Date: | 02/28/1984 |
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Organization: | State Ethics Commission |
Docket Number: | 235 |
- Appearance for Petitioner: Sally C. Reid, Esq.
- Respondent: Bill Owens
- Commissioners: Diver, Ch.; McLaughlin, Brickman, Burns, Mulligan
Date: | 02/28/1984 |
---|---|
Organization: | State Ethics Commission |
Docket Number: | 235 |
Page 176
The Petitioner filed an Order to Show Cause on October 3, 1983 alleging that the Respondent, Bill Owens, had violated M.G.L. c. 268B, s.5[1] by failing to file his Statement of Financial Interests for 1982 (SFI) within ten days of receiving from the Commission a Formal Notice of Delinquency.
Pursuant to notice, an adjudicatory hearing was conducted on January 10, 1984 before Commissioner David Brickman, a duly designated presiding officer. See, M.G.L. c. 268B, s.4(c). Oral argument was heard before the full Commission at its meeting on January 30, 1984. In rendering this Decision and Order, each participating member of the Commission has considered the evidence and arguments presented by the parties.
1. The Respondent served as a state senator until the end of 1982, and was therefore a public official within the meaning of G.L. c. 268B, s.1(q).
2. As a public official through 1982, the Respondent was required to file an SFI for 1982 on or before May 31, 1983.
3. The Respondent failed to file his 1982 SFI by May 31, 1983.
4. On June 15,1983, the Respondent received a Formal Notice of Delinquency (Notice) from the Commission requiring him to file his SFI within ten days receipt of the Notice.
5. The Respondent failed to file his 1982 SFI within ten day's of receipt of the Notice.
6. The Commission authorized a preliminary inquiry on July 19, 1983 and the initiation of adjudicatory proceedings against the Respondent thereafter.
7. The Respondent filed his 1982 SFI on August 17, 1983, thirty- seven working days after the expiration of the ten-day period contained in the Notice.
The elements necessary to establish a G.L. c. 268B, s .5 violation are:
(1) the subject was a public official or employee (as defined by the statute) during the year in question;
(2) the subject was notified in writing of his delinquency and the possible penalties for failure to file an SFI; and
(3) the subject did not file an SFI within ten days of receiving notice of delinquency.
The Respondent conceded at both the adjudicatory hearing and at oral argument before the full Commission that he had failed to file his 1982 SFI within ten days of receiving the Commission's Notice, and has offered no legal defenses. The Commission therefore concludes that the Respondent violated G.L. c. 268B, s.5.
Under G.L. c. 268B, s.4(d), the Commission may order an individual who violates G. L. c. 268B to pay a civil penalty of not more than $2,000 for each violation. In cases involving SFIs which are filed late, the Commission imposes a fine based on the number of days which elapse after the expiration of the ten-day period following the Commission's Notice. The schedule the Commission adopted on April 12,1983 calls for a daily fine of $10 per day for the first ten working days and $20 per working day thereafter, or a total of $640 in the instant case. However, the Commission recently adopted a $500 limitation on the civil penalty to be imposed on late filers. See, In the Matter of Vernon R. Thornton,
Page 177
1984 Ethics Commission _____. While the Commission does retain the discretion to adjust a civil penalty in recognition of mitigating circumstances, none of the factors warranting mitigation below the $500 ceiling are present in this case.[2] Compare, In the Matter of Delabarre F. Sullivan, 1983 Ethics Commission 128.
On the basis of the foregoing, the Commission concludes that Bill Owens violated M.G.L. c. 268B, s.5. Pursuant to the authority granted it by M.G.L. c. 268B, s.4(d), the Commission orders Mr. Owens to pay a civil penalty of five hundred dollars ($500.00).