Former Holyoke City Councilor David Bartley is facing charges he was in violation of the state's conflict of interest law between 2023 and 2025, according to the Massachusetts State Ethics Commission.
The Commission’s Enforcement Division issued an "Order to Show Cause" on March 18, alleging that while serving as a city councilor, Bartley represented private parties in real estate matters involving the city, and that he also failed to comply with the law’s mandatory training and education requirements.
By filing the Order, the Enforcement Division initiated an adjudicatory proceeding against Bartley.
When reached today by phone, Bartley had no comment and ended the call abruptly. He has the option to appeal the charges.
The conflict of interest law prohibits municipal employees from acting as agent or attorney for anyone other than the municipality, or doing paid work for anyone other than the municipality, in connection with matters in which the municipality is a party or has a direct and substantial interest.
While Bartley was a Holyoke city councilor, "he violated this prohibition by acting as attorney for private clients in real estate matters that involved the city of Holyoke," said Gerry Tuoti, spokesperson for the Ethics Commission. "The order also alleges that Mr. Bartley failed to comply with the mandatory conflict of interest law training and education requirements for state, county and municipal employees in the Commonwealth."
The allegations include an incident in 2023, while the Housing Court was considering the city’s petition to enforce the State Sanitary Code at a Holyoke property, Bartley, as attorney for the late owner’s heirs, communicated with the city’s attorney regarding a continuance of the petition and was paid by the heirs upon the sale of the property.
Another violation cited by the commission includes a transaction in 2024, after the city referred a Holyoke property to the Attorney General’s Office regarding State Sanitary Code violations. The state alleges Bartley responded to a January 2024 demand letter from the Attorney General’s Office on behalf of the property owner.
The Order to Show Cause also says that in 2024 Bartley represented a client who had purchased a property from the city in 2019 which included a reverter clause allowing the city to take the property back if it was not developed within five years.
As attorney for the property owner, Bartley communicated with a prospective buyer’s counsel in connection with a request for a waiver of the reverter clause.
The state also alleges that between September 2024 and February 2025, Bartley represented a deceased Holyoke property owner’s heirs, and as their attorney communicated with city employees concerning the condition of the property and State Sanitary Code violations.
Commission spokesperson Gerry Tuoti said the law generally prohibits municipal employees from representing anyone other than the city — when the city has an interest.
The state allegations come after a complaint filed last year by Holyoke Mayor Joshua Garcia. In a statement Garcia said this type of conduct is "simply not acceptable in government."
The commission will schedule a public hearing on the alleged violations within 90 days. The commission is authorized to impose a penalty of up to $10,000 per violation of the conflict of interest law.