DA'S WAR CHEST IS ACTIVE \ CONTE HAS SPENT $80,000 AS UNOPPOSED
George Griffin; Staff Reporter, Worcester Telegram & Gazette (MA)
District Attorney John J. Conte has raised and spent more than $80,000 in campaign money since January 1984, yet has never had a political opponent for his office.Although state officials have questioned some of Conte's individual expenditures, there have been no formal complaints or allegations filed in regard to the fund-raising and spending.
In the last five years, Conte has spent campaign dollars for parties, dinners at area restaurants, liquor, gifts, flowers and donations, but nothing for political advertising.
Conte has used his campaign war chest to give annual donations to the college and law school where he studied and to keep up his memberships in the Knights of Columbus and Sons of Italy.
He has given thousands of dollars originally donated to his re-election committee to other politicans, including Senate President William Bulger and House Speaker George Keverian.
He has given thousands more to a few area Catholic churches, has contributed regularly to an East Boston boy's club, and paid his son, Thomas J. Conte, more than $7,000 for campaign services.
He has paid more than $5,500 in monthly phone bills, and spent $3,372.87 on ADT security alarms.
He has paid, out of his campaign money, $13,483.96 in income tax payments to the Internal Revenue Service and $2,137.50 in income tax payments to the Massachusetts Department of Revenue for bank interest his campaign money has earned.
Conte's campaign war chest, even after an $80,000 outlay since 1984, still contained almost $44,000 at the beginning of this year. Much of that money was donated by people who work for him, or who are area lawyers, according to public records. None of these contributions exceed limits set by law, according to public records.
Conte has repeatedly refused to answer requests for an interview to discuss these issues.
The campaign records are maintained by the state. They also contain Conte's responses to questions state officials have raised about some of his expenditures, including a $129 coffee maker from Jordan Marsh that he gave as a wedding gift, engraved pens he gave to employees who had resigned from his office, a round-trip plane ticket to Palm Springs, Calif., for one of his employees, and a Dec. 21, 1987 check for $572.67 to a Worcester liquor store.
Bradley S. Balzer, public finance officer and chief spokesman for the Office of Campaign and Political Finance, said campaign laws do not prohibit an unopposed candidate from soliciting contributions or spending money out of a campaign account.
POLITICAL PURPOSES
But money contributed to a candidate, he said, is supposed to be spent for campaign or political purposes, and not for personal expenses.
Balzer said state laws prohibit him from commenting on individual records. As a rule, he said, campaign money generally can be spent for a wide range of expenses, but cannot be spent for personal expenses that do not relate to a political purpose.
He said, as an example, a candidate could use campaign money to pay someone's dinner tab at a restaurant only if that dinner was for "political purposes."
"If the meal is not for political purposes, then the campaign committee can't pay for it," he said. "Clearly, the campaign funds cannot pay for personal uses. Taking out your family or your best friends and picking up the tab is not allowed."
"FOOD AND BEVERAGE'
Campaign finance records show Conte was reimbursed $3,817.55 for "food and beverage" for meals at area restaurants since 1984.
In 1987, the Office of Campaign Finance questioned a $265.87 reimbursement payment to Conte for "food and beverage."
Conte, in a letter to the state office, explained that the payment was for meals between May 16 and June 13, 1987, at the following area restaurants: May 16, The Regency, Shrewsbury, $22.68; May 22, Worcester Hotel, $45.90; May 24, "Dennis of Worcester," $25.14; May 25, "Dennis of Worcester," $29.94; June 5, Arturo's of West Boylston, $54.50; June 9, Ho Toy Luau Restaurant, Worcester, $67.36; June 13, "Dennis of Worcester," $20.35.
In addition, Conte's campaign chest paid $1,739.97 to Leo's Ristorante, Shrewsbury Street, for food and beverage from February 1987 to January 1989.
MEAL BILLS
The meals bills at Leo's Ristorante ranged from a low of $45.30 to a high of $375. There were four individual meals tabs in excess of $100, and two individual tabs in excess of $200.
State law and rules of the Office of Campaign and Political Finance also set clear limits about giving gifts and making charitable contributions from campaign funds.
