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Decision

Decision In the Matter of Charles Borstel

Date: 07/24/2013
Organization: State Ethics Commission
Docket Number: 13-0003
Administrative Magistrate: Commissioners: Charles B. Swartwood III, Martin Murphy, Paula Finley Mangum, William Trach

Final Order

On June 3, 2013, the parties filed a Joint Motion to Dismiss the Adjudicatory Proceeding.

In this action, Petitioner alleges that Respondent Charles Borstel was employed by the Division of Professional Licensure as Assistant to the Director, a major policy-making position for purposes of G.L. c. 268B, § 1, for more than 30 days in 2011, but failed to file his 2011 Statement of Financial Interests (“SFI”) by May 1, 2012 in violation of G.L. c. 268B, § 5.  Petitioner asks the Commission to impose a civil penalty of at least $2,500.

In support of the Joint Motion, the parties explain that Mr. Borstel contacted the Enforcement Division on April 1, 2013 and mistakenly had believed that he did not have to file a 2011 SFI.  As additional grounds, Mr. Borstel asserts and has demonstrated with documentary evidence that he did not receive a Formal Notice of Lateness (“Notice”) that Petitioner sent by e-mail on May 7, 2012 because his e-mail address had been compromised and he has been using a different e-mail address since April 4, 2012.  Mr. Borstel filed his 2011 SFI on April 4, 2013.

Wherefore, since Mr. Borstel did not receive the e-mailed Notice and has filed his 2011 SFI, the Commission allows the Joint Motion to Dismiss.  The adjudicatory proceeding is hereby dismissed.

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