State Ethics Commission initiates public proceedings against Rotondi
Published on May 12th, 2004
STONEHAM, MA - The Massachusetts State Ethics Commission's Enforcement Division today issued an Order to Show Cause initiating public proceedings against Stoneham Town Moderator Michael H. Rotondi. The Order to Show Cause alleges that Rotondi violated the state's conflict of interest law, G.L. c. 268A, by participating in a matter in which he had a financial interest and by using his position to increase his salary in an attempt to be enrolled in the town retirement system. A public hearing will be scheduled within 90 days.
According to the Order, in April 2003, Rotondi, who earned $200 annually as town moderator, sought enrollment in the town pension system. The town retirement board informed him that he did not qualify because he did not earn more than $200. After Rotondi told the town retirement board that the state Public Retirement Administration Commission's counsel told him he was entitled to enroll regardless of the amount of compensation he received, the board voted to table further discussion on Rotondi's request until May 27, 2003. Rotondi then drafted a warrant to authorize a transfer of $5 from the town moderator's operational account to the salary account and changed the article on the May 5, 2003 Town Meeting warrant to increase his salary from $200 to $205.
Rotondi presided over the Town Meeting as moderator. When Town Meeting members questioned the $5 salary increase, Rotondi stated that the increase was a clerical accounting matter; he did not explain the reasoning behind and the effects of the increase. The article passed. At a July 28, 2003 Town Meeting convened by members who felt misled by Rotondi's statements, the raise was rescinded. On July 29, 2003, the town retirement board denied Rotondi's request to be enrolled.
The Order alleges that Rotondi violated G.L. c. 268A, SS 19 and 23(b)(2). Section 19 prohibits a municipal employee from officially participating in matters in which an immediate family member has a financial interest.
Section 23(b)(2) of the conflict law prohibits a public employee from using or attempting to use his position to obtain for himself or others an unwarranted privilege.
The Commission has the authority to impose civil penalties of up to $2,000 per violation.
Subscribe and get Home Delivery of The Independent
Save 36% off the newstand price — that's like 18 FREE issues!