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Massachusetts DA pays ethics fine after car crash response, promoting campaign donor’s rental apartments to staff

The DA violated the state’s conflict of interest law

Cape and Islands DA Robert Galibois (File photo)
Cape and Islands DA Robert Galibois (File photo)
Rick Sobey
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A Bay State district attorney who reportedly sped away from an accident scene and boosted a campaign donor’s rental apartments has paid a fine to the State Ethics Commission.

Cape and Islands District Attorney Robert Galibois paid a $5,000 civil penalty for violating the state’s conflict of interest law, the State Ethics Commission announced on Wednesday.

Galibois last year was cited by one of his county’s police departments for “failure to report a motor vehicle crash” after the other driver reported the DA sped away from the accident scene. The DA was also cited for marked lanes violation and improper turn.

Following that crash, Galibois directed his staff to issue a statement that would promote a public narrative favorable to himself.

“In response to the news media attention drawn by the accident, Galibois directed his Second Assistant DA to draft a press release,” the State Ethics Commission wrote. “The press release, issued on DA’s Office letterhead, was designed to turn the public narrative of the accident in Galibois’ favor.”

The car crash happened in Hyannis last Feb. 23, at around 11:15 a.m., near the intersection of Barnstable Road and Baxter Road in a busy commercial area. It wasn’t until six days later on March 1 that Barnstable Police received a call about the incident.

The other driver’s mother reported to police that Galibois had been involved in a hit-and-run with her son, that the DA was not responding to her, and that he later denied hitting anyone. The driver’s mother was urging police to investigate the incident.

Then two days later on March 3, the other driver was interviewed at the police station, telling investigators that he felt a bump from Galibois’ vehicle before hitting the curb. Also, he reported that Galibois sped away from the crash.

He then caught up to Galibois while blaring his horn and waiving his arm for Galibois to pull over. When they were both outside their vehicles, Galibois said to him, “Oh, did I hit you?” according to the other driver quoted in a police report.

“DA Galibois cooperated fully,” the press release from his office stated last year. “Photographs subsequently taken and viewed by law enforcement of DA Galibois’ car, showed no identifiable damage to the vehicle. DA Galibois deeply appreciates the Barnstable Police Department’s efforts and accepts responsibility for civil motor vehicle infractions.”

Galibois also paid the $5,000 fine for promoting a campaign donor’s rental apartments to office staff. Shortly after Galibois was sworn into office, a donor to his campaign texted him that he wanted to offer some of his rental apartments to DA’s Office staff before publicly advertising them.

Galibois then sent an email informing his staff of the available apartments and offering to provide the donor’s contact information to anyone interested.

“Knowing that some members in my office were, like so many throughout the Cape and Islands, having difficulty searching for housing, I circulated this opportunity to my staff by way of an office email,” Galibois said in an email on Wednesday.

“The Ethics Commission found that I should not have used my office email as my action gave my staff advantage in the housing market,” the DA added. “As is noted in the disposition agreement, I did not expect to receive nor did I receive any financial or other benefit as a result of the email I sent to my staff.”

Galibois ended up referring two of his Assistant DAs to the donor for the rental apartments last year.

“A core principle of the conflict of interest law is that public resources, such as public agency media releases, email, and staff worktime, must not be used to further private interests,” said State Ethics Commission Executive Director David Wilson.

“District Attorney Galibois failed to uphold this principle when he used the resources of his office to further his own private interests and those of a donor to his election campaign,” Wilson added. “Public resources are to be used for the public’s benefit.”