More Details Emerge on DPW's Cantoreggi

Since the news broke regarding the investigation into Franklin's DPW Director, Robert Cantoreggi, multiple sources have suggested that the suspension will soon end and he will return to his duties. We have logged an inquiry with the Town Administrator, Jamie Hellen, for the official word but have not yet had a response.

And, thanks to another former elected official, we learned of a more complete posting by the State Ethics Commission regarding their investigation into Cantoreggi has been put up on the state web site. The text of the document is reproduced below:

Disposition Agreement in the Matter of Robert Cantoreggi

Disposition Agreement

The State Ethics Commission (“Commission”) and Robert “Brutus” Cantoreggi (“Cantoreggi”) enter into this Disposition Agreement pursuant to Section 3 of the Commission’s Enforcement Procedures. This Agreement constitutes a consented-to final order enforceable in the Superior Court, pursuant to G.L. c. 268B, § 4(j).

On April 18, 2023, the Commission initiated a preliminary inquiry, pursuant to G.L. c. 268B, § 4(a), into possible violations of the conflict of interest law, G.L. c. 268A, by Cantoreggi. On December 21, 2023, the Commission concluded its inquiry and found reasonable cause to believe that Cantoreggi violated G.L. c. 268A, § 23(b)(2)(i).

The Commission and Cantoreggi now agree to the following findings of fact and conclusions of law:

Findings of Fact

1. Cantoreggi is the Director of the Department of Public Works for the Town of Franklin (“Franklin DPW”).
2. Cantoreggi has regularly completed the Commission’s online conflict of interest law training.
3. Among other services, the Franklin DPW provides drinking water and sewer services to residences and businesses in Franklin and is a department of the Town of Franklin.
4. The Franklin DPW uses one brand of water meter throughout its service area, made by an Alabama-based manufacturer (“the manufacturer”) and sourced from the manufacturer’s sole authorized New England distributor (“the distributor”). (The manufacturer and the distributor are collectively referred to herein as “the vendors.”) As Director, Cantoreggi has oversight responsibility for the DPW’s water meter budget and approves the annual budget for the DPW’s water meters as submitted by the Water Superintendent.
5. The average service life of a water meter is about 20 years.
6. The Franklin DPW’s budget to replace aging water meters varies from year to year.
7. In 2019, Cantoreggi, accompanied by a friend, took part in a ski trip to Stowe, Vermont, hosted by the vendors. The vendors paid for lodging, meals, and snowmobile rentals for Cantoreggi and his friend. Lodging cost at least $200 per person for the trip. The dinner on the second night of the trip cost at least $40 per person, not including alcohol, tax, and gratuity.
8. In 2022, Cantoreggi, accompanied by a friend, took part in a ski trip to Jay Peak, Vermont, hosted by the vendors. The vendors paid for lodging, meals, and water park tickets for Cantoreggi and his friend. Lodging cost at least $425 per person for the trip.
9. Cantoreggi understood when he accepted the vendors’ invitation to each ski trip that the vendors would pay for lodging, meals, and entertainment for himself and his friend. Neither Cantoreggi nor his friend are skiers.
10. Both of these ski trips were three-day, Wednesday through Friday, trips. Employees of several municipal water districts and departments of public works, the vendors, and the vendors’ private clients took part in each ski trip, joined by a limited number of spouses and other guests.
11. Cantoreggi knew, or had reason to know, that the vendors gave him each of the gifts described in paragraphs 7 through 10 above for or because of his position as Director of the Franklin DPW.

Conclusions of Law

Section 23(b)(2)(i)

1. Section 23(b)(2)(i) of G.L. c. 268A prohibits a municipal employee from, knowingly, or with reason to know, soliciting or receiving anything of substantial value[1] for such officer or employee, which is not otherwise authorized by statute or regulation, for or because of the officer or employee’s official position.
2. The Franklin DPW is a municipal agency as defined by G.L. c. 268A, § 1(f). As Director of the DPW, Cantoreggi is an employee of a municipal agency within the meaning of § 23(b)(2)(i) and a municipal employee as defined by G.L. c. 268A, § 1(g).
3. Each of the gifts Cantoreggi received, as described in paragraphs 7 through 10 above, was of substantial value.
4. Cantoreggi’s receipt of the gifts was not authorized by statute or regulation.
5. When Cantoreggi received each gift, he knew, or had reason to know, that the vendors gave him the gift for or because of his official position as Franklin DPW Director.
6. Therefore, by receiving each above-described gift, Cantoreggi knowingly, or with reason to know, received something of substantial value for himself, which was not otherwise authorized by statute or regulation, for or because of his official position. In so doing, Cantoreggi repeatedly violated § 23(b)(2)(i).

Disposition

In view of the foregoing violations of G.L. c. 268A by Cantoreggi, the Commission has determined that the public interest would be served by the disposition of this matter without further enforcement proceedings, on the following terms and conditions agreed to by Cantoreggi:

(1) that Cantoreggi pay to the Commonwealth of Massachusetts, with such payment to be delivered to the Commission, the sum of $15,000 as a civil penalty for repeatedly violating G.L. c. 268A, § 23(b)(2)(i); and

(2) that Cantoreggi waive all rights to contest, in this or any other administrative or judicial proceeding to which the Commission is or may be a party, the findings of fact, conclusions of law and terms and conditions contained in this Agreement.

By signing below, Cantoreggi acknowledges that he has personally read this Disposition Agreement, that it is a public document, and that he agrees to its terms and conditions.

STATE ETHICS COMMISSION

[1] Substantial value is $50 or more. 930 CMR 5.05.