- David A. Wilson, Executive Director
BOSTON, MA — Medford police officer Harold MacGilvray has paid a $1,500 civil penalty after admitting to violating the conflict of interest law by engaging in political activity while on duty and in uniform 10 days before the 2016 presidential election. The State Ethics Commission on October 23 issued a Final Order allowing a joint motion to dismiss the adjudicatory proceeding against MacGilvray after he paid the civil penalty and signed a disposition agreement in which he admitted the violation and waived his right to contest the Commission’s findings.
While working as a Medford Police Department (MPD) patrol officer at a community event on October 29, 2016, MacGilvray and another uniformed MPD officer posed for a photograph, acting as if they were restraining a person who was wearing a Hillary Clinton mask, shackles, and a prison jumpsuit. MacGilvray, who also serves as president of the Medford Police Patrolmen’s Association (MPPA), posted the photograph to the MPPA Facebook page with the caption “Look who the MPD grabbed at the Fall Festival in Haines Square Today….” Later that day, while still in uniform and on duty at another community event, MacGilvray and two other MPD officers posed for a photograph with a person dressed in a Donald Trump mask and business suit. MacGilvray authored the caption “Making America GREAT again in West Medford Square!!” and asked another MPD officer to post the photograph and caption to the MPPA Facebook page.
Soon after the photographs were posted, they were widely circulated on social media and gained attention from local and national news outlets. In response to the controversy, MacGilvray removed the photographs from the MPPA Facebook page the same day. He later received a letter of reprimand from the MPD for violating the department’s policy on political activity. He was also required to post a letter of apology, which appeared on the MPPA website for three days.
Section 23(b)(2)(ii) of the conflict of interest law prohibits public employees from using or attempting to use their official positions to secure for themselves or others unwarranted privileges of substantial value that are not properly available to similarly situated individuals. MacGilvray violated this section of the conflict of interest law when he used public resources – a MPD police uniform and worktime – to engage in private political activity. Posting or otherwise causing the publication of photographs and captions that demonstrate support for one candidate over another, even if done as an attempt to amuse others, is private political activity. Wearing an official police uniform when engaging in private political activity creates the impression of official and public support.
The State Ethics Commission is charged with enforcing the conflict of interest law, G.L. c. 268A. When the Commission’s five members vote to find reasonable cause to believe a public employee has violated the law, it can also authorize an adjudicatory proceeding against the employee. The Commission’s Enforcement Division initiated the adjudicatory proceeding against MacGilvray in February 2018. Once an adjudicatory proceeding has been initiated, the public employee then has an option of entering into a public disposition agreement rather than exercising his or her right to a hearing.
The Commission encourages public employees to contact the Commission’s Legal Division at 617-371-9500 for free advice if they have any questions regarding how the conflict of interest law may apply to them.
