The state ethics commission has scheduled a public hearing after a show cause order alleged Aquinnah selectman Gary Haley violated conflict of interest laws by overbilling for electrical work in the town and choosing himself to do the work.

The adjudicatory hearing for Mr. Haley has been scheduled for Thursday, Oct. 7 at 10 a.m., with a second date set for Oct. 8 at the same time if needed, according to state ethics commission spokesman Gerri Tuoti.

Mr. Tuoti said the scheduling order comes after a pre-conference hearing held in late June resulted in little chance of a settlement between Mr. Haley and the commission.

“The hearing officer asked the parties whether there was a possibility of a settlement,” Mr. Tuoti said in a phone interview with the Gazette. “My recollection is that Mr. Haley indicated that he would not be willing to admit to violating the conflict of interest law.”

Mr. Haley did not immediately respond to a request for comment from the Gazette.

According to ethics commission regulations, a subject is required to admit to the alleged violations in order for the commission to enter into a settlement or disposition agreement.

In a press release issued in May https://vineyardgazette.com/news/2021/05/19/aquinnah-selectman-cited-sta..., the ethics commission said Mr. Haley, a master electrician by trade, had overbilled the town by approximately $4,000 for electrical work at the Aquinnah Circle, and violated conflict of interest law by choosing himself as a project manager and approving town expense warrants.

A quasi-judicial body that has the power to levy stiff fines, the state ethics commission administers and enforces the provisions of the conflict of interest and financial disclosure law. The enforcement arm of the agency is responsible for initiating adjudicatory proceedings by a majority vote of its five-member commission.

In the case of Mr. Haley, the hearing officer is commissioner Eron Hackshaw and the enforcement attorney, who essentially acts as the prosecutor, according to Mr. Tuoti, is Candies Pruitt.

Mr. Tuoti said Mr. Haley was not represented by legal counsel at the pre-conference hearing held in late June.

The ethics commission has also issued a revised scheduling order in Mr. Haley’s case, with a July 13 date for discovery requests and responses required by July 27. Motions for summary decision are required by August 26.

Mr. Tuoti said the hearing will closely mirror a legal proceeding or trial, with each side providing opening statements, followed by witnesses and the introduction of evidence. Closing statements will be made before the full commission, generally on the day after the public hearing.

After the hearing, the five-member commission will enter into executive session to deliberate on the allegations, and issue a decision and order.

Although the commission does not have criminal jurisdiction, it is authorized to impose fines up to $10,000 in cases of conflict of interest law violations. Allegations can be forwarded to the state attorney general’s office for criminal charges.