Docket No.: 205


Date: May 5, 1983


Page 150

This disposition agreement ("agreement") is entered into
between the State Ethics Commission ("Commission") and Christine
Shane ("Ms. Shane") pursuant to Section 11 of the Commission's
Enforcement Procedures. The parties agree that this agreement
constitutes a consented to final Commission order enforceable In
the Superior Court pursuant to G.L. c. 268A, s.4(d).

On March 22, 1983, the Commission initiated a preliminary
inquiry, pursuant to G.L. c. 2688, s.4(a), into possible violations
of the Conflicts-Interest Law, G.L. c. 268A, involving Ms. Shane,
director of the Office of Staff Training Manpower Planning and
Development. The Commission has concluded that preliminary inquiry
and, on March 22, 1983, found reasonable cause to believe that Ms.
Shane violated s.23(d).

The parties now agree to the following findings of fact and
conclusions of law:

1. Ms. Shane is, and has been since June, 1982, director of
the Office of Training Manpower Planning and Development for the
Department of Mental Health (DMH). As director, she is a state
employee as defined in s.1(q) of G.L. c. 268A.

2. In October, 1982, Ms. Shane was asked by a representative
from Georgia's Department of Mental Health (GDMH) to participate
in a week-long workshop in Atlanta. She filled out a travel
approval sheet which was required to be completed because she was
going to attend on state time and submitted it to her supervisor,
William Jones ("Mr. Jones"). On this form Ms. Shane stated that the
purpose of the trip was "to participate in a workshop on program
evaluation and staff training for human service workers." She also
wrote that "expertise will be gained, in staff training,
especially, workshop format, design, implementation in quantitative
analysis." Mr. Jones approved this request.

3. Ms. Shane went to Georgia and participated in the workshop
on state time. She was invited to participate not because of her
state position but because of other skills she possessed.

4. Three months after the workshop, Shane received a $1,500
honorarium for her involvement in it.

5. Section 23(d) of G.L. c. 268A prohibits a state employee
from using her official position to secure unwarranted privileges
for herself.

6. By accepting the honorarium for participating in this
workshop on state time, Ms. Shane violated G.L. c. 268A, s.23(d).

In view of the foregoing violation of G.L. c. 268A, s.23(d),
the Commission has determined that the public Interest would be
served by the disposition of this matter without further
enforcement proceedings on the basis of she following terms and
conditions agreed to by Ms. Shane:

1. That she pay to the Commission the sum of $500.00 as a
civil penalty for violating G.L. c. 268A, s.23(d);

2. that she pay to the Commission the sum of $1,000.00 as
restitution for the money she received for participating in the
Georgia workshop;[*]

3. that she in the future refrain from engaging in private
employment on state time.

4. that she waive all rights to contest the findings of fact,
conclusions of law and terms and conditions contained in this
agreement or any related administrative or judicial proceeding to
which the Commission is a party.


* The reason that only 1,000 of the $1,300 honorarium is being paid
as restitution is because the Commission determined that one third
if her activities for GDNH were performed on her private time.

End Of Decision