Hanson selectman agrees to pay $5,000 fine for state ethics violations

HANSON – A Hanson select board member agreed to pay a $5,000 fine to the State Ethics Commission for voting on a warrant article from which he would likely benefit and for representing his company following a complaint over a damaged water line.

The State Ethics Commission started investigating select board member Kenneth Mitchell, general manager of Newcomb's Tree Service, in February. The investigation concluded on Sept. 15 and found that he violated state ethics rules.

Mitchell and the ethics commission settled the violations Nov. 18, according to the disposition agreement. Paul Newcomb is the owner of the company and Mitchell's brother-in-law.

State Ethics Commission spokesman Gerry Tuoti said he could neither confirm nor deny whether the commission received a complaint about Mitchell, or how it started its investigation.

Between 2016 and 2019, Mitchell, in his capacity as a Hanson selectman, signed 23 town warrants to pay Newcomb's Tree Service for tree cutting and removal, according to the disposition agreement.

In 2019, the town's recreation commission offered a warrant article for the October town meeting to remove trees near the lodge and beach at Hanson's Camp Kiwanee, which Mitchell voted to put on the warrant. At the town meeting, Mitchell seconded a motion to approve a $25,000 expenditure for the tree removal, according to the disposition agreement.

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However, he "knew it was likely" that the town would hire his company to perform the tree removal, according to the disposition agreement.

State law makes it illegal for municipal employees to act on anything that deals with a company in which they have an interest. The state ethics commission describes it on its website as a prohibition on "self-dealing and nepotism." A violation carries a maximum prison sentence of five years or a jail sentence of two and a half years and a maximum fine of $10,000.

In 2016, the town had Mitchell's company remove dead trees from a main road, but workers had to cross private property to remove them. The property owner's son sent an email to the town's tree warden accusing Mitchell's company of damaging a water line.

Mitchell emailed the tree warden and asked him to refer the son to him, but not to mention his name and that it could be a conflict of interest.

A year later, the water superintendent asked the town administrator what Mitchell was going to do about the water line damage. The town administrator sent an email to Mitchell asking him to sign an agreement dealing with the water line repairs.

In response, Mitchell replied that he would give the water superintendent "the same courtesy" he gave Mitchell's company on another project.

Mitchell wrote in the email, according to the agreement: "They were testing for new wells and he needed tree work done. I called him several times even stop by the water department trying to get someone to meet me over there to show me the scope of work. 'Don't worry Kenny I'm not making any decisions right now, you'll get a chance to bid on the job' that was the last time I spoke to the man."

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This was a violation of what the State Ethics Commission calls on its website the "divided loyalties restriction" for municipal employees, which carries the same maximum sentences as the self-dealing rules.

By representing Newcomb's Tree Service in his discussion with town officials and the private property owner, Mitchell "acted as an agent for someone other than the town," according to the agreement.

"Representing and acting as Newcomb’s agent regarding the water line damage was not in the proper discharge of Mitchell’s official duties as a selectman," according to the agreement.

In a statement sent via email, Mitchell said he signed the agreement with the State Ethics Commission because "it would not be in the best interest of my family or the Town of Hanson to allow the proceedings to drag on."

Mitchell said in the statement he recognizes he needs to be "very careful" not to allow his position as selectman to conflict with his job as general manager of the tree removal company, or to allow the appearance of conflict.

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Reach reporter Wheeler Cowperthwaite at wcowperthwaite@patriotledger.com.

This article originally appeared on The Patriot Ledger: State Ethics Commission fines Hanson MA selectman for self dealing