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Abington Mariner - Marshfield,
23 December 2005

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Ruling leads to resignation

During Monday's selectmen's meeting, Deputy Police Chief John Llewellyn detailed the events that led to his brief two-day resignation a little more than a month ago. It was a resignation few knew took place, including members of the board of selectmen.

He told the board that during the spring, an investigation was launched into a possible ethics violation that stemmed from his being promoted from sergeant to deputy chief while serving on the board of selectmen as its chairman. In a disposition agreement released this week, the State Ethics Commission ruled that as a selectman at the time of the promotion, Llewellyn violated Section 20 of the Conflict of Interest Law.

"It may seem a little fishy," said Llewellyn, as he stood before the board with the cable television camera rolling for viewers watching at home. "But it was all up front."

On Friday, Nov. 18, Llewellyn tendered his resignation as deputy chief as part of an agreement he signed with the State Ethics Commission on Nov. 17. The following Monday, he was given his job back as deputy chief by Police Chief Kevin Donovan, after it was offered to Lt. Barry Ashton, who turned it down.

In addition to the short two-day resignation, Llewellyn's punishment for violating the law included a $2,000 fine.

Section 20 prohibits a municipal employee, such as a member of the board of selectmen, from being eligible for appointment or reappointment to a new position while serving on the board or for six months after they resign from the board.

"It was worth it to him to thumb his nose at the rules," said Selectman Mary Parsons. "It doesn't send a good message."

Town Administrator Brad Plante declined comment on the matter, saying that while he was aware of the complaint, he had not yet been informed of the decision by the commission. Police Chief Donovan did not return calls before press time Wednesday.

Llewellyn called the violation a "technical violation of a complicated statue," and said it refers to taking on an additional post, which he did not consider his promotion to be. He was offered the position of deputy chief last December, and the promotion went into effect in January. Soon after taking assuming the position of deputy chief, Llewellyn announced his resignation from the board of selectmen, saying his duties would preclude him from attending the meetings.

"I still think the statute is vaguely worded and needs to be cleaned up," said Llewellyn. "There is case law of others in the same position, but I decided that rather than fight it, I would just resign and pay the fine."

Llewellyn has served as a Rockland police officer since 1988, and was promoted to patrol sergeant in 1997. In 1999, he was elected to the board of selectmen. Section 20 prohibits a municipal official from having a financial interest in a contract made by a municipal agency of the same city or town. An exemption allowed Llewellyn to remain on the board and retain his position as sergeant, so long as he did not participate in any votes while on the board that involved the police department.

"I'm not sure what is going to happen," said Selectmen Chairman Louis Valanzola on Monday, prior to the meeting. "If they go back and reappoint him tomorrow, it wouldn't be a penalty."

According to the agreement, Llewellyn contacted the commission in September 2004 to see whether his being a selectman made him ineligible for promotion to deputy chief. While the selectmen's exemption allowed him to remain on the board, it also prohibited him from being appointed to a new position, and he was told he was ineligible for the promotion. When he learned of the costs involved for holding a special election to fill a selectman vacancy, Llewellyn decided to stay on the board until April 2005, when the next election was scheduled to occur.

"The conflict of interest law bars selectmen from being appointed to paid positions that they did not hold before they became selectmen," said Executive Director Peter Sturges in a press release issued by the ethics commission. "The law does not allow selectmen or any other municipal employee to pick and choose which parts of the law they will follow."

In the agreement, Llewellyn was required to pay the fine and resign within 30 days of the time it is executed by Sturges. It also prevented him from contesting the findings of fact, conclusions of law and terms and conditions in the agreement. He was eligible for reappointment to the position of deputy chief six months from the date he left the board.

"That pretty much closes the matter," said Llewellyn. "I apologized to the police department and the town of Rockland for any embarrassment."

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Article sourced from

Abington Mariner - Marshfield,23 December 2005

Ruling leads to resignation

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Abington Mariner - Marshfield,
23 December 2005