The Massachusetts Office of the Inspector General has criticized the Wareham Fire District Water Department for inadequate action taken regarding two incidents that occurred in 2009.  The incidents, detailed in a May 27 report, involved allegations "of improper conduct on the part of two Wareham Fire District Water Department employees."

In the first incident, the Inspector General's investigation found that a Water Department employee allowed a private citizen to take several loads of reclaimed asphalt that the district owned and was going to dispose of, from the District property over a weekend in June 2009.  It also states that the matter was brought before the Water Department Commissioners and Superintendent, and that the employee received a written reprimand for his conduct.

In the second incident, the Inspector General found that a Water Department foreman improperly asked for and received free fill for personal use from a project manager for P. Gioioso and Sons, a firm working on a sewer project in the Parkwood section of town. The water district foreman received two free truckloads of fill.  The report estimated the value of this fill at $416, based on calculations that a private seller would charge $8 a yard for the 26 yards of fill.

This was the second incident concerning the foreman.  In 2005, the foreman was fired for transferring fill from St. Patrick's Cemetery to the Water District building and causing $100,000 of damage that needed to be fixed.  He hired a lawyer to protest the firing, and was subsequently reinstated and awarded back pay with interest.

For the latest incident, he received a written reprimand, which he reviewed and signed.

In concluding its report, the Inspector General stated:  "Each investigation uncovered evidence of misconduct on the part of public employees that involved actions intended to serve themselves or their friends rather than the public that they are hired to represent. This kind of conduct is unacceptable and should not be tolerated."

The Inspector General criticized the Superintendent and Water Commissioners' failure to report "the matter to any State, County, or local law enforcement authority which may have had jurisdiction over the matter."

Water Department Superintendent Michael Martin acknowledged that the events as described in the report occurred, and are detailed accurately.  However, he emphasized that he felt the punishments applied to each case were appropriate.

"They were disciplined in accordance with a progressive discipline taking into account all the facts: the seriousness of the infraction; the work history with the district; their willingness to cooperate," Martin said.  "Both employees are long-term, twenty-year employees.  Everybody's entitled to make a mistake.  In my opinion, these guys erred, but not to the degree that warrants criminal charges."

Mark Gioioso, of P. Gioioso and Sons, said that the firm, and many others, regularly give away fill that they would otherwise have to haul away and dispose of from projects.

"Excess fill is ours to dispose of," said Gioioso. "We give it away to people to dispose of all the time, give it to private people, to the shopping mall, etc. It's done everyday on many construction projects. We've got to truck it away somewhere and if you can find a place locally, that saves us money."

Regardless, "As far as we're concerned, the cost is not an issue," Martin said.  "It is inappropriate for a public employee to ask anyone for a gift, gratuity, or payment, or anything of that nature, it's a violation of State ethics laws."

Martin noted that the report has been forwarded to the Plymouth County District Attorney and the State Ethics Commission, and that he has met with the Wareham Police Department, in accordance with the recommendations of the Inspector General's office.  He said the Water Department has not received a response from the District Attorney or the Ethics Commission.  Martin also said that he had a discussion with the Wareham Police Department about the possibility of prosecution, and "based on that conversation, the district decided not to file charges."

Wareham Police Chief Richard Stanley said his department is waiting for Martin to inform them, in writing, of how the district wants to handle the matter.  He said that the district attorney's office informed the Department on June 8 that criminal charges could be sought against the district employee. It also said that the matter may be better handled by the State ethics commission.

He said that he last he heard from Martin was that he was going to discuss the matter with the Water Commissioners and then report back. He has not heard back, and said that until he hears from Martin, he will not make a determination on how to proceed.

Town Administrator Mark Andrews said that he had no comment to make about the report, noting that the Wareham Fire District is a separate political entity.

A copy of the report is available to the public at: http://www.mass.gov/ig/publ/wareham_wd_ltr.pdf