Gifts, according to the campaign finance laws, may be made to campaign workers, provided that "the gift accurately reflects the contribution made by those workers to the efforts of the political campaign of the committee; and the gift is made in a timely fashion as to clearly indicate its purpose is to express gratitude for work done on behalf of the campaign."
The law states unequivocally that "no gifts may be made to campaign workers for any other purpose or for any other occasion."
GIFTS FOR INDIVIDUALS
Campaign finance records show that Conte spent $1,328.85 at Sharfman's Jewelers; $681.95 at Jordan Marsh, $336.92 at Prime Value Mart on gifts for various individuals.
The Office of Campaign and Political Finance has raised official questions about Conte's gift giving in letters to him from 1986 to 1989.
Conte, in reply, wrote to the Office of Campaign and Political Finance giving a variety of reasons for the gifts. None of Conte's replies, however, indicated that the gifts were for campaign workers.
In an April 5, 1989 letter to Betty McDonald, of the state campaign finance office, he said the gift of a coffee maker from Jordan Marsh was "a wedding gift to friends and political supporters."
DEPARTING EMPLOYEES
Conte, in a March 7, 1989 letter, told Ms. McDonald that a check for $55.55 "was for the purchase of two pens given as gifts to two employees leaving our office."
A Jan. 17, 1989 letter explained a $211 check was for the following gifts: three women's manicure sets at $19.94 each; three men's manicure sets at $16.97 each; two umbrellas at $15.99 each; two umbrellas at $9.99 each; two wallets for $30.60; 12 bows at 39 cents each; wrapping paper worth $2.98; and tax of $10.05.
Conte, in another letter, explained that a Dec. 21, 1987 check for $572.67 to a Worcester liquor store was for "beverages" that were "given to political supporters and used at a party of political supporters which I held."
That same letter explained that a Dec. 18, 1987 check for $375 to Brian McMahon, an employee in Conte's office, was a "reimbursement for food, gifts, pastry and candy which were purchased at Hebert Candy, Quality Fish, Jordan Marsh, Crown Bakery, Iandoli's Market, Scano's Bakery and the Broadway Restaurant" in Worcester.
FOOTBALL TICKETS
Conte said a July 1, 1986 purchase of $172 worth of Holy Cross College football tickets was for "public relations purposes."
Campaign finance laws also limit expenditures for travel to campaign issues, Balzer said.
Conte, in a July 24, 1987 letter to Balzer, explained a $560 bill from the Gracia Travel Agency was for a "round trip plane ticket for Assistant District Attorney Paul Losapio who accompanied the District Attorney to a National District Attorney's Conference in Palm Springs, Calif., from March 29 - April 3, 1987."
Campaign finance laws appear to make no provision for such an expenditure.
Balzer said campaign finance laws allow reasonable travel expenses for "candidates and agents of a political committee."
NEVER BEEN MEMBER
Joseph Cohen of 28 Dick Drive, former chairman of the Worcester Airport Commission and long-time treasurer for the Committee to Elect John J. Conte, said Losapio has never been a member of Conte's campaign committee.
Losapio has not returned phone calls from the Telegram & Gazette.
Conte's campaign expense records show yearly income tax payments to the U.S. Internal Revenue Service and the state Department of Revenue.
Cohen said the income tax payments were made to pay taxes on bank interest earned on campaign money certificates of deposit.
Balzer said campaign money can be used to pay income tax on interest earned by campaign fund accounts, but cannot be used to pay individual income taxes.
The laws regulating the use of political money make no distinction between candidates who have political opponents and those who don't.
"There has been legislation submitted from time to time that would prohibit someone from raising money if there is no opponent," Balzer said. "That is a reform idea. But that legislation has gone nowhere for obvious reasons.
Conte says he'll seek re-election
Shaun Sutner,TELEGRAM & GAZETTE STAFF
BOSTON- Worcester District Attorney John J. Conte said he plans to seek
re-election in 2006.
Mr. Conte, a 73-year-old Democrat, has been in office for 27 years.
He was re-elected in November to his sixth term with his biggest victory
margin since his first campaign in 1976, defeating former Assistant
District Attorney Gregory J. White, a Republican, by 27,143 votes.
