983, found reasonable cause to believe that Dr. O'Brien violated G.L. c. 268A, s.23(d). The parties now agree to the following findings of fact and conclusions of law. 

1. Dr, O'Brien was a member of the Holyoke Water Commission from 1973 to August, 1982, serving as its chairman during 1982. The Water Commission is comprised of 3 part-time members who oversee the department's activities. 

2. During the week of June 21, 1982, Dr. O'Brien contacted John Kennedy, department assistant manager, and asked him to send department employees to Dr. O'Brien's home to inspect a wooden deck in order to advise Dr. O'Brien to its needed repair. 

3. On June 28, 1982, in response to Dr. O'Brien's request, two department employees met Dr. O'Brien at his home, inspected the deck and prepared a list of materials necessary to make the repairs. 

4. Following that inspection, two department employees picked up the necessary materials in a city owned vehicle at a local lumberyard, delivered those materials to Dr. O'Brien's home, and made the necessary repairs during June 29,30 and part of July 1, 1982. All of those services were performed during normal department working hours for which those department employees received wages from the city of Holyoke. During the course of certain of those repairs, Dr. O'Brien observed the employees making those repairs and allowed them to continue. At no time did Dr. O'Brien request that those repairs be performed during working hours. 

5. Lumber and materials used in those repairs were paid for by Dr. O'Brien to the lumberyard in the amount of $214.08. 

6. Following discovery of the foregoing activities by another member of the Water Commission, Dr. O'Brien resigned from the Commission and promptly reimbursed the city $465.72 for the wages paid those department employees while they were working at his home. 

7. Section 23(d) of G.L c, 268A prohibits a municipal employee form using his position to secure an unwarranted privilege for himself or others. 

8. By using his position as Water Commission chairman to request that department employees inspect his property and make necessary repairs, and by allowing those department employees to make those repairs during normal working hours, their labor paid by the city, Dr. O'Brien used his position to secure an unwarranted privilege; therefore, he violated G.L. c 268A, s.23(d). 

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 representations and terms agreed to by Dr. O'Brien: 

1. that he pay to the Commission the sum of $2,000 forthwith as a civil penalty for the following violations of G.L. c. 268A; 

a. $1,000 for his conduct in requesting department employees to inspect his property and make the necessary repairs to it and; 

b. $1,000 for his conduct in allowing department employees to perform the necessary repairs during normal working hours on June 29,30 and July 1,1982; and 

2. that he waive all rights to contest the findings of fact, conclusions of law and terms and conditions contained in this agreement in this or any related administrative or judicial proceeding to which the Commission is a party.