SalemNews.com, Salem, MA

November 24, 2009

Berry sees no conflict in part-time job as consultant

By Chris Cassidy

PEABODY — State Sen. Fred Berry made $42,000 last year as a consultant for a Quincy-based nonprofit that receives millions of dollars in state funding.

Berry, the Senate majority leader and an influential legislator, is a paid advocate for Work Inc., which helps people with disabilities find jobs. But the organization has also received about $20 million in state funding over the last two years, raising questions of whether Berry's part-time job poses a conflict of interest.

Berry's $42,000 pay from Work Inc. last year was on top of his salary of $91,219 in the state Senate, where he also chairs the Senate Committee on Ethics and Rules.

But he adamantly denies that his dual roles of legislator and consultant are a conflict of interest.

Berry said the job has been "thoroughly vetted" by the state Ethics Commission and that he does not advocate on behalf of Work Inc. within the state Legislature.

His work mainly involves trying to secure contracts with federal agencies to employ the disabled. Berry said Work Inc. has been able to obtain jobs to clean federal buildings in Boston and, recently, to set up the JFK Library for services honoring the late Sen. Ted Kennedy.

"I work in securing those kinds of contracts," Berry said.

Though Work Inc. receives millions from the state, Berry's position is not specifically funded by state money, he said.

When he was first hired by the organization in 1998, Berry sought advice from the state Ethics Commission under the conflict-of-interest law.

In the response from the commission, the agency stated that Berry should not vote on budget line items or any special legislation in which Work Inc. has a financial interest. He was also cautioned that private business should be conducted outside state time and without the use of state resources.

Nothing in the letter, however, stated that Berry should not take the job. Berry and other lawmakers are required by law to publicly disclose outside income.

Berry's involvement came to light after a Fox 25 news report last week in which at least one lawmaker, state Rep. George Peterson of Grafton, charged that Berry's second job had the appearance of a conflict of interest.

In a statement, Work Inc. CEO Jim Cassetta said Berry was hired "because of his vast knowledge and experience in working with disabled individuals."

Before being elected to the state Senate, Berry, who was born with cerebral palsy, worked at Hogan Regional Center and then at Heritage Industries, both organizations that assist people with mental and physical disabilities.

Berry said he's proud of his role at Work Inc., noting that while the state unemployment rate is 9 percent, the rate for people with disabilities is close to 75 percent.

"My interest in this issue is obvious," Berry said. "I (believe) ... that all citizens have the right to be productive members of society regardless of physical or mental impairment."

Staff writer Chris Cassidy can be reached at ccassidy@salem news.com.