May 31, 2011

Allowance of Joint Motion And Order of Dismissal

On May 6, 2011, the parties filed a Joint Motion to Dismiss, requesting that the Commission dismiss these adjudicatory proceedings concerning Respondent's alleged violation of G.L. c. 268B by filing his Statement of Financial Interests for calendar year 2009 more than 31 days late. Presiding Officer David L. Veator referred the Joint Motion to the full Commission for deliberations on May 20, 2010, pursuant to 930 CMR 1.01(6)(a) and (c).

In support of the Joint Motion, the parties assert that Respondent has provided corroboration to the Commission of his assertion that there were circumstances that impaired his ability to timely file his SFI for calendar year 2009, namely that he was a primary caregiver to his uncle who was terminally ill, and that, based on these mitigating circumstances, the interests of justice, the parties and the Commission will be served by dismissal of these adjudicatory proceedings. Having reviewed the affidavits and other documents submitted by Respondent, we find that sufficient basis has been established to allow the Joint Motion.

WHEREFORE, the Commission hereby ALLOWS the Joint Motion.

Commission Adjudicatory Docket No. 11-0001, In the Matter of Robert Fortes, is DISMISSED.

DATE AUTHORIZED: May 20, 2011

DATE ISSUED: May 31, 2011

SIGNED:

___ //signed// ____________________
Charles B. Swartwood, III, Chairman

___ //signed// ____________________
David L. Veator

___ //signed// ____________________
Patrick J. King

___ //signed// ____________________
Paula Finley Mangum

___ //signed// ____________________
Martin F. Murphy

To: Robert Fortes Karen Beth Gray, Esq.
46 Mount Everett Street Deputy Chief, Enforcement Division
Boston, MA 02125 State Ethics Commission
One Ashburton Place, Room 619
BY FIRST CLASS MAIL BY HAND