COMMONWEALTH OF MASSACHUSETTS
STATE ETHICS COMMISSION
SUFFOLK, ss.
COMMISSION
ADJUDICATORY
DOCKET NO. 05-0007
IN THE MATTER
OF
JOHN R. LLEWELLYN
DISPOSITION
AGREEMENT
This Disposition
Agreement is entered into between the State Ethics Commission and John R. Llewellyn pursuant to Section 5 of the Commission’s
Enforcement Procedures. This Agreement constitutes a consented-to final order
enforceable in Superior Court, pursuant to G.L. c. 268B, §4(j).
On June 22, 2005, the Commission initiated, pursuant to G.L. c. 268B, §4(a), a preliminary inquiry
into possible violations of the conflict of interest law, G.L. c. 268A, by Llewellyn.
The Commission concluded its inquiry and, on September 21, 2005, found reasonable cause to believe that Llewellyn violated
G.L. c. 268A, §20.
The Commission and Llewellyn now agree to the following findings of fact and conclusions of law:
-Findings of Fact-
1.
Llewellyn has been a police officer with the Rockland Police Department
(RPD) since 1988. The RPD promoted Llewellyn to patrol sergeant in 1997.
2.
In 1999, Llewellyn was elected to the Board of Selectmen. Llewellyn served two terms as a selectman for a total of six years.
He left the Board in April, 2005.
3.
Section 20 of the conflict of interest statute, G.L. c. 268A, generally
prohibits a municipal employee, such as a selectman, from having a financial interest in a contract with the same municipality. Llewellyn relied on the selectmen’s exemption to §20 to continue to hold his
paid patrol sergeant position in the RPD while he served as a selectman. The
selectman’s exemption, however, prohibits a selectman from being appointed to any additional municipal position while
he is a selectman or for six months thereafter.
4.
On or about September 24, 2004, Llewellyn contacted the State Ethics
Commission and asked whether, as a selectman, he was eligible for promotion to deputy chief in the RPD.
5.
The Commission advised Llewellyn that the § 20 selectman’s exemption
made him ineligible for an additional position, such as deputy chief, while he was a selectman or for six months thereafter.
6.
Llewellyn understood that § 20 did not permit him to accept an additional
position.
7.
In late December, 2004, the RPD chief offered Llewellyn the deputy
chief position.
8.
Llewellyn accepted the offer in late December, 2004. The promotion went into effect January, 2005.
9.
After accepting the position, Llewellyn sought to resign from the Board
of Selectmen. After learning of the costs involved for holding a special election
to fill a selectman vacancy, Llewellyn decided to stay on the Board until April, 2005, when the next election was scheduled
to occur.
10.
Llewellyn left the Board shortly before the April, 2005 election.
-Conclusions of Law-
11.
Section 20 of G.L. c. 268A prohibits a municipal employee from having
a financial interest, directly or indirectly, in a contract made by a municipal agency of the same city or town, in which
the same city or town is an interested party of which financial interest the employee has knowledge or reason to know, unless
an exemption applies. The selectmen’s exemption to §20, in relevant part,
provides the following: “This section shall not prohibit an employee or
an official of a town from holding the position of selectman in such town nor in any way prohibit such an employee from performing
the duties of or receiving the compensation provided for such office; provided, however, that such selectman shall not, except
as hereinafter provided, receive compensation for more than one office or position held in a town, but shall have the right
to choose which compensation he shall receive; provided, further, that no such selectman may vote or any on any matter which
is within the purview of the agency by which he is employed or over which he has official responsibility; and, provided further,
that no such selectman shall be eligible for appointment to any such additional position while he is still a member of the
board of selectmen or for six months thereafter.”
12.
As a patrol sergeant and as a selectman, Llewellyn was at all relevant
times a municipal employee as that term is defined in G.L. c. 268A, §1.
13.
Section 20 prohibited Llewellyn, as a Rockland selectman, from having
a financial interest in his RPD patrol sergeant contract unless he complied with the selectman’s exemption.
14.
The selectman’s exemption to §20 permits a municipal employee
to keep his original, paid, position with the town. Additionally, the selectman’s
exemption permits a municipal employee to be reappointed to that same municipal
position.
15.
Thus, Llewellyn could keep his original RPD patrol sergeant’s
position while serving as a selectman. Additionally, he could be reappointed
to that same position while he serving as selectman.
16.
The selectman’s exemption, however, prohibits a municipal employee who is elected to the Board of Selectmen
from being eligible for appointment or re-appointment to a new position while he
serves on the Board of Selectmen or for six months thereafter. The deputy chief position was such a new position.
17.
Therefore, Llewellyn violated § 20 by accepting a promotion to deputy
chief while he was still a selectman.
-Resolution-
In view of the foregoing violation of G.L. c. 268A by Llewellyn, 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 Llewellyn:
(1)
that Llewellyn pay to the Commission the sum of $2,000.00 as a civil
penalty for violating G.L. c. 268A, §20;
(2) that Llewellyn resign his position as deputy chief in the Rockland Police Department within 30 days of the time this
Disposition Agreement is executed by the Commission through its Executive Director;
(3) that Llewellyn waive all rights to contest the findings of fact, conclusions of law and terms and conditions contained
in this Agreement in this or any other related administrative or judicial proceedings to which the Commission is or may be
a party.
STATE ETHICS COMMISSION
By:
//ss//
__ _ __//ss//______________
Peter
Sturges, Executive Director
John R. Llewellyn
Dated: December 19, 2005
Dated: November
17, 2005
I, John R. Llewellyn, have personally read the above Disposition Agreement.
I understand that it is a public document and that by signing it, I will have agreed to all of the terms and conditions
therein including payment of $2,000.00 to the State Ethics Commission.
_//ss//____________________
John R. Llewellyn
Dated: November 17, 2005
