Background
On March 14, 2008, Petitioner issued an Order to Show Cause ("OTSC") against Respondent Frederick Foresteire ("Foresteire"), the Superintendent of the public schools in the City of Everett ("City"). It subsequently filed an amended OTSC ("AOTSC") on March 21, 2008.
The AOTSC alleges that in 2002, Foresteire requested, through the City's school staff, the services of a school maintenance worker to perform plumbing work at his home, and the services of school employees to obtain, cut and deliver plywood to his home. The AOTSC further alleges that Lona DeFeo ("DeFeo") the School Department Maintenance Manager, directed various school employees to do such work, some of which involved the use of school equipment, and some of which Foresteire knew or should have known was done on School Department time, and that he did not make any payment or reimbursement to the School Department for costs relating to the plywood. Finally, the AOTSC alleges that Foresteire unilaterally determined the amount to be paid for the plumbing work done by a School Department employee, thereby securing for himself a substantial discount. The AOTSC alleges that by engaging in this conduct, Foresteire violated G.L. c. 268A, section 23(b)(2) and G.L. c. 268A, section 23(b)(3).