Settlement  In the Matter of Valorie Daigle

Date:	12/02/2009
Organization:	State Ethics Commission
Docket Number:	09-0013

Disposition Agreement

The State Ethics Commission and Valorie Daigle ("Daigle") 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 September 21, 2007, the Commission initiated, pursuant to G.L. c. 268B, § 4(a), a preliminary inquiry into alleged violations by Daigle of G.L. c. 268A, § 17, the conflict of interest law. The Commission has concluded its inquiry and, on June 19, 2008, found reasonable cause to believe that Daigle violated G.L. c. 268A, §§ 17(a) and 17(c).

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

Findings of Fact

Municipal Employment

1. Daigle was the appointed Phillipston Board of Health ("BOH") Agent in 2006 - 2007.

2. Daigle was also the appointed Templeton BOH Agent from May 2006, through June 2007. The Templeton BOH Agent has been designated a "special municipal employee" by the Templeton Board of Selectmen.

3. Daigle was also a Registered Sanitarian ("RS") in 2006 - 2007.

4. As BOH Agent for both towns, Daigle's duties included ensuring compliance with proper procedures for the installation of septic systems, including witnessing on-site soil tests, ensuring ground suitability for the installation of the systems, and issuing final approval of the installed systems.

5. Once approved by Daigle, septic systems were issued "Certificates of Compliance" by the BOHs.

Private Employment

6. From 1979 to 2000, Daigle owned and operated Northland Engineers, Inc., a soil testing and septic system design company located in Ashburnham, Massachusetts.

7. In 2000, Daigle sold Northland Engineers, Inc. to her daughter.

8. After the sale, Daigle retained the title of Treasurer of Northland Engineers, Inc., and also performed part-time work for the company. Daigle was Northland Engineers Treasurer and a part-time employee in 2006 - 2007.

9. As a part-time employee, Daigle was paid $372 on a bi-weekly basis by the company.

10. As a part-time employee of the company, Daigle's responsibilities included drafting septic system plans and certifying plans by affixing her raised RS stamp to the documents.

11. Daigle was Treasurer and a part-time employee of Northland Engineers, Inc., in 2006 - 2007, while employed as Phillipston and Templeton BOH Agent.

Phillipston Septic System Plans

12. In 2006 - 2007, Daigle witnessed, in her capacity as Phillipston BOH Agent, on-site soil tests on nine properties in Phillipston, the owners of which had hired or subsequently hired Northland Engineers, Inc. to draft septic system plans.

13. Subsequent to witnessing the on-site soil tests, Daigle, in her capacity as a Northland Engineers, Inc. employee, drafted the septic system plans for the nine properties referenced in paragraph 12, work for which she was paid as part of her bi-weekly salary.

14. Additionally, Daigle drafted a tenth septic system plan for a property located in Phillipston to which she affixed her RS stamp.

15. The 10 septic system design plans were subsequently submitted to the Phillipston BOH for approval.

Templeton Septic System Plans

16. In February 2007, Daigle witnessed, in her capacity as Templeton BOH Agent, on-site soil tests on two properties in Templeton, the owners of which had hired or subsequently hired Northland Engineers, Inc. to draft septic system plans.

17. Subsequent to witnessing the on-site soil tests, Daigle drafted the septic system plans for the two properties referenced in paragraph 16 in her capacity as a Northland Engineers, Inc. employee, work for which she was paid as part of her bi-weekly salary.

18. Daigle affixed her raised RS stamp to both design plans.

19. The two septic system design plans were subsequently submitted to the Templeton BOH for approval.

Conclusions of Law

Conclusions of Law

Municipal Employee

20. As a BOH Agent in Phillipston, Daigle was a municipal employee as defined in G.L. c. 268A, § 1(g).

21. As a BOH Agent in Templeton, Daigle was a special municipal employee as defined in G.L. c. 268A, § 1(n).

Section 17(a)

22. Section 17(a) of G.L. c. 268A prohibits a municipal employee, other than as provided by law for the proper discharge of official duties, from requesting or receiving compensation from anyone other than the same municipality in relation to a particular matter in which that municipality is a party or has a direct and substantial interest.

