Date: | 10/22/2019 |
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Organization: | State Ethics Commission |
Docket Number: | 19-0011 |
- This page, Disposition Agreement in the Matter of Katherine Touafek, is offered by
- State Ethics Commission
Settlement Disposition Agreement in the Matter of Katherine Touafek
Table of Contents
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:
- 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
- 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.