Captain, 2 officers are fined on ethics
State panel says funds for sheriff raised illegally
By Sean P. MurphyGlobe Staff / March 24, 2011
The State Ethics Commission has levied substantial fines against a Middlesex County sheriff’s office captain and two corrections officers for conducting illegal fund-raising on behalf of Sheriff James V. DiPaola, the commission announced yesterday.
The investigation into fund-raising activities on behalf of DiPaola was nearing a conclusion last fall when he committed suicide Nov. 26 in a seaside hotel in Wells, Maine.
Four days before his death, DiPaola, a Democrat, acknowledged in an interview with the Globe the Ethics Commission investigation, but said he would be exonerated. “When it comes out, I am confident, it will find no wrongdoing on my part,’’ he said. “Nothing happened under my direction.’’
The Ethics Commission press release mentions DiPaola, but does not fault him. It says Captain Eril Ligonde and Officers Richard McKinnon and Heidi Ricci admitted to violating the state conflict-of-interest law by using public resources to arrange a fund-raiser for DiPaola at the Tewksbury County Club on Nov. 19, 2009.
“Ligonde contacted DiPaola’s [Middlesex Sheriff’s Office] staff and campaign staff to schedule the date of the fund-raiser,’’ the press release says.
DiPaola, 57, a former Malden police officer and state legislator first elected sheriff in 1996, became the subject of intense scrutiny even before revelations of the investigation by the Ethics Commission.
On Nov. 19, a Globe reporter questioned DiPaola about his decision to file papers for retirement, a move unannounced to his staff or the public, just days before being easily reelected to a new term as sheriff.
The retirement maneuver meant that DiPaola would be allowed to collect both his $123,000 salary and $98,500 pension because of a quirk in the law that allows an already retired public employee to accept pay if he is elected to office again.
DiPaola at first defended his action, but on the following day, he said he had experienced a sleepless night and a crisis of conscience and vowed to make amends by resigning as sheriff.
The subsequent Globe story portrayed DiPaola as saying no to a lucrative pension windfall so he would be remembered for his 36 years of public service, rather than for a shabby case of double-dipping.
Later, Fox 25 broadcast a story in which an unnamed former employee said DiPaola pocketed campaign contributions and had employees use official vehicles to pick him up after he had been drinking.
A few days later, DiPaola committed suicide.
The allegations reported by Fox were referred to the state attorney general’s office. A spokesman said yesterday that an investigation into such allegations was ongoing.
The Ethics Commission said that Ligonde, McKinnon, and Ricci used computers to create spreadsheets listing sheriff’s office employees, the press release says. “At the fund-raising event, Ricci delivered to the campaign treasurer an envelope containing approximately $4,000 in campaign contributions solicited by Ligonde and McKinnon,’’ the press release says.
Ligonde was fined $10,000, McKinnon $3,000, and Ricci $2,000.
Ligonde did not return a phone message. McKinnon declined comment, but Ricci said, “I’’m glad this is resolved, and I am anxious to move on now.’’
Middlesex Sheriff Peter J. Koutoujian issued a statement yesterday saying that he would take “the appropriate and necessary steps’’ to discipline his three employees.
“I want to make it clear that this type of behavior will not be tolerated at the Middlesex sheriff’s office,’’ Koutoujian said. “I am deeply concerned with the findings issued by the State Ethics Commission.’’
Sean Murphy can be reached at smurphy@globe.com. 
