Date: | 01/16/2008 |
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Organization: | State Ethics Commission |
Docket Number: | 07-0027 |
- Respondent: Kenneth Karlson
- Appearance for Petitioner: Karen B. Gray, Esq.
- Presiding Officer: Jeanne M. Kempthorne
- Commissioners: Daher, Kane, Kempthorne, Veator
Date: | 01/16/2008 |
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Organization: | State Ethics Commission |
Docket Number: | 07-0027 |
On December 7, 2007, Petitioner, the Enforcement Division of the State Ethics Commission, filed a Motion for Summary Decision and Order Cancelling the January 7, 2008 Adjudicatory Hearing. As grounds for the motion for summary decision, Petitioner stated that an Order to Show Cause was filed on October 17, 2007, and that Respondent, Kenneth Karlson, had failed to file an Answer. [1]
Pursuant to 930 CMR 1.01(6)(f)2, [2]the full Commission may enter a summary decision in favor of the Petitioner when the record discloses a Respondent's failure to file required documents, respond to notices or correspondence, or comply with orders of the Commission or a Presiding Officer, or when the record otherwise indicates a substantial failure to cooperate with an adjudicatory proceeding.
On January 2, 2008, pursuant to 930 CMR 1.01(6)(f)2, the Presiding Officer ordered Karlson to file an Answer by January 11, 2008, or otherwise show cause why a summary decision should not be entered against him. The order provided that if Karlson failed to do so by January 11, then the Commission would consider whether summary decision should be entered against him during its meeting on January 16, 2008.
Karlson did not file an Answer by January 11, 2007, and he otherwise has failed to show cause why summary decision should not be entered against him. The record therefore warrants the entry of a summary decision.
The OSC alleges that in the summer of 2004, as a member of the Rockland Conservation Commission, Karlson addressed an application by the Massachusetts Sports Club to construct a skating rink and parking lot. In August, 2004, the Conservation Commission allegedly issued an Order of Conditions that included grading requirements. Petitioner alleges that the developer of the project, who had appeared before the Conservation Commission as an engineer in connection with the matter, hired Karlson in the spring of 2005, and that Karlson performed excavation work to satisfy the grading requirements in the Order of Conditions. The Order to Show Cause alleges that Karlson violated G.L. c. 268A, section 17(a) [3]by receiving $10,000 from the developer as compensation for this work.
Because of Respondent's failure to defend or otherwise respond to the allegations, we conclude that Respondent has violated section 17(a). We regard the alleged conduct as a serious violation because Karlson received compensation in connection with a matter under the jurisdiction of his own board. Accordingly, we find that the maximum statutory fine of two thousand dollars ($2,000) is warranted.
Pursuant to G.L. c. 286B, section 4(j)(3), we hereby ORDER the Respondent, Kenneth Karlson, to pay the Commission a civil penalty of two thousand dollars ($2,000) within thirty days of receipt of this ruling.