Date: | 01/13/1984 |
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Organization: | State Ethics Commission |
Docket Number: | 232 |
- Appearance for Petitioner: Marilyn L. O'Connell, Esq.
- Respondent: Nicholas Paleologos
- Commissioners: Ch.; Brickman, Burns, McLaughlin, Mulligan
Date: | 01/13/1984 |
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Organization: | State Ethics Commission |
Docket Number: | 232 |
The Petitioner filed an Order to Show Cause on September 26, 1983 alleging that the Respondent,
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Nicholas Paleologos, had violated of M.G.L. c. 268B, s.5[1] by failing to file his Statement of Financial Interests for 1982 (Statement) within ten days of receiving from the Commission a Formal Notice of Delinquency. Pursuant to notice, an adjudicatory hearing was conducted on November 15,1983 before Commissioner David Brickman, a duly designated presiding officer. See, M.G.L. c. 268B, s.4(c). The parties filed post-hearing briefs but waived their right to present oral arguments before the full Commission. 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, Nicholas Paleologos, has been a State Representative from Woburn since, 1977.
2. As a person holding "public office"[2] in 1982, the Respondent was a "public official"[3] and was required to file a Statement for 1982 on or before May 31, 1983.
3. The Respondent failed to file his 1982 Statement by May 31, 1983.
4. On June 7, 1983, the Respondent received from the Commission a Formal Notice of Delinquency (Notice) requiring him to file his Statement within ten days of receipt of the Notice.
5. The Respondent failed to file his 1982 Statement within ten days of receipt of the Notice.
6. The Commission initiated a preliminary inquiry on July 19, 1983 pursuant to the Respondent's failure to file his 1982 Statement and thereafter authorized the initiation of adjudicatory proceedings.
7. The Respondent filed his 1982 Statement on July 18, 1983, twenty days after the expiration of the ten-day period contained in the Notice.
8. The Respondent admits receiving the Commission's Notice but states that he made a "conscious decision" to put the Notice aside until his General Court activities during that time period had subsided.
The failure of a reporting person to file a Statement within ten days after receiving a notice of delinquency constitutes a violation of M.G.L. c. 268B, s.5. The elements necessary to establish a M.G.L. c. 268B, s.5 violation are that: (1) the subject was a public official (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 a statement; (3) the subject did not file a statement within ten days of receiving notice. Inasmuch as the Respondent conceded at the adjudicatory hearing that he failed to file his 1982 Statement within ten days of receiving the Commission's Notice, the Commission concludes that the Respondent violated M.G.L. c. 268B, s.5.
Under M.G.L. c. 268B, s.4(d), the Commission may order an individual who violates M.G.L. c. 268B to pay a civil penalty of not more than $2,000.00 for each violation. In cases involving Statements which are filed late, the Commission imposes a fine calculated on the number of days which elapse after the expiration of the ten-day period following the Commission's Notice.[4] While the Commission does retain the discretion to adjust a civil penalty in recognition of mitigating circumstances, none of the factors warranting mitigation are present in this case.[5]
On the basis of the foregoing, the Commission concludes that Nicholas Paleologos 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 hereby orders Mr. Paleologos to pay a civil penalty of three hundred dollars ($300.00).