Medford Officer Broke Conflict Of Interest Law: Ethics Officials

MEDFORD, MA – The Enforcement Division of the State Ethics Commission last week filed an Order to Show Cause alleging Medford Police Officer Harold MacGilvray violated the state conflict of interest law when he "used public resources to support and oppose candidates for elected office," the agency said in a press release.

MacGilvray, who serves as president of the Medford Police Patrolmen's Association, worked two community events on Oct. 29, 2016 during which he posed for a photograph with a person dressed as Hillary Clinton in prison attire and another with a person wearing a Donald Trump mask and business suit.

Ethics officials allege the captions on the photos – posted to the police association's Facebook page – were politically slanted.

"The conflict of interest law prohibits public employees from using their public positions to secure unwarranted benefits for themselves or others," the Ethics Commission wrote. "The Order states that MacGilvray misused his official position as a police officer when he used public resources, his police uniform and work time, to post photographs and captions showing support for one presidential candidate over another."

The photos were later removed from the Patrolmen's Association's Facebook page and MacGilvray issued an apology, saying that he used "poor judgement" and did not intend to make a political statement.

"These were Halloween costumes. It was meant totally as a joke," MacGilvray wrote at the time in an email to the Boston Globe. "I apologize if this offended anyone in any way. I never expected this sort of reaction. It was poor judgment on my part."

In a statement to the Medford Transcript on behalf of the Medford Police Patrolmen's Association and the Massachusetts Police Coalition, MacGilvray's attorney said that both organizations "vigorously disagree" with the allegations and believe that the Ethics Commission has "grossly and unnecessarily overreacted."

The statement also defended MacGilvray for not taking the photos himself and removing them from the Facebook page, according to the Transcript.

The Ethics Commission's order states, "the support of uniformed police officers for a political candidate can carry significant weight with voters, and can possibly intimidate supporters of an opposing candidate, especially when coupled with disapproval of the other candidate. The use of the photographs on social media also provided valuable political advertising," according to a press release.

According to the Enforcement Division's procedures, an Order to Show Cause is filed after the commission has found "reasonable cause" to believe a subject has violated the conflict of interest law. Before filing the Order, the Enforcement Division gives the subject or his attorney the opportunity to resolve the matter through a "public education letter or disposition agreement."

The Ethics Commission will schedule the matter for a hearing within 90 days.

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