Settlement  In the Matter of Christine Shane

Date:	05/05/1983
Organization:	State Ethics Commission
Docket Number:	205

Disposition Agreement

Page 150 

This disposition agreement ("agreement") is entered into between the State Ethics Commission ("Commission") and Christine Shane ("Ms. Shane") pursuant to Section 11 of the Commission's Enforcement Procedures. The parties agree that this agreement constitutes a consented to final Commission order enforceable In the Superior Court pursuant to G.L. c. 268A, s.4(d). 

On March 22, 1983, the Commission initiated a preliminary inquiry, pursuant to G.L. c. 2688, s.4(a), into possible violations of the Conflicts-Interest Law, G.L. c. 268A, involving Ms. Shane, director of the Office of Staff Training Manpower Planning and Development. The Commission has concluded that preliminary inquiry and, on March 22, 1983, found reasonable cause to believe that Ms. Shane violated s.23(d).  

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

1. Ms. Shane is, and has been since June, 1982, director of the Office of Training Manpower Planning and Development for the Department of Mental Health (DMH). As director, she is a state employee as defined in s.1(q) of G.L. c. 268A. 

2. In October, 1982, Ms. Shane was asked by a representative from Georgia's Department of Mental Health (GDMH) to participate in a week-long workshop in Atlanta. She filled out a travel approval sheet which was required to be completed because she was going to attend on state time and submitted it to her supervisor, William Jones ("Mr. Jones"). On this form Ms. Shane stated that the purpose of the trip was "to participate in a workshop on program evaluation and staff training for human service workers." She also wrote that "expertise will be gained, in staff training, especially, workshop format, design, implementation in quantitative analysis." Mr. Jones approved this request. 

3. Ms. Shane went to Georgia and participated in the workshop on state time. She was invited to participate not because of her state position but because of other skills she possessed. 

4. Three months after the workshop, Shane received a $1,500 honorarium for her involvement in it. 

5. Section 23(d) of G.L. c. 268A prohibits a state employee from using her official position to secure unwarranted privileges for herself. 

6. By accepting the honorarium for participating in this workshop on state time, Ms. Shane violated G.L. c. 268A, s.23(d). 

In view of the foregoing violation of G.L. c. 268A, s.23(d), 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 she following terms and conditions agreed to by Ms. Shane:  

1. That she pay to the Commission the sum of $500.00 as a civil penalty for violating G.L. c. 268A, s.23(d); 

2. that she pay to the Commission the sum of $1,000.00 as restitution for the money she received for participating in the Georgia workshop;[*] 

3. that she in the future refrain from engaging in private employment on state time. 

4. that she waive all rights to contest the findings of fact, conclusions of law and terms and conditions contained in this agreement or any related administrative or judicial proceeding to which the Commission is a party.

* The reason that only 1,000 of the $1,300 honorarium is being paid as restitution is because the Commission determined that one third if her activities for GDNH were performed on her private time.