6. As of December 2, 2000, Officer Briggs had been on the Blackstone police force for
less than a year. As an officer with less than one year of service, he could be dismissed by the
Board of Selectmen with or without cause.
7. Section 23(b)(2) of G.L. c. 268A prohibits municipal employees from using or
attempting to use their official position to secure for themselves or others unwarranted privileges
of substantial value not properly available to similarly situated individuals.
8. Atstupenas was and is a municipal employee, as that term is defined in G.L. c. 268A,
9. By, as chief, transmitting an e-mail to a subordinate officer requesting that he change
a speeding ticket to a written warning, Chief Atstupenas used his official position.
10. Changing a speeding ticket to a written warning for no other reason than that the
speeder was the brother of a fellow police officer is an unwarranted privilege, not properly
available to similarly situated individuals.
11. Because the speeding ticket was in excess of $50, it was an unwarranted privilege of
substantial value. In addition, the speeder will likely avoid insurance surcharges of
approximately $100 per year for six years as a result of the change.
12. Therefore, by requesting that his subordinate officer change the ticket that he had
issued to Steven Mowry to a written warning, Chief Atstupenas used his position to secure for
Steven Mowry an unwarranted privilege of substantial value, thereby violating §23(b)(2).
13. Section 23(b)(3) of G.L. c. 268A prohibits a municipal employee from, knowingly, or
with reason to know, acting in a manner which would cause a reasonable person, having
knowledge of the relevant circumstances, to conclude that any person can improperly influence
or unduly enjoy his favor in the performance of his official duties, or that he is likely to act or fail
to act as a result of kinship, rank, position or undue influence of any party or person.
14. By requesting that that his subordinate officer change the ticket that he had issued to
Steven Mowry to a written warning, Atstupenas knowingly or with reason to know, acted in a
manner which would cause a reasonable person, having knowledge of all the relevant
circumstances, to conclude that Steven Mowry, and other family members of police officers,
could unduly enjoy the Chief's favor in the performance of his official duties. In so acting,
Atstupenas violated G.L. c. 268A, §23(b)(3).
In view of the foregoing violations of G.L. c. 268A by Atstupenas, the Commission has
determined that the public interest would be served by the disposition of this matter without
further enforcement proceedings, on the basis of the following terms and conditions agreed to
that Atstupenas pay to the Commission the sum of $1,000 as a civil
penalty for violating G.L. c. 268A, §§23(b)(2) and 23(b)(3); and
that Atstupenas waive all rights to contest the findings of fact, conclusions
of law and terms and conditions contained in this Agreement in this or any
other related administrative or judicial proceedings to which the Commission
is or may be a party.