The current District Attorney for Cape Cod and the Islands is Robert J. Galibois. He took office following the 2022 election and has been involved in various legal and community initiatives. Galibois has faced some controversy, including being fined $5,000 for violating the conflict of interest law .
A District Attorney (DA) can potentially remain in their position after violating a law, depending on several factors:
- Severity of the Violation: The nature and severity of the violation play a significant role. Minor infractions or first-time offenses might not result in removal, especially if they do not impede the DA’s ability to perform their duties.
- Legal Proceedings: The outcome of any legal proceedings related to the violation is crucial. If the DA is convicted of a crime, particularly one related to their professional conduct, it may lead to removal from office. However, fines or civil penalties might not automatically trigger such actions.
- Administrative and Ethical Reviews: Professional conduct boards or ethics commissions may review the case and recommend disciplinary actions, which could range from reprimands to suspension or removal from office.
- Public and Political Pressure: Public opinion and political pressure can influence whether a DA remains in office. Significant backlash from the community or political figures might prompt resignation or removal proceedings.
- Statutory Provisions: Local laws and regulations govern the removal of public officials. Some jurisdictions have specific procedures for recalling or removing elected officials through legal or electoral processes.
- Remedial Actions: The DA might take remedial actions, such as admitting fault, paying fines, and implementing corrective measures to address the violation. Demonstrating accountability and a commitment to rectifying the issue can mitigate the consequences.
In the case of Robert J. Galibois, the specifics of his violation, the nature of the penalty, and the response from the public and political entities would all contribute to whether he is allowed to remain in his position as District Attorney.
BOSTON, MA — Cape and Islands District Attorney Robert J. Galibois II has paid a $5,000 civil penalty for violating the conflict of interest law by using public resources to attempt to cast himself in a favorable public light after he was involved in a motor vehicle accident and to promote a campaign donor’s rental apartments to office staff. Galibois signed a Disposition Agreement in which he admitted the violations and waived his right to a hearing.
On February 23, 2023, Galibois was involved in an accident while making an illegal U-turn in his state vehicle. The Barnstable Police Department issued him a warning for making an improper turn, a marked lanes violation, and failure to file an accident report. In response to the news media attention drawn by the accident, Galibois directed his Second Assistant DA to draft a press release. The press release, issued on DA’s Office letterhead, was designed to turn the public narrative of the accident in Galibois’ favor.
Also in February 2023, shortly after Galibois was sworn into office, a donor to his campaign texted him that he wanted to offer some of his rental apartments to DA’s Office staff before publicly advertising them. Galibois then sent an office-wide email informing his staff of the available apartments and offering to provide the donor’s contact information to anyone interested. Galibois subsequently referred two of his Assistant DAs to the donor.
The conflict of interest law prohibits public employees from using or attempting to use their official positions to secure valuable unwarranted benefits for themselves or others. Galibois violated this prohibition by using his position as District Attorney and the resources of his public office to publicize a version of his motor vehicle accident favorable to himself for his own personal advantage. Galibois also violated this prohibition by using the resources of his public office to promote his campaign donor’s apartments to a targeted group of desirable prospective tenants, his DA’s Office staff.
“A core principle of the conflict of interest law is that public resources, such as public agency media releases, email, and staff worktime, must not be used to further private interests. District Attorney Galibois failed to uphold this principle when he used the resources of his office to further his own private interests and those of a donor to his election campaign,” said State Ethics Commission Executive Director David A. Wilson. “Public resources are to be used for the public’s benefit.”
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.
