The State Ethics
Commission’s Enforcement Division
Alleges Former Mass Highway Contractor
Project Manager Terry Edwards Gave
Bribes/Gratuities to a Construction
Inspector
The
Massachusetts State Ethics Commission’s
Enforcement Division, in an Order to Show
Cause issued on April 8, 2008, alleges
that a former project manager for a
Massachusetts Highway Department (“Mass
Highway”) contractor repeatedly
violated sections 2 and 3 of G.L. c.
268A, the state’s conflict of
interest law, by corruptly giving cash
payments to a Mass Highway construction
inspector responsible for performing
inspections of the contractor’s
work. A public hearing will be
scheduled within 90 days.
According to the Order to Show Cause,
Thomas Kennedy was assigned to inspect
the work of contractor P.A. Landers,
Inc., on Route 44 near Plymouth in 2002.
Kennedy’s duties included
inspecting P.A. Landers’ deliveries
of asphalt used on the project and
certifying asphalt weight slips submitted
by the company for payment. While
assigned to the project, Kennedy received
reimbursement for his gasoline expenses
from Mass Highway and was not authorized
to receive payments from contractors
under his supervision. Despite
this, Kennedy asked Edwards for a gas
credit card. Edwards refused, but
told Kennedy to instead submit his gas
receipts for payment.
Thereafter, Kennedy provided Edwards with
gas receipts, and Edwards gave Kennedy
cash payments on a bi-weekly basis.
Edwards’ payments to Kennedy began
in May 2002 and continued until November
2002. During this time, Edwards
corruptly gave Kennedy a total of between
$2,000 and $3,000 in cash payments, with
the intent to influence Kennedy’s
performance of duties as a Mass Highway
construction inspector. In return
for the cash payments, Kennedy relaxed
his inspections of P.A. Landers’
asphalt deliveries on the Route 44
project. In particular, Kennedy
signed weight slips without properly
inspecting the asphalt delivered to the
project site.
Section 2(a) of the conflict of interest
law prohibits anyone from corruptly
giving anything of value to a public
employee with intent to influence any
official act or act within his official
responsibility. The Enforcement
Division alleges that Edwards repeatedly
violated section 2(a) by corruptly giving
cash payments in return for Kennedy
relaxing his performance of duties as a
Mass Highway construction inspector,
including asphalt inspections and
certifications.
Section 3(a) prohibits anyone from
corruptly giving anything of substantial
value to a public employee for or because
of any official act or act within his
official responsibility. The
Enforcement Division alleges that Edwards
violated section 3(a) by giving cash
payments worth $50 or more to influence
Kennedy’s performance of duties as a
Mass Highway construction inspector,
including asphalt inspections and
certifications.
The Commission has the authority to
impose civil penalties of up to $2,000
per violation.
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