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Commission waives civil penalties in three cases, citing health and bankruptcy concerns
Summary
The Ethics Commission reconsidered and waived civil penalties in three matters: Arnold Weiner (health-related waiver), SmileDirectClub (bankruptcy-related waiver), and Lee Booker (planning commissioner who filed after suffering a stroke). Each action passed by voice vote after staff explanation and motions to reconsider.
The Ethics Commission voted to reconsider and waive civil penalties in three separate matters after staff presented case-specific circumstances: one involving a respondent with dementia, one involving a company in bankruptcy, and one involving a planning commissioner who recently filed and is recovering from a stroke.
Arnold Weiner (case no. 2023 055) was presented by staff as having "dementia" and significant health issues. Staff recommended the commission reconsider and waive the civil penalty given his medical condition and a relative’s contact with the office. A member moved to reconsider and then moved to waive the civil penalty; the commission approved the motions by voice vote.
In the SmileDirectClub matter (case no. 2024321), staff reported the company had filed bankruptcy and counsel for the company advised the commission that pursuing collection could violate the federal bankruptcy automatic stay. Another staff member with bankruptcy experience said the penalty (noted as $1,000) would be costly to pursue and might be noncollectible even if a bankruptcy court later found it non-dischargeable. To avoid potential litigation and expense, the commission voted to reconsider and waive the $1,000 civil penalty.
Finally, General Counsel Lauren Topping brought forward the case of Lee Booker (case no. 2023-278), a planning commissioner in Ray County who was assessed a $500 penalty referred to the Attorney General’s office for collection. Counsel reported Booker filed his statement of interest that day and that he had suffered a stroke in early 2023 and remains significantly impaired. Members moved to reconsider and rescind the penalty, approving settlement for $0 by voice vote.
Each waiver was approved by voice vote during the meeting; the commission did not record roll-call tallies in the public transcript. Staff said it will update case files to reflect the commission’s decisions and to notify appropriate collection offices as needed.