Phillipston

23. On 10 occasions in 2006 - 2007, Daigle drafted septic system design plans for Northland Engineers, Inc. clients for properties located in Phillipston.

24. Daigle was paid by Northland Engineers, Inc. for drafting the Phillipston septic system design plans, such payment being included as part of her bi-weekly $372 salary.

25. The 10 septic system design plans drafted by Daigle were subsequently submitted to the Phillipston BOH for approval.

26. The drafting and approval of the 10 septic system design plans were particular matters in which the town of Phillipston had a direct and substantial interest.

27. Therefore, Daigle violated § 17(a) by, as described above, requesting and/or receiving compensation from Northland Engineers, Inc. in relation to particular matters in which the town of Phillipston had a direct and substantial interest.

Templeton

28. On two occasions in February 2007, Daigle drafted septic system design plans for Northland Engineers, Inc. clients for properties located in Templeton.

29. Daigle was paid by Northland Engineers, Inc. for drafting the Templeton septic system design plans, such payment being included as part of her bi-weekly $372 salary.

30. The two septic system design plans drafted by Daigle were subsequently submitted to the Templeton BOH for approval.

31. The drafting and approval of the two septic system design plans were particular matters in which the town of Templeton had a direct and substantial interest.

32. By witnessing the on-site soil testing in her capacity as Templeton BOH Agent, Daigle participated in these particular matters as a municipal employee. Therefore, Daigle was not permitted to draft the two septic system design plans under § 17's "special municipal employee" exemption.

33. Therefore, Daigle violated § 17(a) by, as described above, requesting and/or receiving compensation from Northland Engineers, Inc. in relation to particular matters in which the town of Templeton had a direct and substantial interest.

Section 17(c)

34. Section 17(c) prohibits a municipal employee from, other than in the proper discharge of his official duties, acting as agent for anyone other than the same municipality in connection with a particular matter in which the municipality is a party or has a direct and substantial interest.

Phillipston

35. On 10 occasions in 2006 - 2007, Daigle drafted septic system design plans for Northland Engineers, Inc. clients for properties located in Phillipston.

36. Daigle affixed her RS stamp to one of the septic system design plans.

37. This septic system design plan was subsequently submitted to the Phillipston BOH for approval.

38. The drafting and approval of the septic system design plans were particular matters in which the town of Phillipston had a direct and substantial interest.

39. Therefore, Daigle violated §17(c) by, as described above, acting as agent for Northland Engineers, Inc. in connection with a particular matter in which the town of Phillipston had a direct and substantial interest.

Templeton

40. On two occasions in February 2007, Daigle drafted septic system design plans for Northland Engineers, Inc. clients for properties located in Templeton.

41. Daigle affixed her RS stamp to both of the septic system design plans.

42. These septic system design plans were subsequently submitted to the Templeton BOH for approval.

43. The drafting and approval of the septic system design plans were particular matters in which the town of Templeton had a direct and substantial interest.

44. By witnessing the on-site soil testing in her capacity as Templeton BOH Agent, Daigle participated in these particular matters as a municipal employee. Therefore, Daigle was not permitted to draft the two septic system design plans under § 17's "special municipal employee" exemption.

45. Therefore, Daigle violated § 17(c) by, as described above, acting as agent for Northland Engineers, Inc. in connection with a particular matter in which the town of Templeton had a direct and substantial interest.

Resolution

In view of the aforementioned violations of G.L. c. 268A by Valorie Daigle, the Commission has determined that the public interest would be served by the disposition of this matter without further enforcement proceedings, based on the following terms and conditions agreed to by Valorie Daigle:

(1) that Valorie Daigle pay to the Commission the sum of $5,000 as a civil penalty for violating G.L. c. 268A, §§17(a) and 17(c), as noted above; and,

(2) that Valorie Daigle waive all rights to contest, in this or any other administrative or judicial proceeding to which the Commission is or maybe a party, the findings of fact, conclusions of law, and the terms and conditions contained in this Agreement.