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Decision In the Matter of Kevin Franck
On October 3, 2014, the Petitioner filed a Motion to Suspend Proceedings, Accept Respondent’s Payment of the Civil Penalty and Dismiss the Proceedings (“Motion”). The Presiding Officer, Regina L. Quinlan, referred the Motion to the full Commission for deliberations on October 16, 2014.
In the Motion, Petitioner states that Respondent Kevin Franck served as the Executive Office of Labor and Workforce Development’s Director of Communications and was required to file a Statement of Financial Interests (SFI) for calendar year 2012 in accordance with G.L. c. 268B, § 5 and 930 CMR 2.00. The Respondent filed his SFI 28 days late. Respondent has tendered the payment of the $300 civil penalty.
In support of the Motion, Petitioner asserts that the $300 civil penalty received from the Respondent is consistent with the Commission’s schedule of penalties imposing fines for Statements of Financial Interests filed twenty-one (21) to thirty (30) days after receipt of a Formal Notice of Lateness. The Petitioner further asserts that the interests of justice, the parties and the Commission will be served by the acceptance of the $300 civil penalty.
WHEREFORE, the Commission hereby ALLOWS the Motion. Respondent’s tendered payment of the $300 civil penalty for violating G.L. c. 268B, § 5 is accepted. Commission Adjudicatory Docket No. 14-0010, In the Matter of Kevin Franck, is DISMISSED.