Settlement  Disposition Agreement in the Matter of Heather Larkin

Date:	06/24/2024
Organization:	State Ethics Commission
Docket Number:	24-0016
Referenced Sources:	G.L. c. 268A, the Conflict of Interest Law, as Amended by c. 194, Acts of 2011

Disposition Agreement

The State Ethics Commission (“Commission”) and Dr. Heather Larkin (“Larkin”) enter into this Disposition Agreement pursuant to Section 3 of the Commission’s Enforcement Procedures. This Agreement constitutes a consented-to final order enforceable in the Superior Court, pursuant to G.L. c. 268B, § 4(j).

On January 26, 2023, the Commission initiated a preliminary inquiry, pursuant to G.L. c. 268B, § 4(a), into possible violations of the conflict of interest law, G.L. c. 268A, by Larkin. On September 21, 2023, the Commission concluded its inquiry and found reasonable cause to believe that Larkin violated G.L. c. 268A, §§ 19, 23(b)(2)(ii), and 23(b)(3).

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

Findings of Fact

1. Larkin was the Director of Guidance and Pupil Personnel Services (“Director”) at Greater New Bedford Regional Vocational Technical High School (“GNBVT”) from 2016 through 2022. 

   Participating in Contract between GNBVT and Consultant Who became a Personal Friend

2. In mid to late-2021, Larkin connected with a professional “mental performance” coach for athletes (“Consultant”) through a mutual friend and social media. Larkin began exchanging messages with the Consultant. The two “hit it off immediately,” and they developed a friendship.
3. During the COVID-19 pandemic, GNBVT and other schools received grant funding to address student social and emotional wellbeing. As Director of Guidance, Larkin was charged with securing such programming for GNBVT.
4. In or about December 2021, Larkin asked the Consultant if she would provide mental performance coaching to GNBVT student-athletes. The Consultant agreed to do so.
5. In or about January 2022, Larkin, as Director, drafted a contract between the Consultant and GNBVT (“Contract 1”) for the Consultant to provide mental performance coaching to GNBVT student-athletes through the Consultant’s “In My Zone” program (“Program”).
6. The Consultant’s Program included large-group and small-group training sessions with the Consultant and guest speakers.
7. Under Contract 1, GNBVT agreed to pay the Consultant $10,000 for her Program services from January 2022 through June 2022, with $5,000 to be paid up front.
8. Larkin, as Director, signed Contract 1 on January 14, 2022.
9. Larkin, as Director, brought Contract 1 to the GNBVT School Business Manager to sign on behalf of the school. The School Business Manager signed the contract on January 14, 2022.
10. On January 18, 2022, Larkin, as Director, approved and submitted to the School Business Manager a GNBVT purchase order approving payment of the Consultant’s January 21, 2022 invoice seeking the $5,000 due to her up front under Contract 1 for the Consultant’s Program. GNBVT consequently paid the Consultant $5,000.
11. On March 2, 2022, Larkin, as Director, approved and submitted to the School Business Manager a GNBVT purchase order approving payment of the Consultant’s March 1, 2022 invoice seeking a $2,500 payment due to her under Contract 1 for the Consultant’s Program. GNBVT consequently paid the Consultant $2,500.

12. Larkin did not disclose to her appointing authority, the School Superintendent, that she had a personal relationship with the Consultant before drafting Contract 1, bringing it to the School Business Manager to sign, or before approving and submitting to the School Business Manager purchase orders approving payment of the Consultant’s invoices for payments under Contract 1.

    Participating Officially in the Contracting Process between GNBVT and the Consultant After Forming Private Business Relationship with the Consultant

13. In or around March 2022, Larkin founded a private business, All In Counseling and Mental Performance Coaching, LLC, (“All In”). Larkin formally organized All In on March 14, 2022.
14. In or about April 2022, Larkin privately began planning All In’s first Mental Performance Summit (the “Summit”). The Summit was to be an in-person mental performance coaching workshop taught by professional “mental performance coaches,” intended to teach student-athletes and their coaches skills to “provide student-athletes with knowledge and strategies to help get them to the next level of their sport” and improve their “performance mindset.” The Summit was scheduled for August 3, 2022.
15. In or about April 2022, Larkin asked the Consultant to co-host the Summit and the Consultant agreed to co-host the Summit with Larkin.
16. As business partners, Larkin and the Consultant intended to share the costs and anticipated profits related to the Summit.
17. In May 2022, Larkin, as Director, drafted a contract to renew the Consultant’s services to GNBVT for the Consultant’s Program from July 2022 through January 2023 (“Contract 2”).
18. Contract 2 doubled the Consultant’s fee from $10,000 to $20,000, and provided that $15,000 of that fee would be paid up front.
19. Larkin, as Director, signed Contract 2 on May 11, 2022.
20. Larkin, as Director, brought Contract 2 to the GNBVT School Business Manager to sign on behalf of the school. The School Business Manager signed Contract 2 on May 18, 2022.
21. Larkin did not disclose to her appointing authority, the School Superintendent, that she had a personal and business relationship with the Consultant before drafting Contract 2 for the Consultant’s Program and bringing it to the School Business Manager to sign.
22. On May 1, 2022, Larkin, as Director, approved payment of the Consultant’s May 1, 2022 invoice seeking the remaining payment of $2,500 due to her under Contract 1 for the Consultant’s Program. GNBVT consequently paid the Consultant $2,500.
23. On May 12, 2022, Larkin, as Director, approved and submitted to the School Business Manager a GNBVT purchase order approving the initial $15,000 payment due to the Consultant on July 1, 2022 under Contract 2 for the Consultant’s Program.

