Settlement  In the Matter of William E. Turner, Jr.

Date:	05/27/1988
Organization:	State Ethics Commission
Docket Number:	356

Disposition Agreement

This Disposition Agreement (Agreement) is entered into between the State Ethics Commission (Commission) and William E. Turner,Jr.  (Mr. Turner) 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 16, 1987, the Commission initiated a Preliminary Inquiry into possible violations of the conflict of interest law, G.L. c. 268A, involving Mr. Turner, Chairman of the West Bridgewater Zoning Board of Appeals (Board of Appeals). The Commission concluded its inquiry and on February 3, 1988, found reasonable cause to believe that Mr. Turner violated G.L. c. 268A,  s.17.

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

Mr. Turner is the Chairman of the Board of Appeals and was a member of the Board of Appeals at all times relevant to this proceeding. As a member of the Board of Appeals, Mr. Turner is a municipal employee as that term is defined in G.L. c. 268A, s.1(g).

At all times material herein, Mr. Turner has been a stockholder and member of the board of directors of the Turner Steel Company, Inc. (Turner Steel). Mr. Turner has also been a trustee and one- third beneficial owner of the Turner Industrial Park Realty Trust (TIPRT). TIPRT has owned the real estate, including the buildings, which houses Turner Steel, and has leased that property to the company.

On October 27, 1982, Mr. Turner presented a request to the Board of Appeals on behalf of TIPRT for a special permit to construct a new building. Mr. Turner did not act as a Board of Appeals member at the meeting. The permit was granted unanimously.

On September 16, 1985, an application was made to further extend the Turner Steel buildings. The building permit application was signed by Mr. Turner on behalf of TIPRT and was subsequently approved.

Prior to their reprinting in 1980, the West Bridgewater Zoning Bylaws read, concerning land and industrial zones, that 'no building shall be erected, altered or placed within 50 feet of any  street line, or 'within 40 feet of a sideline, nor within 40 feet  of a rear lot line," (Site plans for the first extension of the  Turner Steel facility, dated July 26, 1982, indicate the 40-foot  setback line.) When the bylaws were reprinted for the town in 1980, the sideline setback requirement was omitted. The sideline setback requirement was reinstated in 1986, after its omission was brought to town officials' attention. The 1985 extension of the Turner Steel buildings brought the structures to within 40 feet of the sideline.

A complaint was submitted to the Board of Selectmen in January,1986, asserting that Turner Steel had violated the sideline setback  requirement. The chairman of the Board of Selectmen asked TIPRT to apply to the Board of Appeals for a variance. Mr. Turner, as a trustee on behalf of TIPRT, filed a request for a variance on January 24, 1986, pleading hardship and unintentional error.  Shortly thereafter, and prior to any advertisement or notice to abutters, Mr. Turner withdrew his variance appeal.

On March 24, 1986, the West Bridgewater Building Inspector issued an occupancy permit for the expanded Turner Steel building.

On June 90, 1986, an appeal of the Turner Steel building permit was filed with the Board of Appeals.

The Board of Appeals held a public hearing on this   

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appeal on August 18, 1986. Mr. Turner appeared at this hearing as a trustee on behalf of TIPRT in order to answer questions addressed to him by the Board of Appeals. Mr. Turner was not there, nor did he act, as a member of the Board of Appeals.

On September 11, 1986, the Board of Appeals issued its decision on this appeal. The Board of Appeals determined that TIPRT must request a variance within 60 days of the decision. Mr. Turner, as  a trustee on behalf of TIPRT, filed such a request on October  27, 1986.

On November 25, 1986, the Board of Appeals held a public hearing to consider TIPRT's request for a variance. Mr. Turner appeared at the hearing as a trustee on behalf of TIPRT. Mr. Turner requested that the Board of Appeals approve the variance and allow the building to stand due to financial hardship if the building had to be torn down.

The Board of Appeals issued its decision on January 7, 1987, granting TIPRT a variance on the 40-foot sideline restriction. The Board of Appeals cited its reasons for the decision as hardship and lack of knowledge of the sideline restriction by both the applicant for the variance and the building inspector.

General laws c. 268A, s.17 prohibits a municipal employee, otherwise than as provided by law for the proper discharge of his official duties, from acting as agent or attorney for anyone in connection with any particular matter in which the same town is a party or has a direct and substantial interest.

By appearing before the Board as a trustee on behalf of TIPRT on October 27, 1982, August 18,1986 and November 25, 1986, Mr.  Turner acted, otherwise than in the proper discharge of his duties, as agent for TIPRT in connection with particular matters in which the town had a direct and substantial interest, thereby violating G.L. c. 268A, s.17(c) on each of those occasions.

By filing the September 16, 1985 building permit application and the January 24, 1986 variance application on behalf of TIPRT, Mr.  Turner acted, otherwise than in the proper discharge of his duties, as agent for TIPRT in connection with matters in which the town had a direct and substantial interest, thereby violating s.17(c) on each of those occasions.

The Commission has found no evidence suggesting that Mr. Turner was aware that his actions violated the conflict of interest law.

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 terms and conditions agreed to by Mr. Turner:

1. that he pay to the Commission the amount of one thousand  dollars ($1,000.00) as a civil penalty for his course of conduct  in violation of s.17(c); and

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