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State alleges conflict of interest against Hardwick planning board member on Eagle Hill School building plan - MassLive.com

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BOSTON – Hardwick Planning Board member Erik Fleming, also a trustee at Eagle Hill School in town, stands accused of violating state ethics laws, for approving a new building at the school, while sitting on the planning board, despite being advised this would constitute a conflict of interest, according to state ethics commission.

According to an “order to show cause” to Fleming, publicly released Tuesday by Massachusetts Ethics Commission, he contacted the commission for advice, on whether he could participate as a planning board member, since he was also a trustee.

The order states Fleming was told he could not participate as a planning board member and that even if he made official disclosure of that, this would not cure his conflict of interest.

The order says he voted in favor of the school’s request for site plan approval with his planning board colleagues back on June 12, 2018; the building was subsequently constructed.

In an email Wednesday to The Republican, Fleming wrote: “I do not intend to plead guilty to the charge made against me as I did nothing improper. As state law allows, any and all potential conflicts of interest were properly and fully disclosed” a day prior to planning board’s first hearing on it.

He forwarded the newspaper a copy of his disclosure.

The document indicates he filed that with Hardwick Town Clerk, with clerk’s date-stamp showing May 14, 2018 receipt of it.

Hardwick planning board’s first hearing on the Eagle Hill request for site plan approval commenced May 15, 2018.

The disclosure form includes a section saying: “If you cannot confirm this statement, you should recuse yourself,” with instructions to “Write an X to confirm this statement below.”

Fleming affixed X to the “this statement below” section on form, which states: “Taking into account the facts that I have disclosed above, I feel that I can perform my official duties objectively and fairly.”

The ethics commission order targeting Fleming says the commission’s “Legal Division advised Fleming that he was prohibited by the conflict of interest law from participating as a member of the Planning Board in its review of Eagle Hill’s site plan.”

The order says that in his role as trustee, Fleming “chairs the Building Committee and oversees new construction and renovation at Eagle Hill.”

The order said a disclosure could not cure a conflict of interest and “further advised Fleming that he should abstain entirely” from Hardwick planning board’s review of the school’s building proposal.

In a news release on Tuesday, the Commission said the agency’s “Enforcement Division files an Order to Show Cause after the Commission has found reasonable cause to believe the subject of the Order violated the conflict of interest law. Before filing the Order to Show Cause, the Enforcement Division gives the subject an opportunity to resolve the matter through a disposition agreement. The Commission will schedule a public hearing on the allegations against Fleming within 90 days. The Commission is authorized to impose a civil penalty of up to $10,000 for violations of the conflict of interest law.”

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