24. On June 17, 2022, GNBVT cancelled Contract 2 with the Consultant. The Consultant was not paid anything under Contract 2.

    Including Son to Participate in the Consultant’s Program

25. To be selected for the program, students were required to have a school coach’s or counselor’s recommendation and maintain good grades. Approximately thirty students from among the school’s 2,110 enrolled students met the criteria to participate in the Consultant’s Program, including Larkin’s son.

26. Larkin participated in the selection process and finalized the list of participants to attend the program. Larkin did not disclose to her appointing authority, the School Superintendent, her intent to include her son to participate in the Consultant’s Program before she participated and finalized the list of participants.

    Using School Resources to Promote the All In Summit

27. On May 26, 2022, Larkin asked the GNBVT Athletic Director to send an email message, drafted by Larkin, promoting the Summit to a listserv of approximately 500 student-athletes and/or their parents or guardians.
28. On May 31, 2022, the Athletic Director forwarded the email drafted by Larkin to the student-athlete listserv at her request.
29. In June 2022, Larkin posted multiple images of GNBVT student-athletes in their school-issued athletic uniforms on the All In Instagram account promoting the Summit.

30. In May and June 2022, Larkin posted multiple flyers promoting the Summit on the official GNBVT Guidance Department Instagram account, which she managed. 

    Larkin’s Resignation

31. Larkin was placed on leave from her GNBVT position on June 15, 2022.
32. Larkin and the Consultant hosted the All In Summit on August 3, 2022. The previously planned attendance fee was not charged. Larkin and the Consultant did not earn a profit from the event.

33. Larkin resigned from her GNBVT position effective June 30, 2023. As part of the agreed terms of her resignation, Larkin received her full GNBVT pay and benefits for the period June 15, 2022, when she was placed on leave, through June 30, 2023. 

    Conclusions of Law

    Section 19 Violations

34. General Laws chapter 268A, § 19 prohibits a municipal employee from participating as such an employee in a particular matter in which to her knowledge she, her immediate family member, or her business partner has a financial interest.
35. As Director of Guidance and Pupil Personnel Services at GNBVT, Larkin was a municipal employee as defined by G.L. c. 268A, § 1(g).
36. Each of the two contracts between GNBVT and the Consultant was a particular matter.
37. Larkin participated as Director in the particular matters of the two contracts by: drafting Contract 2 with the Consultant on behalf of GNBVT; deciding to double the Consultant’s fee and agreeing to 75 percent of her fee up front under Contract 2; presenting Contracts 1 and 2 to the School Business Manager to sign; approving payment of the Consultant’s May 1, 2022 invoice for payment under Contract 1; and approving and submitting to the School Business Manager a GNBVT purchase order approving payment of the initial $15,000 payment due to the Consultant on July 1, 2022 under Contract 2.
38. When Larkin participated as Director in the contract particular matters as described above, the Consultant was Larkin’s private business partner in the All In Summit.
39. Larkin knew at the time she participated in the contract particular matters, as described above, that her business partner, the Consultant, had a financial interest in them.

40. Therefore, when Larkin as GNBVT Director of Guidance and Pupil Personnel Services drafted Contract 2, decided to double the Consultant’s fee and agreed to pay 75 percent of her fee up front under Contract 2, presented Contract 2 to the School Business Manager to sign, approved payment of the Consultant’s May 1, 2022 invoice for payment under Contract 1, and approved and submitted to the School Business Manager a GNBVT purchase order approving payment of the initial $15,000 payment due to the Consultant on July 1, 2022 under Contract 2,  Larkin participated as a municipal employee in particular matters in which to her knowledge her business partner had a financial interest. In so doing, Larkin repeatedly violated G.L. c. 268A, § 19.

    Section 23(b)(3) Violations

41. Section 23(b)(3) of G.L. c. 268A prohibits a municipal employee from, knowingly or with reason to know, acting in a manner which would cause a reasonable person, knowing all of the relevant circumstances, to conclude that anyone can improperly influence or unduly enjoy the employee’s favor in the performance of her official duties or that the employee is likely to act or fail to act as a result of kinship, rank, position or undue influence of any party or person.

    Involvement in Contract 1 Between the Consultant and GNBVT

42. By, as GNBVT Director of Guidance and Pupil Personnel Services, engaging the Consultant’s services on behalf of GNBVT, drafting Contract 1 between GNBVT and the Consultant, and approving and submitting to the School Business Manager GNBVT purchase orders approving payment of the Consultant’s invoices seeking payments under Contract 1, while having an undisclosed personal relationship with the Consultant, Larkin knowingly or with reason to know, acted in a manner which would cause a reasonable person with knowledge of the relevant facts to conclude that the Consultant could unduly enjoy Larkin’s favor in the performance of her official duties as Director.  In so doing, Larkin violated G.L. c. 268A, § 23(b)(3).

    Involvement in Contract 2 Between the Consultant and GNBVT

43. By, as GNBVT Director of Guidance and Pupil Personnel Services, renewing the Consultant’s services on behalf of GNBVT, and drafting Contract 2 between GNBVT and the Consultant, which included doubling the Consultant’s fee and called for 75 percent payment up front, while having an undisclosed personal relationship with the Consultant, which had developed into a business relationship between the Consultant and Larkin’s personal business, “All In,” Larkin knowingly or with reason to know, acted in a manner which would cause a reasonable person with knowledge of the relevant facts to conclude that the Consultant could unduly enjoy Larkin’s favor in the performance of her official duties as Director. In so doing, Larkin violated G.L. c. 268A, § 23(b)(3).

    Including Son to Participate in the Consultant’s Program

44. By, as GNBVT Director of Guidance and Pupil Personnel Services, participating in the student selection process and including her son on a list of only 30 student-athletes to participate in the Consultant’s professional mental performance coaching program, Larkin knowingly or with reason to know, acted in a manner which would cause a reasonable person with knowledge of the relevant facts to conclude that her son could unduly enjoy Larkin’s favor in the performance of her official duties as Director. In so doing, Larkin violated G.L. c. 268A, § 23(b)(3).

    Section 23(b)(2)(ii) Violations

45. Section 23(b)(2)(ii) of G.L. c. 268A prohibits a municipal employee from knowingly, or with reason to know, using or attempting to use her official position to secure for herself or others unwarranted privileges or exemptions of substantial value[1] that are not properly available to similarly situated individuals.
46. The use of public resources to promote a private business event is an unwarranted privilege.
47. Larkin used her position as GNBVT Director of Guidance and Pupil Personnel Services to access and employ GNBVT resources to promote her private business event, the All In Summit, including the use of the school’s student-athlete listserv, the official GNBVT Guidance Department Instagram account, and photographs of student-athletes in their school-issued athletic uniforms.
48. Larkin’s use of GNBVT public resources to promote her private business event, including her use of the school’s student-athlete listserv, the official GNBVT Guidance Department Instagram account, and images of GNBVT athletes in uniform, which individually and cumulatively gave the appearance that her private business event was endorsed or sponsored by GNBVT, was of substantial value.
49. Similarly situated private business owners may not properly use GNBVT public resources to promote their business events.

50. Therefore, by using her position as GNBVT Director of Guidance and Pupil Personnel Services to access and employ public school resources to promote her private business event, Larkin knowingly or with reason to know used her official position to secure for herself unwarranted privileges of substantial value that were not properly available to similarly situated individuals.  In so doing, Larkin violated § 23(b)(2)(ii).

    Disposition

In view of the foregoing violations of G.L. c. 268A by Larkin, the Commission has determined that the public interest would be served by the disposition of this matter without further enforcement proceedings, on the following terms and conditions agreed to by Larkin:

(1)        that Larkin pay to the Commonwealth of Massachusetts, with such payment to be delivered to the Commission, the sum of $10,000 as a civil penalty for violating G.L. c. 268A, §§ 19, 23(b)(3), and 23(b)(2)(ii); and

(2)        that Larkin waive all rights to contest, in this or any other administrative or judicial proceeding to which the Commission is or may be a party, the findings of fact, conclusions of law and terms and conditions contained in this Agreement.

By signing below, Larkin acknowledges that she has personally read this Disposition Agreement, that it is a public document, and that she agrees to its terms and conditions.

STATE ETHICS COMMISSION

[1] “Substantial value” is $50 or more. 930 CMR 5.05.