Settlement  Disposition Agreement in the Matter of Stephanie Viens

Date:	09/25/2019
Organization:	State Ethics Commission
Docket Number:	19-0009

Introduction

The State Ethics Commission (“Commission”) and Stephanie Viens (“Viens”) 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 June 28, 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 June 20, 2019, the Commission concluded its inquiry and found reasonable cause to believe that Viens violated G.L. c. 268A, §§ 3(b), 17(a) and 19.

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

Findings of Fact

1.            Viens, a resident of Ware, Massachusetts, was during the relevant time a South Hadley High School History teacher and separately served as the South Hadley High School Cultural Diversity/Cultural Exchange Club (“Culture Club”) Advisor, an unpaid position. 

2.            South Hadley High School is part of the South Hadley Public Schools District.

3.            As Culture Club Advisor, Viens’ duties included organizing overseas school trips for South Hadley High School students by recruiting trip attendees and chaperones.

4.            EF Tours is a company that provides educational tours geared towards high school and college students. 

5.            EF Tours has a rewards program, which includes stipends and travel points based, in part, on the number of paying trip participants. Rewards recipients may use the travel points towards goods and future trips. EF Tours automatically enrolls group leaders into the rewards program, but group leaders may opt out.

6.            Beginning in 2007, Viens organized overseas school trips for the Culture Club through EF Tours by recruiting students, parents and chaperones for the trips. Viens was a group leader for the purposes of the EF Tours rewards program. Viens did not opt out of the rewards program.

7.            From 2007 through 2017, EF Tours awarded Viens travel points and stipends of $600-$2,000 per school trip based, in part, on the number of paying trip participants.

8.            As of 2013, Viens had organized four EF Tours Culture Club school trips to Europe as Culture Club Advisor.

9.            On or about October 9, 2013, the South Hadley Public Schools Business Administrator sent an email to Viens regarding, in part, conflict of interest concerns related to the acceptance of payments from EF Tours and other tour companies for organizing school trips. The Business Administrator asked Viens to confirm that no one received money from EF Tours.

10.          Viens did not respond to the Business Administrator. Instead, she organized two additional Culture Club school trips through EF Tours and received additional stipends and travel points under the EF Tours rewards program.

11.          From 2013 through 2017, Viens received $5,530 in stipends and 4,516 travel points from EF Tours for organizing school trips to Europe through the Culture Club as the club’s advisor, including recruiting students, parents and chaperones for the trip. During that same period, Viens redeemed the travel points for airline tickets and a European vacation.

12.          Viens did not disclose to her appointing authority, the South Hadley High School principal, that she was receiving travel points and stipends from EF Tours. 

Conclusions of Law

Unlawful Gifts - § 3(b)

13.          General Laws Chapter 268A, § 3(b) prohibits a municipal employee from knowingly, otherwise than as provided by law for the proper discharge of official duty, directly or indirectly, asking demanding, exacting, soliciting, seeking, accepting, receiving or agreeing to receive anything of substantial value: (i) for himself for or because of any official act or act within his official responsibility performed or to be performed by him; or (ii) to influence, or attempt to influence, him in an official act taken.

14.          As Culture Club Advisor, Viens was a municipal employee as that term is defined in G.L. c. 268A, § 1(g). 

15.          Viens knowingly accepted for herself the reward of travel points and stipends from EF Tours for organizing and recruiting students, parents and chaperones to participate in overseas school trips, which were among her official acts and responsibilities as Culture Club Advisor.

16.          The stipends and travel points were of substantial value because they were worth at $50 or more.

17.          Viens’ receipt of travel points and stipends was not as provided by law for the proper discharge Viens’ official duties as Culture Club Advisor. No law permitted Viens to receive stipends and travel points from EF Tours for the performance of her duties as Culture Club Advisor.

18.          Therefore, Viens violated § 3(b) by knowingly, otherwise than as provided by law for the proper discharge of her duties as the Culture Club Advisor, accepting stipends and travel points from EF Tours for or because of her official acts and acts within her official responsibility as Culture Club Advisor in organizing overseas school trips though the Culture Club, including recruiting students, parents and chaperones.

Divided Loyalty - § 17(a)

19.          Section 17(a) of G.L. c. 268A prohibits a municipal employee from, otherwise as provided by law for the proper discharge of official duties, directly or indirectly receiving compensation¹  from anyone other than the municipality in relation to a particular matter²  in which the municipality is a party or has a direct and substantial interest.

20.          Viens’ decisions to organize the Culture Club’s overseas school trips with EF Tours, including decisions relating to the recruitment of students, parents and chaperones for those trips, were particular matters.

21.          The South Hadley School District had a direct and substantial interest in the organization of the school trips because the trips were sponsored by the South Hadley High School through the Culture Club and were taken by district students.

22.          EF Tours compensated Viens for recruiting students for the school trips by awarding her with travel points and stipends.

23.          Viens’ receipt of travel points and stipends from EF Tours was not as provided by law for the proper discharge Viens’ official duties as the Culture Club Advisor.

24.           Therefore, by, otherwise than as provided by law for the proper discharge of official duties, receiving compensation from EF Tours in relation her decisions as Culture Club Advisor in organizing the overseas school trips, including decisions relating to her recruitment of students, parents and chaperones, Viens violated § 17(a).

Self-Dealing - § 19

25.          Except as otherwise permitted³,  § 19 of G.L. c. 268A prohibits a municipal employee from participating⁴  as such an employee in a particular matter in which, to his knowledge, he or an immediate family member⁵  has a financial interest⁶.

26.          The decisions to organize Culture Club school trips, including decisions to arrange the trips through EF Tours and decisions relating to the recruitment of students, parents and chaperones for those trips, were particular matters.

27.          Viens participated in those particular matters as Culture Club Advisor by deciding to arrange and arranging the oversees school trips through EF tours and by deciding to recruit and recruiting students, parents and parents for the school trips.

28.          Viens knew she would receive travel points and stipends from EF Tours based, in part, on the number of paying Culture Club school trip participants she recruited.

29.          Therefore, by, as the Culture Club Advisor, arranging oversees school trips through EF Tours and recruiting students, parents and chaperones for those school trips, while knowing she would receive travel points and stipends from EF Tours based, in part, on the number of paying trip participants she recruited, Viens violated § 19.

 

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

(1)          that Viens pay to the Commonwealth of Massachusetts, with such payment to be delivered to the Commission, the sum of $7,000 as a civil penalty for violating G.L. c. 268A, §§ 3(b), 17(a) and 19; and 

(2)          that Viens 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, Viens acknowledges that she has personally read this Disposition Agreement, that it is a public document, and that she agrees to all terms and conditions therein.

 

^[1] “Compensation” means any money, thing of value or economic benefit conferred on or received by any person in return for services rendered or to be rendered by himself or another. G.L. 268A, § 1(a).

^[2] “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).

^[3] No exemption applies.

^[4] “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).

^[5] “Immediate family” means the employee and his spouse, and their parents, children, brothers and sisters.  G.L. c. 268A, § 1(e).

^[6] “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.