December 1, 2009


Order


On November 6, 2009, pursuant to 930 CMR 1.01(6)(d), [1] / Petitioner filed an Assented to Motion to Dismiss (Assented to Motion) requesting that the Commission approve a Disposition Agreement in settlement of this matter and dismiss this adjudicatory proceeding. The Presiding Officer, David L. Veator, referred the Assented to Motion, with the Disposition Agreement, to the full Commission for deliberations on November 20, 2008. [2] /

In the Disposition Agreement, Respondent Scott Lanzetta admits that he repeatedly violated G.L. c. 268A, § 17(a) and agrees to pay a civil penalty of $5,000. Lanzetta 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. He has tendered the payment of the $5,000 civil penalty.

In support of the Assented to 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 Assented to Motion. The Disposition Agreement is approved. Lanzetta's tendered payment of the $5,000 civil penalty is accepted. Commission Adjudicatory Docket No. 09-0012, In the Matter of Scott Lanzetta, is dismissed.

__ //signed//_____________________ ___ //signed//____________
Charles B. Swartwood, III, Chairman Jeanne M. Kempthorne

__ //signed//_________ ___ //signed//__________
David L. Veator Patrick J. King

DATE AUTHORIZED: November 20, 2009

DATE ISSUED: December 1, 2009

TO: Scott Lanzetta Mark Walter, Esq.
ADDRESS Enforcement Division
REDACTED State EthicsCommission
BY FAX & FIRST CLASS MAIL One Ashburton Place
Room 619
Boston, MA 02108
BY HAND



[1] / That regulation provides in relevant part that a motion to dismiss may be granted only by the Commission. See 930 CMR 1.01(6)(a) ("[A]ny action which would terminate the Adjudicatory Proceeding may be taken only by the Commission.")

[2] / Commissioner Matthew N. Kane did not participate in the deliberations and has, therefore, not signed this Order.