Michael Byrne, who previously served as the Director of Arlington’s Inspectional Services Department (ISD), has been handed a stiff penalty by the State Ethics Commission. The Commission approved a Disposition Agreement, following which the Arlington ISD Director admitted to multiple violations of the state’s conflict of interest law.
During his tenure, spanning 1997-2021, Byrne also managed his plumbing enterprise, Trademark Plumbing. As the ISD Director, he was in charge of enforcing state building and plumbing regulations. However, between 2016 and 2020, Byrne permitted Trademark Plumbing to operate without the necessary permits at 37 different sites. Moreover, eight locations saw work done without any inspections.
The Depths of the Arlington ISD Director’s Violations
Additionally, Byrne performed inspections on his company’s work at six sites, despite the glaring conflict of interest. He issued occupancy certificates for two properties where Trademark Plumbing had carried out tasks. Disturbingly, he also fabricated eight plumbing permits for projects that were initially done without them.
In a particularly troubling instance in 2017, Byrne issued an occupancy certificate for a building in his capacity as the Arlington ISD Director. The building’s owner had granted him private loans that amounted to $25,000 over the years 2016 to 2018.
Legal Implications for the Arlington ISD Director
By letting Trademark Plumbing work without the required permits or inspections and forging permits, Byrne clearly contravened the conflict of interest laws. These laws strictly prohibit public servants like the Arlington ISD Director from leveraging their official roles to garner unwarranted benefits.
Furthermore, these laws restrict public employees from taking an active role in situations where they, or their business ventures, possess a financial stake. Byrne flouted this rule by inspecting work done by his company and providing occupancy certificates for properties that his company had serviced.
Another significant violation arose when he issued an occupancy certificate for a property, the owner of which had given him substantial private loans. Such lead the public to believe that a public servant can be easily swayed in their official duties.
Commission’s Stand and Public Advisory
The Commission, having established the violations and having Byrne admit to them, decided on an $80,000 civil penalty. Consequently, they have dismissed further proceedings against him.
In light of such events, the Commission emphasizes the importance of public employees seeking guidance. If they are unsure about potential conflict of interest situations they can contact the state for guidance. The Commission’s Legal Division remains available at 617-371-9500 to offer free counsel on how these laws may pertain to them.
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