On the 21st day of February, 2008, between Christopher Cook, Respondent and William J. Colquhoun, Staff Counsel, agreed as follows:
The State Ethics Commission (“Commission”)
is an executive agency of the State of Maryland established for the purpose of
enforcing the Maryland Public Ethics Law (Title 15, State Government Article,
Annotated Code of Maryland, hereinafter the Ethics Law);
The
Respondent is an individual whose lobbying activities on behalf of SunEdison,
LLC (“the employer”) during the period of January 17, 2007 through October 31,
2007, required registration as a lobbyist with the State Ethics Commission;
The
Respondent registered on February 15, 2007, as a lobbyist with the Commission
as required by the State Government Article, Section 15-703(d)(1) of the Ethics
Law on behalf of the employer;
The
Respondent was required to submit a Lobbying Activity Report by November 30,
2007, for the period May 1, 2007 through October 31 2007, as required by the
State Government Article, Section 15-704(a)(i) of the Ethics Law and failed to
submit the required report;
On January 14, 2008, the Respondent
attempted to electronically file a Lobbying Activity Report, but did not
indicate whether the compensation listed had been prorated;
On
January 17, 2008, the Commission issued a complaint against the Respondent
alleging the failure to file a Lobbying Activity Report for the period of May
1, 2007 through October 31 2007;
On
February 8, 2008, the Respondent submitted the delinquent Lobbying Activity
Report for the period May 1, 2007 through October 31, 2007; and
The
Respondent is voluntarily entering into this Stipulation of Settlement
Agreement to admit his failure to timely file the Lobbying Activity Report for
the period May 1, 2007 through October 31, 2007, with the Commission and to pay
a sum of money in lieu of potential late filing fees pursuant to State
Government Article, Section 14-405 of the Public Ethics Law;
IN
CONSIDERATION of the submission of the required Lobbying Activity Report by
the Respondent, and the stipulations recited above, the Respondent and Staff
Counsel agree as follows:
1.
Respondent
admits that he did not timely file his Lobbying Activity Report on behalf of
the employer for the period May 1, 2007 through October 31, 2007, as required
by State Government Article, Section 15-704(a)(ii) of the Ethics Law.
2.
Respondent
subsequently filed the required Lobbying Activity Report with the Commission on
February 8, 2008 (a copy of which has been attached hereto and made a part
hereof).
3.
Respondent
understands that failure to comply with the lobbying disclosure provisions of
the Public Ethics Law can subject him to a formal complaint by the Commission
and upon a finding of a violation the possibility of late fees, civil fines,
reprimand or a suspension of her ability to lobby for compensation.
4. Based on the facts stated in this Stipulation
of Settlement, the Respondent agrees to pay as
settlement of the
complaint, the amount of Two Hundred and Fifty Dollars ($250.00) at the time of the
execution of this agreement in lieu of a potential late fees and in lieu of
civil fines for the above admitted late activity report (paragraph 1).
5.
Respondent
waives a formal hearing on this matter and agrees that acceptance of the
Stipulation of Settlement by the Commission would constitute, based on his
admission of violations of the Public Ethics Law, a final action and finding of
violation by the Commission, and, pursuant to § 15-407 of the Public Ethics
Law, this Agreement and materials relating to this matter are not subject to
the confidentiality provisions of the Public Ethics Law and will be public
information unless otherwise protected.
6.
Staff
Counsel will upon execution of this Agreement by the Respondent, recommend that
the Commission suspend further complaint proceedings against the Respondent and
recommend further that the Commission issue a Final Order in accordance with
the terms of this Agreement.
7.
Respondent
accepts that the Commission, pursuant to Section 15-405(c)(2) of the Ethics Law, will issue a reprimand to him effective the date of
the Final Order. The reprimand, this
agreement, including any documents incorporated herein, and the Final Order will be transmitted to his employer.
8.
Respondent
and Staff Counsel have entered into this Agreement for the sole purpose of
resolving the late submission of the Lobbying Activity Report, for the payment
in lieu of late fees, and to resolve the complaint now pending, and for no
other purpose.
IN
WITNESS WHEREFORE, Christopher Cook, Respondent and William J. Colquhoun, Staff Counsel for the State Ethics
Commission, have signed below.
/s/ ________/s/___________________
William J. Colquhoun, Staff Counsel Christopher
Cook
State Ethics Commission Lobbyist
(410) 260-7770
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State
of
County
of: _______________________, to wit:
Before me, the undersigned, a Notary Public in and for
the State and County aforesaid, personally appeared Christopher Cook, who made
oath on this day of ____________________, 2008, in due form
of law that the matters and facts hereinabove set forth are true to the best of
his knowledge, information and belief, and are his voluntary act and that he
executed this document for the purpose set forth herein.
__________________________________
Notary Public
My
Commission Expires: ______________________
---------------
State
of
County
of: _______________________, to wit:
Before me, the undersigned, a Notary Public in and for
the State and County aforesaid, personally appeared William J. Colquhoun, Staff
Counsel to the State Ethics Commission, who made oath on this day of ________________, 2008,in due form of
law that he executed this agreement for the purposes set forth herein.
__________________________________
Notary Public
My
Commission Expires:
_____________________
---------------
Accepted by the Commission
_________/s/_________________________
Robert F. Scholz, Chairman
for the Commission
Date: March 6, 2008