| Date: | 06/16/2022 |
|---|---|
| Organization: | State Ethics Commission |
| Docket Number: | 22-0005 |
| Referenced Sources: | G.L. c. 268A, the Conflict of Interest Law, as Amended by c. 194, Acts of 2011 |
- This page, Disposition Agreement in the Matter of Stacia Castro, is offered by
- State Ethics Commission
Settlement
Settlement Disposition Agreement in the Matter of Stacia Castro
Table of Contents
Disposition Agreement
The State Ethics Commission (“Commission”) and Stacia Castro (“Castro”) enter into this Disposition Agreement pursuant to Section 5 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 October 20, 2021, the Commission initiated, pursuant to G.L. c. 268B, § 4(a), a preliminary inquiry into possible violations of the conflict of interest law, G.L. c. 268A, by Castro. The Commission has concluded its inquiry and, on March 17, 2022, found reasonable cause to believe that Castro violated G.L. c. 268A.
The Commission and Castro now agree to the following findings of fact and conclusions of law:
Findings of Fact
1. At all relevant times, Castro served as the MassHealth Director of Specialty Provider Network for the Executive Office of Health and Human Services (“EOHHS”).
2. At all relevant times, DentaQuest, a dental benefits management company, was the third-party administrator for MassHealth’s Dental Program.
3. In her position as the MassHealth Director of Specialty Provider Network, Castro was responsible for day-to-day interactions with DentaQuest, and regularly interacted with DentaQuest’s Regional Director (“Regional Director”).
4. In or around June 7, 2016, Castro asked the Regional Director if DentaQuest had access to Red Sox tickets. Soon thereafter, the Regional Director asked DentaQuest’s Vice President if she could provide Red Sox tickets to what she referred to as her MassHealth client.
5. DentaQuest provided Castro with four tickets for a July 22, 2016 Red Sox baseball game at Fenway Park, valued at $120 per ticket. DentaQuest also provided Castro with a tour of Fenway Park and a $500 voucher for dinner at Fenway Park’s EMC Club. DentaQuest did not charge Castro for the tickets, the tour, or the voucher.
6. Castro accepted the four tickets for the July 22, 2016 Red Sox game, Fenway Park tour and EMC Club dinner voucher. Castro did not pay DentaQuest anything for the tickets, the tour, or the voucher.
7. On or about June 29, 2017, Castro asked the Regional Director for six free tickets for a Red Sox game in late August. DentaQuest was unable to accommodate the request.
8. On or about May 9, 2018, Castro again asked the Regional Director for free Red Sox tickets. DentaQuest provided her with four tickets, valued at $120 per ticket, for a May 25, 2018 Red Sox game. DentaQuest did not charge Castro for the tickets.
9. Castro accepted the four tickets to the May 25, 2018 Red Sox game. Castro did not pay DentaQuest anything for the tickets.
Conclusions of Law
10. Section 23(b)(2)(i) of G.L. c. 268A, in relevant part, prohibits an officer or employee of a state agency from, knowingly, or with reason to know, soliciting or receiving anything of substantial value for such officer or employee, which is not otherwise authorized by statute or regulation, for or because of the officer or employee's official position.
11. EOHHS is a state agency as defined by G.L. c. 268A, § 1(p). As the MassHealth Director of Specialty Provider Network for EOHHS, Castro was an employee of a state agency within the meaning of § 23(b)(2)(i) and a state employee as defined in G.L. c. 268A, § 1(q).
12. In June 2016, Castro solicited and received four free Red Sox tickets from DentaQuest. Castro also received a free tour of Fenway Park and a free $500 meal voucher, in addition to the tickets.
13. In June 2017, Castro solicited DentaQuest for six additional free Red Sox tickets.
14. In August 2018, Castro solicited and received four free Red Sox tickets from DentaQuest.
15. The free tour and meal voucher Castro received in 2016, each free Red Sox ticket solicited and received in 2016 and 2018, and the six free Red Sox tickets solicited in 2017 were of substantial value.1
16. Castro’s solicitation and receipt of the free Red Sox tickets, tour and meal voucher was not authorized by statute or regulation.
17. When Castro solicited the free Red Sox tickets, and received the free Red Sox tickets, Fenway Park tour and meal voucher from DentaQuest, Castro knew or had reason to know she was being given them because of her official position as EOHHS’ MassHealth Director of Specialty Provider Network.
18. Therefore, by receiving a free Fenway Park tour and $500 meal voucher in 2016, soliciting and receiving four free Red Sox tickets in 2016, soliciting six free Red Sox tickets in 2017, and soliciting and receiving four free Red Sox tickets in 2018, from DentaQuest, Castro knowingly solicited and received something of substantial value for herself, which was not otherwise authorized by statute or regulation, for or because of her official position. In so doing, Castro violated § 23(b)(2)(i).
In view of the foregoing violation of G.L. c. 268A by Castro, the Commission has determined that the public interest would be served by the disposition of this matter without further enforcement proceedings, based on the following terms and conditions agreed to by Castro:
(1) that Castro pay to the Commonwealth of Massachusetts, with such payment delivered to the Commission, the sum of $6,000 as a civil penalty for violating G.L. c. 268A, § 23(b)(2)(i); and
(2) that Castro 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, Castro acknowledges that she has personally read this Disposition Agreement, that it is a public document, and that she agrees to all of its terms and conditions.