Consequently, Mazzarella repeatedly violated § DATE: November 14, 2012 23(b)(3). Resolution 1 Edward Cavaioli (now deceased) was Mario In view of the foregoing violations of G.L. c. 268A Cavaioli’s brother. by Mazzarella, the Commission has determined that the public interest would be served by the disposition 2 G.L. c. 268A was amended by c. 28 of the Acts of of this matter without further enforcement 2009, effective September 29, 2009. The language of proceedings, on the basis of the following terms and § 23(b)(2) now appears in § 23(b)(2)(ii) of G.L. c. conditions agreed to by Mazzarella: 268A, as amended, and states: current officer or “No employee of a county or municipal agency shall (1) that Mazzarella pay to the Commonwealth knowingly, or with reason to know, use or attempt to of Massachusetts, with such payment to be use such official position to secure for such officer, delivered to the Commission, the sum of employee or others unwarranted privileges or $4,0004 as a penalty for violating G.L. exemptions which are of substantial value and which c. 268A, §§ 23(b)(2) and (b)(3); and are not properly available to similarly situated individuals.” (2) that Mazzarella all rights to contest, in this or any other administrative or judicial 3 For the time period in question, the Commission proceeding to which the Commission is or relies on 4 Mass. App. Commonwealth v. Famigletti, may be a party, the findings of fact, Ct. 584, 587 (1976), to determine that anything conclusions of law and terms and conditions valued at $50 or more is "of substantial value." contained in this Agreement. 4 At the time of Mazzarella’s violations of § 23, the maximum civil penalty was $2,000 per violation.
Consequently, Mazzarella repeatedly violated § 23(b)(3). Resolution In view of the foregoing violations of G.L. c. 268A by Mazzarella, 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 Mazzarella: (1) that Mazzarella pay to the Commonwealth of Massachusetts, with such payment to be delivered to the Commission, the sum of $4,0004 as a penalty for violating G.L. c. 268A, §§ 23(b)(2) and (b)(3); and (2) that Mazzarella all rights to contest, in this or any other administrative or judicial proceeding to which the Commission is or may be a party, the findings of fact, conclusions of law and terms and conditions contained in this Agreement. DATE: November 14, 2012 1 Edward Cavaioli (now deceased) was Mario Cavaioli’s brother. 2 G.L. c. 268A was amended by c. 28 of the Acts of 2009, effective September 29, 2009. The language of § 23(b)(2) now appears in § 23(b)(2)(ii) of G.L. c. 268A, as amended, and states: “No current officer or employee of a county or municipal agency shall knowingly, or with reason to know, use or attempt to use such official position to secure for such officer, employee or others unwarranted privileges or exemptions which are of substantial value and which are not properly available to similarly situated individuals.” 3 For the time period in question, the Commission relies on Commonwealth v. Famigletti, 4 Mass. App. Ct. 584, 587 (1976), to determine that anything valued at $50 or more is "of substantial value." 4 At the time of Mazzarella’s violations of § 23, the maximum civil penalty was $2,000 per violation.
2012-rulings-final.docx