Settlement  Disposition Agreement in the Matter of Natasha Halfkenny

Date:	10/01/2024
Organization:	State Ethics Commission
Docket Number:	24-0023
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 Natasha Halfkenny (“Halfkenny”) 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 July 20, 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 Halfkenny.  On January 18, 2024, the Commission concluded its inquiry and found reasonable cause to believe that Halfkenny violated G.L. c. 268A, § 23(b)(2)(ii).

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

Findings of Fact

1. At all relevant times, Halfkenny was the Principal of the Tobin Elementary School, a kindergarten through eighth grade school in the Boston Public Schools (“BPS”).
2. As Principal of the Tobin School, Halfkenny’s direct supervisor was the Regional Superintendent.
3. Halfkenny was the direct supervisor of and appointing authority for Tobin School Assistant Principal Coreen Miranda (“Miranda”).
4. Halfkenny and Miranda were personal friends and socialized together outside of work.
5. On February 14, 2023, at 4:33 p.m., Miranda received notice via email from the Executive Director of the Boston Educational Development Fund (“BEDF”) that a non-profit organization had donated twelve tickets through BEDF for Tobin School students to attend the March 1, 2023 performance of the musical Hamilton at the Citizens Bank Opera House (“Opera House”) in Boston (the “Show”).  The non-profit organization intended the tickets for use by Tobin School students who would otherwise be unable to attend such a Broadway style show.
6. Five minutes later, Miranda forwarded the BEDF email to Halfkenny with a two-word expression of her excitement about the donation.
7. The donation of the Hamilton tickets to the Tobin School included two additional tickets for chaperones.
8. The BEDF Executive Director personally delivered the fourteen Hamilton tickets to the Tobin School.
9. The fourteen Hamilton tickets provided to the Tobin School were for mezzanine/right-center/row D seats and would have cost about $149 each to purchase.
10. Halfkenny assisted Miranda in allocating the fourteen tickets.
11. Miranda informed Halfkenny that she planned to allocate one of the chaperone tickets to herself and two of the Tobin School student tickets to her minor sons, who were not Tobin School or BPS students.
12. Halfkenny did not prohibit Miranda from bringing her sons to the Show or advise her to seek advice from BPS on whether she could use two of the tickets donated to the Tobin School to take her two sons to the Show.  Miranda did, however, ask the Executive Director of BEDF, who told her it would not be a problem.
13. Miranda asked Halfkenny if she would also chaperone and Halfkenny agreed.  Thus, Miranda and Halfkenny allocated to themselves the only Hamilton tickets donated specifically for use by chaperones.   
14. Prior to agreeing to chaperone, Halfkenny did not ask any other employees of the Tobin School whether they would like the opportunity to chaperone for the Show or direct Miranda to offer the opportunity to other staff.
15. Neither BPS policy nor the collective bargaining agreement between the Boston Teachers’ Union and the School Committee of the City of Boston prohibited Halfkenny from asking teachers if they would like the opportunity to chaperone for the Show.
16. Having allocated two of the twelve Hamilton tickets intended for use by Tobin School students to Miranda’s sons and the two tickets intended for chaperones to themselves, Halfkenny and Miranda then chose nine Tobin School eighth grade students to attend the Show.  Halfkenny and Miranda did not make the opportunity to attend Hamilton known to all Tobin School students through a general school announcement or otherwise.
17. One of the nine selected Tobin School students did not join the group on the day of the Show.
18. At some point, Halfkenny and Miranda decided to allocate an extra ticket to Halfkenny’s minor son, who was not a Tobin School or BPS student.

19. Thus, eight of the nine Tobin School students selected by Halfkenny and Miranda attended the Show with them and their three sons, using thirteen of the fourteen tickets provided to the Tobin school by BEDF.

    Conclusions of Law

    Section 23(b)(2)(ii)

20. 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.
21. The BPS is a municipal agency within the meaning of G.L. c. 268A, § 1(f).  As Principal of the Tobin School, Halfkenny was an employee of a municipal agency within the meaning of § 23(b)(2)(ii) and a municipal employee as defined by G.L. c. 268A, § 1(g).
22. The use of Hamilton tickets donated to the Tobin School was a privilege.
23. The use of the Hamilton tickets donated to the Tobin School by Miranda’s and Halfkenny’s sons was an unwarranted privilege as the tickets were BPS property and their sons were not Tobin School students or qualified chaperones.  Further, Miranda’s sons’ use of two tickets deprived two Tobin School students of the opportunity to attend the Show.
24. The unwarranted privilege of using the donated Hamilton tickets was of substantial value as to each ticket as each ticket had a value of about $149.
25. The unwarranted privilege of each of Miranda’s and Halfkenny’s sons’ use of Hamilton tickets donated to the Tobin School was not properly available to individuals similarly situated to them who were neither Tobin School students nor qualified chaperones.
26. Halfkenny used her Principal position to provide this unwarranted privilege to her son and Miranda’s sons by failing to prevent Miranda from allocating two Hamilton tickets donated to the Tobin School to Miranda’s sons and by allocating a Hamilton ticket donated to the Tobin School to her own son.
27. Therefore, by so acting, Halfkenny knowingly, or with reason to know, used her official position as Principal of the Tobin School to secure for her son and for each of Miranda’s sons an unwarranted privilege of substantial value that was not properly available to similarly situated individuals.  In so doing, Halfkenny violated § 23(b)(2)(ii) multiple times.

Disposition

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

1. that Halfkenny 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, § 23(b)(2)(ii); and
2. that Halfkenny 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, Halfkenny 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.