Townsend Water Superintendent David Vigeant Fined $10,000 for Conflict of Interest Law Violations
Summary
The Massachusetts State Ethics Commission issued a Decision and Order finding Townsend Water Department Superintendent David Vigeant twice violated conflict of interest law by providing water main project plans to local business owner Gary Shepherd before the project was put out to bid. Shepherd subsequently won the $4.7 million contract as the low bidder. Vigeant was ordered to pay $10,000 in civil penalties ($5,000 per violation) and has 30 days to file an appeal in Superior Court.
“"Substantial value" is defined by regulation as $50 or more.”
Municipal officials and employees handling public procurement should treat this as a reminder that sharing project plans, specifications, or other pre-bid information with a single prospective contractor—even informally or without apparent personal benefit—constitutes an unwarranted privilege under conflict of interest law. The $50 regulatory threshold for 'substantial value' is low; even an advantage worth $50 can trigger penalties of $5,000 per violation.
What changed
The Commission found that Vigeant forwarded near-final project plan drawings to Shepherd and Shepherd's son within minutes of receiving them from the engineering firm, and later to a company employee, without sending them to any other prospective bidder. The Decision and Order rejects Vigeant's argument that he sent the plans to Shepherd in his capacity as Fire Chief, noting the plans were sent to Shepherd's private business email addresses rather than his town address. The Commission determined a $5,000 penalty per violation was appropriate given no evidence Vigeant personally benefited.
Municipal officials and employees responsible for procurement and public works projects must ensure all prospective bidders receive equal access to project information, specifications, and plans. This enforcement action demonstrates that providing advance information to a favored bidder—even without evidence of personal financial benefit—constitutes an unwarranted privilege in violation of conflict of interest law. Public employees with questions about how the conflict of interest law applies to them may contact the Commission's Legal Division at 617-371-9500 for free advice.
Penalties
$10,000 in civil penalties ($5,000 per violation)
Archived snapshot
Apr 20, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
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- State Ethics Commission
Press Release
State Ethics Commission Finds Townsend Water Department Superintendent David Vigeant Violated Conflict of Interest Law
Vigeant ordered to pay $10,000 in civil penalties for violating conflict of interest law by providing project plans to local business owner before project went out to bid
For immediate release: 4/08/2026
- David A. Wilson, Executive Director
Boston — The State Ethics Commission has issued a Decision and Order finding that Townsend Water Department Superintendent David Vigeant twice violated the conflict of interest law by providing the plans for a town water main project to a local business owner, Gary Shepherd, and to an employee of one of his companies before the project went out to bid. Shepherd’s business was subsequently the low bidder and was awarded the $4.7 million contract for the project. The Decision and Order orders Vigeant to pay a total of $10,000 in civil penalties.
The Decision and Order allows the Commission’s Enforcement Division’s Motion for Summary Decision and finds that the material facts in the case are undisputed and establish that Vigeant, by providing the water main project plans to Shepherd and to an employee of one of his companies, and not to any other prospective bidder before putting the project out to bid, twice violated the conflict of interest law’s prohibition against municipal employees using their official positions to obtain for themselves or others unwarranted privileges of substantial value. “Substantial value” is defined by regulation as $50 or more.
“In sum, [Vigeant] gave Shepherd preferential treatment, which amounted to an unwarranted privilege …” the Decision and Order states. “The logical conclusion to be drawn from the evidence … is that having the plan drawings for a multi-million-dollar project weeks in advance of any other prospective bidder was an advantage worth at least $50.”
After deciding in 2021 to construct a new water treatment plant and water main extension, the Townsend Water Department hired an engineering firm to create plan drawings and specifications to enable the Water Department to put the project out to bid. On January 27, 2023, within minutes of receiving near-final draft plans from the engineering firm, Vigeant forwarded the plans to the private business email accounts of Shepherd, owner and operator of Townsend businesses Overall Directional Drilling and Shepco, Inc., and Shepherd’s son, a Shepco project manager. On February 2, 2023, Vigeant also forwarded the plans to an employee of Overall Directional Drilling. Vigeant did not forward the plan drawings to any other prospective bidder.
In late February 2023, Vigeant placed an ad in the Groton Herald announcing the water main project was available for bid and the project was also announced in the Commonwealth’s Central Register. Shepherd submitted a $4,756,421.71 bid on behalf of Shepco, which was received by the Water Department on March 30, 2023, and was approximately $600,000 lower than the next lowest bid. On May 3, 2023, the Water Department awarded the contract to Shepco for $4,756,421.71.
At the time, Shepherd was also the Townsend Fire Chief. The Decision and Order rejects Vigeant’s argument that he sent the project plans to Shepherd because, as Fire Chief, he “had an interest in fire prevention and suppression.” The Decision and Order notes that Vigeant did not send the plans to Shepherd as Fire Chief or to his town email address but instead “sent them to email addresses associated with Shepherd’s businesses.”
According to the Decision and Order, the Commission decided that a civil penalty of $5,000 for each of Vigeant’s violations, totaling $10,000, was appropriate because there was no evidence in the summary decision record that Vigeant “personally benefitted, whether financially or otherwise, from sending the plan drawings to Shepco and Overall.”
The Commission’s Enforcement Division filed an Order to Show Cause against Vigeant on June 18, 2025, initiating the adjudicatory proceeding. On September 19, the Enforcement Division filed an Amended Order to Show Cause and, on September 29, a Motion for Summary Decision. The Commission heard the parties’ arguments on the motion on February 26, 2026. Today’s issuance of the Decision and Order allows the Motion for Summary Decision and concludes the Commission’s adjudicatory proceeding against Vigeant. Vigeant has 30 days within which to file an appeal in the Superior Court.
The Commission encourages public employees to contact the Commission’s Legal Division at 617-371-9500 for free advice if they have any questions regarding how the conflict of interest law may apply to them.
Media Contact
Gerry Tuoti, Deputy Chief, Public Education and Communications Division
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Phone
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State Ethics Commission
The State Ethics Commission is an independent state agency that administers and enforces the provisions of the conflict of interest law and financial disclosure law.
Media Contact
Gerry Tuoti, Deputy Chief, Public Education and Communications Division
Phone
Online
Related
Decision
Final Decision and Order on Petitioner's Motion for Summary Decision in the Matter of David Vigeant
4/08/2026
Press Release
State Ethics Commission’s Enforcement Division Alleges Townsend Water Department Superintendent David Vigeant Violated Conflict of Interest Law
6/18/2025 State Ethics Commission Commission found reasonable cause to believe Vigeant provided project plans to Townsend Fire Chief and business operator before project was put out to bid
2026 State Ethics Commission Press Releases
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