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massdee
Moderator
5299 Posts |
 Posted - 06/29/2008 : 8:48:52 PM
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March 28, 2008
Ethics Commission’s Enforcement Division Alleges Everett Public Schools Maintenance Manager Violated the Conflict of Interest Law
The Massachusetts State Ethics Commission’s Enforcement Division, in an Order to Show Cause issued on March 27, 2008, alleges that Lona DeFeo, Maintenance Manager of the Everett Public Schools ("EPS"), violated sections 23(b)(2) and 23(b)(3) of G.L. c. 268A, the state’s conflict of interest law, by using EPS resources and employees to perform private work for Superintendent Frederick Foresteire. A public hearing will be scheduled within 90 days.
According to the Order to Show Cause, from April to November 2002, DeFeo ordered an EPS maintenance worker to perform plumbing work in a kitchen and two bathrooms at Foresteire’s home. In October 2002, DeFeo ordered two EPS employees to obtain, cut and deliver EPS-purchased plywood to Foresteire’s home. Foresteire did not pay for the plywood or the services, and the EPS employees provided some of these services during EPS work hours.
Section 23(b)(2) of the conflict of interest law prohibits a public employee from, knowingly or with reason to know, using or attempting to use her official position to secure for herself or others an unwarranted privilege or exemption of substantial value not properly available to similarly situated individuals. The Enforcement Division alleges that DeFeo knowingly violated 23(b)(2) by using her position as Maintenance Manager to obtain EPS-purchased materials for Foresteire and to arrange to have EPS employees provide private home improvements and other services on Foresteire’s behalf, worth $50.00 or more, and during EPS work hours.
Section 23(b)(3) of the conflict law prohibits a public employee from knowingly or with reason to know, acting in a manner which would cause a reasonable person, having knowledge of the relevant circumstances, to conclude that any person can improperly influence or unduly enjoy her favor in the performance of her official duties, or that she is likely to act or fail to act as a result of kinship, rank, position or undue influence of any party or person. The Enforcement Division alleges that DeFeo knowingly violated 23(b)(3) by obtaining EPS-purchased materials for Foresteire and arranging to have EPS employees provide private home improvements and other services on Foresteire’s behalf, thus acting in a manner that would have caused a reasonable person, knowing all of the facts, to conclude that Foresteire could improperly influence or unduly enjoy DeFeo’s favor in the performance of her official duties, or that she was likely to act or fail to act as a result of rank, position or undue influence of Foresteire.
March 18, 2008
Ethics Commission’s Enforcement Division Alleges Everett Superintendent Violated the Conflict of Interest Law
The Massachusetts State Ethics Commission’s Enforcement Division, in an Order to Show Cause issued on March 14, 2008, alleges that Frederick Foresteire, Superintendent of the Everett Public Schools ("EPS"), violated section 23(b)(2) of G.L. c. 268A, the state’s conflict of interest law, by using EPS employees during work hours to perform private home improvements and by using public resources for private purposes.
According to the Order to Show Cause, from April to November 2002, Foresteire used an EPS maintenance worker to perform, at a discounted rate, plumbing work in a kitchen and two bathrooms at Foresteire’s home. In October 2002, Foresteire used two EPS employees to obtain, cut and deliver EPS-purchased plywood to Foresteire’s home. Foresteire did not pay for the plywood or the services, and the EPS employees provided some of these services during EPS work hours.
Section 23(b)(2) of the conflict of interest law prohibits a public employee from, knowingly or with reason to know, using or attempting to use his official position to secure for himself or others an unwarranted privilege or exemption of substantial value not properly available to similarly situated individuals. The Enforcement Division alleges that Foresteire knowingly violated 23(b)(2) by using his position as Superintendent to obtain EPS-purchased materials and to arrange for private home improvements and other services by EPS employees, worth $50.00 or more, during EPS work hours.
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massdee
Moderator
5299 Posts |
Posted - 06/29/2008 : 8:57:58 PM
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| From what I am being told, FFF had a court date earlier this month and will be back in court in September. |
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Cam
Member
82 Posts |
Posted - 06/30/2008 : 09:59:48 AM
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WHEN IS ENOUGH, ENOUGH???????
The majority on the School Committee needs to step-up and relieve Mr Foresteire from his position. Apparently, these state ethic issues will not be going away anytime soon. We should not be made to endure this embarrassment any longer. I do not want Mr Foresteire to have the opportunity to retire and bleed the taxpayers to pay his pension. He has already cost us enough with the alleged work he has had done in his home over the years.
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massdee
Moderator
5299 Posts |
Posted - 06/30/2008 : 1:26:20 PM
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Someone just sent me the following. It's been a long time and I had forgotten about it. Does anyone remember when this happened? Things certainly haven't changed much through the years.
