Ethics Commission Dismisses Charles Borstel Adjudicatory Proceeding
Former Division of Professional Licensure Assistant to the Director did not receive an e-mailed notice of his obligation to file a 2011 Statement of Financial Interests
The Ethics Commission allowed a Joint Motion to Dismiss the Adjudicatory Proceeding involving Charles Borstel (“Borstel”), former Assistant to the Director of the Division of Professional Licensure (“DPL”), for allegedly violating G.L. c. 268B, the financial disclosure law. The adjudicatory proceeding was initiated on March 12, 2013. The Commission’s Enforcement Division filed an Order to Show Cause alleging that Borstel violated the financial disclosure law by failing to file his 2011 Statement of Financial Interests (“SFI”) by the May 1, 2012 deadline. The Enforcement Division requested that the Commission impose a $2,500 civil penalty in the case.
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 disclose their financial interests and private business associations annually by filing an SFI with the Commission. As the DPL Assistant to the Director, Borstel was a “designated major policy maker,” and was required to file his 2011 SFI by May 1, 2012.
In allowing the Motion, the Commission noted that Borstel contacted the Enforcement Division on April 1, 2013 and explained that he mistakenly believed he did not have to file a 2011 SFI. He also provided evidence to show that a Formal Notice of Lateness (“Notice”) was sent to an e-mail address he had stopped using because it had been compromised. Borstel filed his 2011 SFI on April 4, 2013. Because he did not receive the e-mailed Notice, the Commission allowed the motion and dismissed the adjudicatory proceeding.