Docket No. 529

In the Matter of Angelo M. Scaccia

August 8, 2001

Decision and Order


Appearances:

David A. Wilson, Esq. Counsel for Petitioner

Thomas R. Kiley, Esq. Counsel for Respondent

Commissioners: Wagner, Ch., Moore, Cassidy, Roach, and Dolan

I. Procedural History

This matter was remanded by the Superior Court

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on October 23, 2000, upon Order of the Supreme Judicial Court. The
Supreme Judicial Court ordered the remand to the Commission "for a
hearing regarding the civil penalty to be assessed against
Scaccia," in light of the Court's decision that there was not
substantial evidence to support the Commission's conclusion that
Representative Scaccia violated G.L. c. 268A, s.3, but that the
CommisSion was correct in its conclusions that Representative
Scaccia violated G.L. c. 268A, s.23(b)(3), G.L. c. 268B, s.6, and
G.L. c. 268B s.7. Scaccia v. State Ethics Commission, 431 Mass.
351, 359 (2000).

Following remand, the Respondent filed a Motion For A New
Hearing, asking the Commission to bold further hearings and take
additional evidence regarding the substantive chapter 268A and
chapter 268B violations. The Petitioner opposed this motion.

The parties submitted briefs on the Motion for A New Hearing
and on the disposition of the case. On June 20, 2001 the Commission
held a hearing on the Motion and on the Disposition issue. Each
party presented oral argument.

II. Decision and Disposition

Having fully considered the parties' written and oral
arguments, we conclude that the Respondent, Representative Scaccia,
has not proven, by a preponderance of the evidence, either under
the standards of G.L. c. 30A, s. 14(6) or Mass. R. Civ. P. 60(b),
that any additional evidence would be material to the outcome of
the case and could not have been presented at the original hearing
of the case. Accordingly, the Respondent's Motion for A New Hearing
is DENIED.

Having concluded in the original adjudicatory hearing that the
Respondent violated G.L. c. 268A, s.23(b)(3), G.L. c. 268B, s.6,
and G.L. c. 268B, s.7 and pursuant to the authority granted it by
G.L. c. 268B, s.40), the State Ethics Commission hereby orders
Representative Angelo M. Scaccia to pay a civil penalty of $1,400
for violations of G.L. c. 268A, s.23(b)(3) and a civil penalty of
$350 for violations of GL. c. 268B, s. 7, resulting in an aggregate
total civil penalty of S 1750.00. The Commission declines to assess
an additional civil penalty for the violations of G.L. c. 268B, s.6
because the predicate conduct for the s.6 violations is the same as
the conduct found to violate G.L. c. 268A, s.23(b)(3).