Clinton, MA, Fire Chief Helped Son Earn Overtime, State Ethics Committee Alleges

A Bay State fire chief is accused of helping his son earn overtime pay and preventing an impartial investigation of his son’s conduct, according to the State Ethics Commission which says the chief violated the conflict of interest law.

The State Ethics Commission’s Enforcement Division alleges that Clinton Fire Chief Michael Lutes violated the state’s conflict of interest law in relation to his supervision of his two firefighter sons.

Lutes allegedly violated the state law through his handling of complaints about one of his sons, by assigning that son training and duties that increased his opportunities to earn OT pay, and by approving the department payroll that included both of his sons’ salaries.

Lutes has been with the Clinton Fire Department for 40 years.

Two years ago, the Clinton Fire Department Group 4 captain filed written complaints about one of Lutes’ sons, including an allegation of insubordination. But Lutes allegedly failed to refer the matter to the town administrator, his appointing authority.

Lutes also reportedly asked a fire chief from a neighboring town to investigate Group 4 interpersonal dynamics, rather than the captain’s complaints about his son. That prevented an impartial investigation of his son’s conduct, according to the Ethics Commission.

In addition, Lutes allegedly ignored the fire chief’s suggestion to reassign his son to another group — a move that would have resulted in his son’s loss of seniority.

“Lutes also arranged for the same son to be the only Clinton Fire Department staff member trained in fire alarm system maintenance and assigned him to alarm system maintenance duties, knowing this would provide him opportunities to earn overtime pay,” the Ethics Commission wrote.

The conflict of interest law generally prohibits municipal employees from participating in matters in which they or their immediate family are financially interested.

“The Order alleges Lutes violated this prohibition by deciding how the complaints about his son would be investigated, by selecting his son for fire alarm system maintenance training and work assignments, and by repeatedly approving the department payroll including both sons’ salaries,” the Ethics Commission added.

The law also prohibits public employees from using their official positions to obtain valuable, unwarranted privileges for themselves or others. Lutes allegedly violated this ban by preventing an impartial investigation of his son’s alleged insubordination.

“In addition, the Order alleges Lutes’ participation in reviewing the complaints about his son violated the law’s prohibition against public employees acting in a manner that would cause a reasonable person to believe that they would show undue favoritism to another person in their official actions,” the Ethics Commission added.

The Enforcement Division files an “Order to Show Cause” against a subject following the Ethics Commission’s finding of reasonable cause to believe the subject violated the conflict of interest law.

Before filing the Order to Show Cause, the Enforcement Division gives the subject the opportunity to resolve the matter through a disposition agreement. The Commission will schedule a public hearing on the allegations against Lutes within 90 days.

The Commission is authorized to impose a civil penalty of up to $10,000 for each violation of the conflict of interest law.

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