December 20, 2010
Decision and Order
On November 18, 2010, the parties filed a Joint Motion to Suspend Proceedings, Accept Proposed Disposition Agreement and Dismiss Proceedings (Joint Motion) along with a proposed Disposition Agreement, requesting that the Commission approve a Disposition Agreement in settlement of this matter and dismiss these adjudicatory proceedings. The Presiding Officer, Paula Finley Mangum, referred the Joint Motion, with the Disposition Agreement, to the full Commission for deliberations on December 17, 2010.
In the Disposition Agreement, Respondent, Daniel Dean, admits that he violated G.L. c. 268A, § 20 and § 23(b)(3) and agrees to pay a civil penalty of $5,000. Respondent further agrees to waive all rights to contest the findings of fact, conclusions of law and terms and conditions contained in the Disposition Agreement in this and any other administrative or judicial proceedings to which the Commission is or may be a party. Respondent has tendered the payment of the $5,000 civil penalty.
In support of the Joint Motion, the parties assert that the interests of justice, the parties and the Commission will be served by the Disposition Agreement. The parties further assert that the Disposition Agreement will fairly and equitably resolve this matter and obviate the need for a hearing in this case, thus saving the resources and time of all participants.
WHEREFORE, the Commission hereby ALLOWS the Joint Motion. The Disposition Agreement is approved. Respondent's tendered payment of the $5,000 civil penalty and forfeiture is accepted. Commission Adjudicatory Docket No. 10-0017, In the Matter of Daniel Dean, is dismissed.
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Charles B. Swartwood III, Chairman David L. Veator
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Patrick J. King Paula Finley Mangum
Martin F. Murphy
DATE AUTHORIZED: December 20, 2010
DATE ISSUED: December 20, 2010
TO: Candies Pruitt-Doncaster, Esquire Mark DeJoie, Esquire
State Ethics Commission Capano & DeJoie
Enforcement Division 101 North Common Street
One Ashburton Place Lynn, MA 01902
Room 619 BY E-MAIL &
Boston, MA 02108 FIRST CLASS MAIL
BY E-MAIL & HAND