In the Matters of John Shay and Frederick Foresteire (July 7, 1992)
The Ethics Commission fined Everett School Committee member John Shay and Everett School Superintendent Frederick Foresteire for violating the Massachusetts Conflict of Interest law when Foresteire arranged for a “free” paint job for Shay’s apartment done by a school department painter. In separate Disposition Agreements reached with the Ethics Commission, both Shay and Foresteire admitted that their actions violated G.L. c. 268A, the conflict law, and agreed to pay the fines. Shay admitted to violating Section 3 of the conflict law, which prohibits public employees from accepting anything of substantial value ($50 or more) that is given to them for or because of their official position. Shay agreed to pay a $500 fine for the violation, and also agreed to pay an additional $250 forfeiture to the Commonwealth for the unlawful benefit of the paint job. Foresteire admitted to violating Section 23(b)(3) of the conflict law by asking a school department painter to paint Shay’s apartment, and agreed to pay a $250 civil penalty for the violation. Section 23(b)(3) prohibits public employees from acting in a manner that would cause an objective observer to conclude that they would act with bias in the performance of their official duties. According to both Disposition Agreements, in April of 1990 Shay was in the process of moving into a new apartment. On April 4, Shay telephoned Foresteire to discuss School Committee matters. During the conversation, Shay mentioned that he was having trouble with the workers he had hired to paint his new apartment and feared the apartment would not be ready for the upcoming weekend move. The next day, the Agreements said, Foresteire approached an Everett School Department painter who was working in the school administration building and asked him to look at Mr. Shay’s apartment and give advice regarding what could be done to finish the job on time. Later that day, the painter and Foresteire travelled to and examined Shay’s apartment. The painter told Foresteire that a significant amount of work was needed prior to the scheduled weekend move. The painter agreed to assist in the apartment painting and requested a personal day, which Foresteire granted. Everett School Department employees are allocated two personal days a year. Over the next three days, the painter worked more than 22.5 hours and expended approximately $300 in labor and supplies, according to the Disposition Agreements. Shay encountered the painter working in his apartment on two or three occasions, and became aware through these encounters that the painter worked for the school department. Shay never offered to compensate the painter. |
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massdee
Moderator
5299 Posts |
Posted - 06/30/2008 : 2:04:36 PM
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| I was told he was in court recently trying to get the charges dropped and he was denied. If my information is correct, he will be back in court in September to face these charges. |
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massdee
Moderator
5299 Posts |
Posted - 07/01/2008 : 8:57:15 PM
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Everett school boss again faces ethics complaints
By Colneth Smiley Jr.
Wednesday, March 19, 2008 -
A beleaguered Everett school superintendent - who just got off probation for allegedly taking two school air conditioners home - is facing new charges he used his employees to perform improvements on his house.
Frederick Foresteire yesterday was accused of violating the commonwealth’s conflict-of-interest law when he allegedly had $234 worth of plywood intended for the school cut and delivered instead to his home by public school employees in October 2002, according to the State Ethics Commission.
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massdee
Moderator
5299 Posts |
Posted - 07/08/2008 : 10:05:04 AM
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What I find sad, by the school committee allowing FFF to continue as superintendent casts a dark shadow on our entire educational system here in Everett. We have some good people working in our schools.
On a different note, I hear Bob Shea is out on bail and has retired from the school department and took his pension in a lump sum. |
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Tails
Administrator
2682 Posts |
Posted - 07/08/2008 : 1:21:57 PM
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Who approved that?
His pension rights should have been postponed and when found guilty........DENIED.
Lets start sending CLEAR messages to these weirdos that it's not okay to hurt anyone, especially children! |
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justme
Advanced Member
1428 Posts |
Posted - 07/08/2008 : 1:53:25 PM
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quote:
Originally posted by Tails
Who approved that?
His pension rights should have been postponed and when found guilty........DENIED.
Lets start sending CLEAR messages to these weirdos that it's not okay to hurt anyone, especially children!
You may be right but Lona (Lorna?) didn't lose her pension either. It's all about what Freddie wants done and/or approved. |
Edited by - justme on 07/08/2008 1:53:46 PM |
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massdee
Moderator
5299 Posts |
Posted - 07/08/2008 : 2:01:17 PM
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| Isn't Ms Defeo still working for the school department? I can't believe someone who plead guilty to numerous felony offenses is still a city employee. |
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turk182
Member
88 Posts |
Posted - 07/09/2008 : 7:47:29 PM
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So Tails does that mean you will be running for School Committee? I'll run if you will.
"Your brain gets smart but your head gets dumb" |
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Citizen Kane
Advanced Member
1082 Posts |
Posted - 07/09/2008 : 8:40:27 PM
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| Wait . . . I'm still back on "Bob Shea is out on bail." When did that happen? Who paid his bail? |
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massdee
Moderator
5299 Posts |
Posted - 07/09/2008 : 8:45:30 PM
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Hi Citizen,
I don't know the particulars. I had been hearing it for about a month now so when I ran into an elected officials I asked him about it and he confirmed it.
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Gadzooks
Member
16 Posts |
Posted - 07/30/2008 : 10:20:15 PM
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| If Mr. Shea is convicted, he will still lose his pension. |
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massdee
Moderator
5299 Posts |
Posted - 07/30/2008 : 10:25:34 PM
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| What I heard from an elected official, Bob Shea has retired and took his pension money in one lump sum. Since he already has the money, I don't see how it can be taken away. Am I wrong about that? |
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tetris
Moderator
2040 Posts |
Posted - 07/30/2008 : 11:12:01 PM
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| I suppose the court could force him to repay it if he were convicted and no longer be entitled to it. I'd guess that it would probably have to be done as a separate action though. Let's remember, the standard is innocent until proven guilty, even if we don't like it sometimes. |
Edited by - tetris on 07/31/2008 07:31:25 AM |
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State Ethics Board
