Ethics Commission Fines Former Nantucket County Sheriff Richard Bretschneider and Former PRIM Board Employee David Landy for Violating the Financial Disclosure Law
Each assessed civil penalties for failing to timely file their Statements of Financial Interests for Calendar Year 2010
The State Ethics Commission ("Commission") has concluded two separate adjudicatory proceedings involving former Pension Reserves Investment Management Board employee David Landy (“Landy”) and former Nantucket Sheriff Richard Bretschneider (“Bretschneider”) by issuing Decisions and Orders (“Orders”) finding that each violated G.L. c. 268B, the financial disclosure law, by failing to timely file their Statement of Financial Interests (“SFIs”) for calendar year 2010. Bretschneider was ordered to pay a civil penalty of $1,200, and Landy was ordered to pay a civil penalty of $800.
The adjudicatory hearings were initiated by the Commission's Enforcement Division by the filing of Orders to Show Cause ("OTSCs") on October 13, 2011. The OTSCs alleged that Bretschneider and Landy each failed to file their SFIs for calendar year 2010 within 10 days of receiving a Formal Notice of Lateness ("Notice"). Neither Bretschneider nor Landy responded to the OTSCs. On November 22, 2011, the Presiding Officer for both adjudicatory matters issued Orders on Motions for Summary Decision requiring Bretschneider and Landy, respectively, to file answers to the OTSCs by December 6, 2011 or to otherwise show cause why summary decisions should not be entered against them. Neither Bretschneider nor Landy filed the required answers. The Orders issued today entered summary decision against both individuals.
According to the Orders, Bretschneider and Landy each were required to file their 2010 SFIs by May 2, 2011. They failed to file their SFIs by that date, and on May 6, 2011, they were each sent a Notice advising them that they had 10 days to file or they would be subject to civil penalties. Neither Bretschneider nor Landy filed within the 10-day period. Bretschneider filed his SFI for 2010 on September 21, 2011, more than 111 days late. Landy filed his 2010 SFI on August 1, 2011, more than 71 days late. The civil penalties of $1,200 for Bretschneider and $800 for Landy were assessed in accordance with the Commission’s penalty schedule for late filers.
The financial disclosure law requires elected state and county officials, candidates for state office and "designated major policy makers" at the state and county level to annually disclose their financial interests and private business associations by filing an SFI with the Commission for the prior calendar year. The Commission can impose civil penalties for the failure to file an SFI and for the late filing of an SFI.
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