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Mary Anne Magiera; TELEGRAM & GAZETTE STAFF
August 19, 2003 Tuesday
The state Ethics Commission has fined the chairman of the Board of Selectmen for threatening to use his position to retaliate against police if speeding tickets issued to his son were not dismissed.
Louis J. Cornacchioli yesterday released a written agreement he has signed with the commission regarding the matter, a violation of the state Conflict of Interest Law.
Mr. Cornacchioli paid a $2,000 fine, stipulated to the findings of fact and conclusions of law, and has agreed not to contest the matter, according to the disposition agreement filed in Suffolk Superior Court.
The commission said that Mr. Cornacchioli, ''in effect, was threatening to use his selectman's position to retaliate against the police department if the (traffic) citations were not dismissed."
The ethics commission activity stems from a telephone conversation Mr. Cornacchioli had with Police Chief Joseph R. Baril on Jan. 7. The selectman called Chief Baril after a judge had rescheduled an appeal hearing for four speeding and other traffic-related citations issued by Wayne A. Walker, a part-time Rutland police officer on Sept. 9 and Sept. 28 to Michael L. Cornacchioli.
"In January, I became very angry, lost my temper, and then did probably one of the stupidest things I've every done in my life," Mr. Cornacchioli said yesterday. "I made a phone call, and in that phone call I said things that I'm ashamed of."
Mr. Cornacchioli also apologized yesterday to his family and the people of Rutland for "my stupid stupidity." In the 10 months left in his term as selectman, he said, "I'm going to redouble my efforts to work on behalf of the people of Rutland."
Michael J. Akerson, Mr. Cornacchioli's lawyer, said that at no time during the telephone conversation with Chief Baril "did Lou ask the chief of police for anything, or did he ask the chief to do anything on his behalf pertaining to the speeding ticket."
Chief Baril agreed yesterday that Mr. Cornacchioli's conflict of interest violation was by inference.
"I felt what he did was inappropriate, that's the reason I brought it to the attention of the Ethics Commission," Chief Baril said.
In a related matter, selectmen dismissed Mr. Walker from the department on Feb. 10 after a hearing in executive session, according to Chief Baril. Mr. Cornacchioli said he did not participate in the session.
Chief Baril said yesterday that Officer Walker was charged with insubordination after he refused to attend the rescheduled hearing on the speeding charges against the younger Mr. Cornacchioli because of a conflict with his full-time job. Ultimately, the charges against Michael Cornacchioli were dismissed on Jan. 9, although a police sergeant attended the rescheduled hearing and apologized for Officer Walker's absence, according to Chief Baril.
Mr. Walker, a 19-year veteran of the police department, did not return telephone calls made Friday and yesterday seeking comment on the matter. However, reached earlier this summer, Mr. Walker said he did not want to comment on the matter on advice of his lawyer and a representative of his union.
According to the Ethics Commission, in the conversation with Chief Baril, which was taped on a recorded line, Mr. Cornacchioli blamed the police for calling in to report the officer's absence at the Jan. 7 hearing. If the police did not notify the court and the officer was absent at the hearing, the charges would have likely been dismissed, Mr. Cornacchioli noted.
Mr. Cornacchioli further made it clear "that he would allow his personal dissatisfaction with the police department to factor into his decision making as an elected official," according to the commission.
"In effect, Cornacchioli made it clear that he wanted the police to ensure that the officer did not show up at the Jan. 9 hearing and/or for the police to take action that would result in his son's case being dismissed," according to the disposition agreement.
The commission also said that Mr. Cornacchioli took other action, including contacting the officer's father-in-law and requesting that he ask the officer not to show up for the hearing.
Copyright 2003 Worcester Telegram & Gazette, Inc.