Former ConCom agent facing state ethics charges

Former Canton Conservation Agent Robert Murphy is facing state ethics charges and some potentially hefty civil penalties for “repeatedly violating” the conflict of interest law while he was employed by the town, the State Ethics Commission alleged last week.

The charges, which are detailed in an “order to show cause” that was filed by the commission’s Enforcement Division on Thursday, July 17, stem from Murphy’s involvement with a private engineering firm that provided paid services to several Canton projects from 2010 to 2012.

During this period, Murphy, according to the order, acted as president of M&M Engineering, Inc., an Easton-based firm that was linked to eight Canton permit applications dating back to March 2010.

The commission has alleged that Murphy “prepared the applications, assisted M&M contractors in drafting plans, and hired contractors to present the proposed projects to the [Conservation Commission] … Meanwhile, as a ConCom consultant, Murphy reviewed the eight applications and plans prior to their presentation to the ConCom.”

Murphy, according to the order, “received at least $2,400 for his work on the eight projects.” He also failed to disclose his relationship with M&M to the ConCom or to the Board of Selectmen, his appointing authority.

The order alleges that Murphy repeatedly violated both Section 17(a) of the conflict of interest law, which prohibits a municipal employee from receiving compensation for matters in which the municipality is a party or has a “direct and substantial interest,” and Section 23(b)(3), which prohibits an employee from acting in a manner that would create an appearance of a conflict of interest.

The order comes after an initial screening phase and a formal investigation that was launched by the Ethics Commission last July.

The details of Murphy’s involvement with M&M Engineering were originally uncovered several months earlier by members of the ConCom and were first reported by the Canton Citizen in February 2013.

ConCom members were reportedly shocked and dismayed when they first learned of Murphy’s alleged interest in M&M — to the point that four of the seven members were prepared to resign in protest unless Murphy either stepped down or was ordered to do so by the selectmen.

ConCom members, according to the minutes of a November 2012 executive session, had told a representative of town counsel in the presence of Murphy that a line had been crossed with regard to the conflict of interest law, and they ultimately voted 5-2 to request Murphy’s resignation. A week later, members of ConCom reaffirmed their position in what sources say was a highly charged meeting with selectmen.

The joint meeting, which was attended by Murphy, eventually ended in a stalemate with selectmen voting 2-2-1 on the question of whether to dismiss the longtime agent. Sources say the two sides were scheduled to reconvene three days later; however, selectmen called off the meeting after being told that Murphy was planning to resign. Murphy, however, reportedly changed his mind, and a few weeks later, selectmen voted unanimously to terminate his contract — officially “without cause,” according to then Chairman Bob Burr.

Reached by telephone on Monday, Victor Del Vecchio, the board’s current chairman, declined comment on the state’s allegations against Murphy. “We just learned of this ‘show cause’ order today,” Del Vecchio said. “We were not apprised of the Ethics Commission investigation.”

ConCom Chairman Deb Sundin, reached via email, also declined comment on the matter, and attempts by the Citizen to reach Murphy were unsuccessful.

The commission will next schedule the matter for a public adjudicatory hearing within the next 90 days, where Murphy will be allowed to present evidence and testimony on his behalf. At the conclusion of the hearing, the commissioners will issue a “decision and order” stating whether there was a violation of the law.

Murphy also has the right to appeal any decision directly to the Superior Court, or he could settle the matter by means of a public “disposition agreement,” whereby he admits to violating the conflict of interest law and agrees to pay a civil penalty.

If he is found to have violated the conflict of interest law, Murphy could face a penalty of up to $10,000 per violation.

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Posted by Jay Turner on Jul 24 2014. Filed under News, Town Government. Both comments and pings are currently closed.