Order  Final Order in the Matter of Erik Fleming

Date:	11/09/2021
Organization:	State Ethics Commission
Docket Number:	21-0008
Referenced Sources:	G.L. c. 268A, the Conflict of Interest Law, as Amended by c. 194, Acts of 2011

Final Order

On October 8, 2021, the parties filed a Joint Motion to Approve Disposition Agreement and Dismiss Adjudicatory Matter (“Joint Motion”) with a proposed Disposition Agreement requesting that the Commission approve the Disposition Agreement in settlement of this matter and dismiss the adjudicatory proceeding.  The Presiding Officer, Josefina Martinez, referred the Joint Motion with the Disposition Agreement to the full Commission for deliberations on October 20, 2021. 

In the proposed Disposition Agreement, Respondent Erik Fleming admits that he violated G.L. c. 268A, § 19 by participating as a Town of Hardwick Planning Board member in the Board’s approval of a site plan for the construction of a new STEM [1] building at the Eagle Hill School (“School”), a private non-profit college preparatory school for which he served as trustee, when the School had to the Respondent’s knowledge a financial interest in the matter because site plan approval affected the School’s use of its property and was a prerequisite to securing a building permit to construct the STEM building. [2] 

The Respondent agrees to pay a civil penalty of $5,000 and to waive all rights to contest the findings of fact, conclusions of law and terms and conditions contained in the Disposition Agreement in this and any other administrative or judicial proceeding to which the Commission is or may be a party.  Respondent has tendered the payment of the $5,000 civil penalty. 

In support of the Joint Motion, the parties assert that this matter would be fairly and equitably resolved by the terms set forth in the Disposition Agreement and that the settlement of this matter would be in the interests of justice and in the best interests of the parties and the Commission. 

WHEREFORE, the Commission hereby ALLOWS the Joint Motion.  Respondent’s tendered payment of the $5,000 civil penalty for violating G.L. c. 268A, § 19 is accepted.  Commission Adjudicatory Docket No. 21-0006, In the Matter of Erik Fleming is DISMISSED.

           

DATE AUTHORIZED:    October 20, 2021

DATE ISSUED:                November 9, 2021

 

[1] Science, Technology, Engineering, and Mathematics.

[2] G.L. c. 268A, § 19 prohibits a municipal employee from participating as such an employee in a particular matter in which, inter alia, a business organization for which he is serving as an officer, director, trustee, or partner, has a financial interest.