The veteran district attorney said his experience, which includes 14
years as a state senator, will help his office survive the state's
fiscal crisis.
The office has lost 13 positions and had its budget cut by $743,000
during the last two years.
"I'm running. These are tough times and they call for an awful lot of
experience,' said Mr. Conte, who was at the Statehouse yesterday to
support legislation to make it easier for police to serve search and
arrest warrants.
"Age is not a factor. My energy level is very, very high,' he said. "My
feeling is that my experience and know-how is more valuable than ever.
That's why I'm going to go forward.'
Mr. Conte, who spent $250,000 in his run against Mr. White, is already
taking steps to replenish his campaign account with a fund-raiser next
month at the Holiday Inn in Worcester.
He said he is not concerned about potential competition, whether from
within his own party or outside it.
Central Massachusetts figures said to be interested in the job include:
state Sen. Robert A. Antonioni, D-Leominster; state Rep. Harold M.
Naughton Jr., D-Clinton; state Rep. James B. Leary, D-Worcester; state
Rep. Karyn E. Polito, R-Shrewsbury; and Worcester lawyer Joseph Early
Jr.
"If you're going to worry about it, it does no good,' Mr. Conte said,
referring to speculation about who else wants to run. "You make your
commitment and that's it.'
Mr. Conte said he is not ready for retirement, even though he would be
80 at the end of another term.
"I don't play golf,' he said.
Fax: 617-723-4086 Enforcement Division
US first class mail
May 6, 2004
Dear Sir,
Please be advised I wish to make a complaint with the Board of Ethics in reference to campaign fund donations distributed to the Roman Catholic Church, Diocese of Worcester by Middle District Attorney John J. Conte.
It is our belief that under Massachusetts general law charter 268A section 23 (3) no elected official should act in a manner which would cause a reasonable person, having knowledge of the relevant circumstances, to conclude that any person can improperly influence or unduly enjoy his favor in the performance of his official duties, or that he is likely to act or fail to act as a result of kinship, rank, position or undue influence of any party or person.
District Attorney Conte is the only district attorney in Massachusetts to donate campaign funds directly to the Catholic Church.
Donations from the campaign funds are disproportionately distributed towards the Catholic Church and or it organizations. We can find no instance of where he donated campaign funds to any other religious group or denomination. The Middle District has sizeable numbers not only of Catholics but of Protestants, Jews, Muslims and Buddhist.
District Attorney Conte has been giving campaign money to the Catholic Church but as of this date he has filed to convene a grand jury to investigate the church.
District Attorney Conte, in his clergy abuse report of 2004 identified the Worcester Dioceses as a "mere witness" to child sexual abuse, in direct contradiction to documented evidence.
Mr. Conte made a deal with Bishop Daniel P. Reilly as to the release of pastoral records. No other deal can be found with an organization under investigation for criminal sexual abuse of children. Mr. Conte obtained those records under a grand jury subpoena, although no grand jury was ever convened, so that the personnel records then remained secret and away from public scrutiny.
Worcester District attorney Conte failed to investigate the criminal activities in the scandal involving the House of Affirmation where is estimated perhaps that $5 million dollars was inappropriately funneled to Father Tomas Kane
, a priest of the Diocese of Worcester. Management of the House of Affirmation noted some years ago when they attempted to rectify the situation that "double books" were being kept at the House of Affirmation of Whitinsville, which was located in Mr. Conte’s district.Mr. Conte failed to recognize that sexual abuse was being covered up by a defense attorney representing the Diocese of Worcester as stated in July 1999 by Judge Thayer Fremont-Smith in Worcester Superior Court. The judge said in some instances the church kept information from the alleged victims and that a lawyer for the diocese tried to prevent witnesses from answering questions. He called the action "a serious and culpable noncompliant" with laws of evidence.
The district attorney as of this date has failed to bring under oath Auxiliary Bishop George E. Rueger and Monsignor Edmond Tinsley, board members of the House of Affirmation, and constant figures in the operational structure of the Worcester Diocese.
Pleases feel free to contact me if any additional information is required.