IDI iD PRIVILEGED UNDER THE ATTORNEY-CLIENT PRIVILEGE AND THE ATTORNEY WORK PRODUCT DOCTRINE Memorandum To: Marshfield Board of Selectmen. From: Laredo & Smith, LLP Date: February 25, 2015 Re: Ethics investigation gonceming the Marshfield Fire ‘Department L INTRODUCTION On November 24, 2014, the Board of Selectmen (the “Board”) for the Town of ‘Marshfield (the “Town") voted unanimously to retain Laredo & Smith, LLP as the Town's special counsel (“Special Counsel") to conduct an investigation of the Marshfield Fire Department and report on any potential violations of Massachusetts ethics laws, see G.L. 268A, § 1 ot seq. The investigation revealed potential ethics violations by Kevin Robinson, the Chief of the Fire Department, and his brother Shaun Robinson, a Captain in the Department relating to (1) the employment of Captain Robinson’s daughter, Shauna Robinson and (2) various overtime grievances, Focusing on these two catcgories, the investigation consisted of witness interviews and the review and analysis of documents provided by the Towa, including memoranda, comespondence, emails, grievances, ethics disclosures, personnel records, minutes of mectings of the Board, and other documents concerning the conduct of Chief Robinson and Captain Robinson. With the assistance of a private investigator, Special Counsel interviewed (either inperson oF on the telephone) numerous individuals, including Department personnel and other Town employees.’ Based upon our investigation, and applying the preponderance of the evidence standard used by the Massachusetts State Ethics Commission (the “Commission”), we believe that the evidence supports a finding that Chief Robinson and Captain Robinson each committed violations of the Massachusetts conflict of interest law. We recommend thet the Town refer this matter to the Commission.” i FACTS A. Chief Robinson’s appointment and first conflict disclosure ‘The Board appointed Kevin Robinson as Chief of the Marshfield Fire Department (the “Department”) in February of 2003, At the time of his appointment, Chief Robinson's brother, Shaun Robinson, was a Lieutenant in the Department and Chief Robinson's son, Craig Robinson, ‘was secking an appointment as a call firefighter. Today, Shaun Robinson is a Captain and Craig Robinson is a Lieutenant in the Department, In connection with his appointment in 2004, Chief Robinson made a disclosure of financial interest to the Board pursuant to G.L. ©. 268A, § 19(b)(1) conceming his financial relationship with his brother and son. ‘The Board approved Chief Robinson’s disclosure, subject to the imposition of several conditions, including the following: * Chief Robinson effectively refused to be interviewed in connection with this investigation. Chief Robinson appeared for his scheduled interview ou January 21, 2015. Notwithstanding a November 25, 2014 memorandum fiom the Board advising him that Laredo é& Smith had been retained as Special Counsel, Chief Robinson first ‘claimed the he did not know who had hired Laredo & Smith and did not know what Laredo & Smith was investigating. As the interview was set to begin, Chief Robinson placed a digital tape recorder on tho table. When Special Counsel asked him what it was, Chief Robinson identified it as a tape recorder and stated that he intended to ‘record the interview. When Special Counsel did not authorize him to record the interview, Chief Robinson refused to be interviewed and left. ? Of course, we cannot predict what actions, if any, the Commission may choose to take in connection with this matter 21. Fire Chief Robinson is the appointing authority, but will recuse himself from any involvement in appointment or promotional issues involving his son or brother, Lt Shaun Robinson, 2. The Chief will not make any discretional assignments that will result in additional pay for his brother or son. Overtime assignments will be done through the process described in the collective bargaining agreement, which calls for a rotation of eligible employees. 3. The Chief will notify the Town Administrator regarding any diseiplinary actions or situations that may result in disciplinary action for his brother or his son. The ‘Town Administrator will review the situation, notify the appointing authority and make recommendations as to the appropriate action. B, Chief Robinson's nicee joins the Department, prompting new conflict disclosures In October 2013, Shauna Robinson, the daughter of Captain Shaun Robinson and the niece of Chief Kevin Robinson, was selected for a permanent firefighter position in the Department, As « new hire, she was required to serve one year with probationary status before she could become a permanent member of the Department. On October 21, 2013, the Board met to discuss new conflict disclosures for Chiof Robinson, Captain Robinson, and Lieutenant Robinson. The Board asked each of these Robinsons (Kevin, Shaun, and Craig) o attend the meeting. Kevin, Shaun, and Craig each submitted conflict of interest disclosure forms, but only Chief Robinson appeared at the meeting. Craig Robinson submitted a disclosure of financial interest form pursuant to G.L, ¢, 268A, § 19. Shaun Robinson submitted a disclosure of appearance of conflict of interest form pursuant to GL. c. 268A, § 23(b)(3). Chief Robinson submitted two conflict forms, one pursuant to § 19 (disclosure of a financial interest), the other pursuant to § 23(b)(3) (disclosure of appearance of conflict of interest). With the assistance of the Town's labor counsel, the Board approved the Robinsons’ several disclosures, subject to the imposition of conditions, including the following: