Settlement  Disposition Agreement in the Matter of Katherine Touafek

Date:	10/22/2019
Organization:	State Ethics Commission
Docket Number:	19-0011

Introduction

The State Ethics Commission (“Commission”) and Katherine Touafek (“Touafek”) 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 April 19, 2018, 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.  On September 19, 2019, the Commission concluded its inquiry and found reasonable cause to believe that Touafek violated G.L. c. 268A, § 19.

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

Findings of Fact

1.  Katherine Touafek (“Touafek”), a resident of Providence, RI, was at all relevant times the Director of the School to Careers Partnership for the Blue Hills Regional Technical School District (“BHR”). The BHR includes the towns of Avon, Braintree, Canton, Dedham, Holbrook, Milton, Norwood, Randolph and Westwood, all but two of which are BHR School to Careers Partnership members.

2.  The goal of the BHR School to Careers Partnership is to facilitate a prepared workforce by connecting public high school students with work-based learning.

3.  At all relevant times, Touafek’s duties as Director of the BHR School to Careers Partnership included identifying and securing placement for students in internships, organizing speakers, tours and seminars, and facilitating business connections for students and teachers.

4.  At all relevant times, Touafek’s appointing authority as Director of the BHR School to Careers Partnership was the BHR Superintendent. Touafek signed annual employment contracts with the Superintendent or his designee. 

5.  On three occasions in 2013 through 2015, Touafek, as the BHR School to Careers Partnership Director, participated in hiring her son to be a paid speaker at School to Careers Partnership symposiums and authorized payments to him totaling $475.

6.  On June 21, 2013, August 14, 2015, September 24, 2015 and November 4, 2015, Touafek, as the School to Careers Partnership Director, participated in hiring her son to provide compensated personal services including branding, designing, redesigning and upgrading the School to Careers Partnership website.

7.  Between 2013 and 2015, Touafek’s son was paid a total of approximately $6,800 by the BHR for the School to Careers Partnership website work that Touafek hired him to perform.

Conclusions of Law

8.  Except as otherwise permitted¹,  § 19 of G.L. c. 268A prohibits a municipal employee from participating²  as such an employee in a particular matter³  in which, to his knowledge, he or an immediate family member⁴  has a financial interest⁵.

9.  As the BHR School to Careers Partnership Director, Touafek was at all relevant times a municipal employee as defined in G.L. c. 268A, § 1(g)⁶,   given that in that capacity she personally performed services for the BHR, a municipal agency⁷,  by contract of hire and/or by appointment.  

10.  Touafek’s son is a member of her immediate family. 

11.  The decisions to hire her son to perform compensated services for the BHR School to Careers Partnership were particular matters in which Touafek participated as Director of the Partnership

12.  Each time Touafek decided to hire her son to provide compensated services to the BHR School to Careers Partnership, she knew he had a financial interest in her decision.

13.  Therefore, by, as the BHR School to Careers Partnership Director, repeatedly participating in the hiring of her son to perform compensated work for the Partnership, Touafek violated § 19.

Resolution

In view of the foregoing violations of G.L. c. 268A by Touafek, 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 Touafek:

1. that Touafek pay to the Commonwealth of Massachusetts, with such payment to be delivered to the Commission, the sum of $4,000 as a civil penalty for violating G.L. c. 268A, § 19; and
    
2. that Touafek 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.

[1] None of the exemptions applies.

[2] “Participate” means to participate in agency action or in a particular matter personally and substantially as a state, county or municipal employee, through approval, disapproval, decision, recommendation, the rendering of advice, investigation or otherwise. G.L. c. 268A, § 1(j).

[3] “Particular matter” means any judicial or other proceeding, application, submission, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, decision, determination, finding, but excluding enactment of general legislation by the general court and petitions of cities, towns, counties and districts for special laws related to their governmental organizations, powers, duties, finances and property. G.L. c. 268A, § 1(k).

[4] “Immediate family” means the employee and his spouse, and their parents, children, brothers and sisters.  G.L. c. 268A, § 1(e).

[5] “Financial interest” means any economic interest of a particular individual that is not shared with a substantial segment of the population of the municipality. See Graham v. McGrail, 370 Mass. 133 (1976).  This definition has embraced private interests, no matter how small, which are direct, immediate or reasonably foreseeable. See EC-COI-84-98.  The interest can be affected in either a positive or negative way. See EC-COI-84-96.

[6] “Municipal employee” includes “a person performing services for or holding an office, position, employment or membership in a municipal agency, whether by election, appointment, contract of hire or engagement, whether serving with or without compensation, on a full, regular, part-time, intermittent, or consultant basis.” G.L. c. 268A, §1(g); see Commission Advisory 06-01, 2006 SEC 862. While Touafek stated that she thought she was a private employee of a public-private partnership and that the BHR did not provide her with the conflict of interest law summaries required by G.L. c. 268A, § 27, or require her to complete the online training for municipal employees required by G.L. 268A, § 28, she was nonetheless a municipal employee as defined in the conflict of interest law and subject to the restrictions thereof.

[7] “Municipal agency” includes any instrumentality of city or town government. A regional school district is an instrumentality of each of its member municipalities and, thus, a municipal agency. McMann v. State Ethics Commission, 32 Mass. App. Ct. 421, 428 (1992).