Ex-Pike chief Amorello defends himself in conflict case

August 5, 2008 04:56 PM Email| Comments (0)| Text size – +

By Sean Murphy, Globe Staff

Matthew J. Amorello, the former Massachusetts Turnpike Authority chairman accused of ethics violations, today delivered an impassioned defense of his actions in the days prior to his resignation from the transportation agency.

Matthew J. Amorello

"I did nothing in my time leaving to enhance my position at all," Amorello said at a State Ethics Commission hearing.

Amorello faces a conflict of interest charge for allegedly shaping a policy on buyback of unused sick time for MassPike employees that also benefited him. Amorello said he had nothing to do with the policy change and, in fact, told his subordinates to reconsider it.

The issue came to a head on July 26, 2006. Amorello was under intense pressure from former Governor Mitt Romney to resign his position in the wake of the July 10, 2006 fatal ceiling collapse in the MassPike connector tunnel. On that day, Amorello learned that the SJC would allow Romney to proceed with a hearing against Amorello.

Amorello said he met with the human resources director and told him, "I'm stepping down. What does that mean?" It was only then, he said, that the human resources director informed him that the policy had been changed on unused sick time, giving Amorello -- and other MassPike employees -- 100 percent cash value for that time.

"I was outraged at the 100 percent policy and asked him to re-look at it," Amorello said. Questioned by his attorney, Thomas Kiley, Amorello said he used some colorful language: "I can't use the words I said in that setting. I was outraged that he put that into effect. I said that it was unacceptable."

At one point in his testimony, when asked to recollect events surrounding the tunnel collapse, Amorello became emotional, his eyes welling up and reddening. Asked by one of the attorneys if he was OK, he gathered himself and said, "I'm fine. It's a bad time -- for that family," apparently referring to the family of Milena Del Valle, the 38-year-old Jamaica Plain mother of two who was killed in the ceiling collapse.

The three-hour hearing before a single commissioner recessed without any ruling. Lawyers in the case said the hearing may resume Thursday with testimony from two other witnesses. The matter will then go for consideration before the full Ethics Commission.

The commission alleged in a five-page order to show cause issued in November 2007 that Amorello used his position to secure "an unwarranted privilege ... of substantial value." Under the policy, Amorello is entitled to about $75,000 for more than 600 hours of unused sick leave, the Ethics Commission said.

The commission could impose fines of up to $2,000 for each of three violations and force him to forfeit the $75,000.

The full five-person panel must begin deliberations within 30 days after a hearing concludes. There is no time limit for the deliberations, but the commission must publish its findings 30 days after reaching a decision.

Seven other employees, including three senior staff members, also took advantage of the generous policy. The policy was rescinded by John Cogliano, who was former governor Mitt Romney's choice to succeed Amorello as head of the transportation agency.

The Ethics Commission began its review after the Globe reported in August 2006 that the Turnpike Authority's sick leave policy was changed twice in July 2006. The Ethics Commission charges that Amorello first asked the authority's human resources director earlier in the year to look at improving the benefits.

As a result, in early July, the policy that had been in place for a decade was dramatically enhanced, the commission reported. Before the change, retiring workers were entitled to cash in 20 percent of their unused sick days. The new policy allowed all exiting employees to collect 100 percent of their sick leave, in cash, whether they retired, resigned, or were fired.

On July 26, Amorello directed his staff to scale back the benefits, the Ethics Commission alleges. The policy was revised so that employees could cash in only half of their unused sick leave, instead of 100 percent. Employees with 10 or more years of government service, including Amorello, who was previously a state legislator, could use the other half to pay their share of their health insurance when they retired.

Under the terms of his severance agreement, Amorello agreed to step down Aug. 15, 2006, but continued to receive his full salary of $226,348 a year, plus benefits for six months. He also received $53,977 in unused vacation when he left.

The Ethics Commission offered to settle the case without a public hearing, but the sides could not reach agreement during talks over the last several months.