Settlement Agreement

HAWAII STATE ETHICS COMMISSION State of Hawaii 0 Bishop Square, 1001 Bishop Street, ASB Tower 970 Honolulu, Hawaii 96813 RELATING TO AN INVESTIGATION AGAINST CORRIN SUZANNE MULCAHY, ASSISTANT SUPERINTENDENT, DEPARTMENT OF EDUCATION 6-00535) SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT (this ?Agreement?), is entered into by and between Corrin Suzanne Mulcahy (?Respondent?) and the Hawaii State Ethics Commission (?Commission?). The Commission and Respondent are collectively referred to as the ?Parties.? 1. Admitted Facts. Respondent admits that the following facts are true and correct: a) b) d) Respondent, at all times relevant herein, was employed by the Department of Education as the Assistant Superintendent of the Of?ce of Curriculum, Instruction, and Student Support Respondent, at all times relevant herein, was a state employee as defined in Hawaii Revised Statutes 84-3. As a state employee, Respondent is required to comply with the State Ethics Code. Respondent, at all times relevant herein, was pursuing a doctorate in education at the University of Hawaii at Manoa. Her dissertation topic concerned homeless children in the DOE and the implementation of the McKinney-Vento Homeless Assistance Act in Hawaii public schools. . According to policy and practice, all educational research and data requests involving the use of DOE students, personnel, or DOE data must be reviewed and approved by the Data Governance and Analysis Branch Whenever such information is used for external purposes. As the Assistant Superintendent of OCISS, Respondent used DOE personnel and other departmental resources to conduct research for her dissertation without obtaining approval from Internal Review Board. Respondent used DOE staff to design and conduct an on-line survey of homeless community liaisons with the Homeless Concerns Of?ce (which falls under OCISS and Respondent?s management authority), and interviewed multiple DOE staff. g) a) b) d) Respondent then used this and other con?dential and/or non?public information in her dissertation without obtaining DGA approval or the written consent of the participants. . Agreement. In light of the above admitted facts, the Parties hereby agree as follows: Respondent admits that her actions as described in Section 1 (the ?Settled Claims?) could constitute violations of the State Ethics Code, HRS Chapter 84; speci?cally the Fair Treatment Law (HRS 84?13) and the Con?dentiality Law (HRS 84-12). Respondent acknowledges that if this investigation proceeded to a contested case hearing, her actions could be punishable by an administrative penalty of $500.00 for each violation of the State Ethics Code. To avoid further proceedings, including a contested case hearing before the Commission, Respondent agrees: (1) to the Commission?s publication of a ?Resolution of Investigation? document describing the Settled Claims and the resolution of those claims, and (2) to pay an administrative penalty of $1,500 to the State of Hawaii. Payment of the administrative penalty to the State of Hawaii shall bemade no later than ?ve business days after the Parties execute this agreement. Payments shall be made by check payable to the ?State of Hawaii? and submitted to the Hawaii State Ethics Commission, 1001 Bishop St., Suite 970, Honolulu, Hawaii, 96813. A Resolution of Investigation, attached hereto as Exhibit A (?Resolution of Investigation?), will be published after the Parties? execution of this Agreement. Respondent has had an opportunity to review and comment on the Resolution of Investigation and: (1) approves the content of the Resolution of Investigation; (2) acknowledges that the Resolution of Investigation is potentially subject to further revision or action by the Commission; and (3) agrees that she has no editorial control over the contents or time of publication of that document now or anytime in the future. In consideration of Respondent?s agreement hereto, the Commission will terminate the proceeding against Respondent regarding the Settled Claims. Should Respondent fail to comply with the terms of this Agreement, the Commission reserves the right, at its discretion, to re?open proceedings regarding the Settled Claims or refer this matter to the Department of the Attorney General for collection proceedings for the unpaid amounts due and owing to the State of Hawaii under this Agreement. Respondent further acknowledges that the Resolution of Investigation and this Agreement shall be public documents. 3. Bar of Claims. Acceptance of the consideration stated above and execution of this Agreement is a complete and ?nal bar to any appeal, claims, or further proceedings by Respondent against the Commission or its staff regarding the Settled Claims. Respondent waives her right to a contested case hearing or any further proceedings regarding the Settled Claims. Respondent acknowledges that only those claims described in Section 1, actionable by the Commission pursuant to the Ethics Code, HRS chapter 84, are resolved by way of this Agreement. 4. Representation of Comprehension of Document. The Parties represent that they have entered into this Agreement with full knowledge of the facts. The Parties execute and deliver this Agreement having completely read its provisions, terms and agreements, and being fully informed as to its contents and effect. Each Party fully understands and voluntarily accepts this Agreement Without any coercion or duress. The Parties declare, covenant and warrant that they are over the age of eighteen (18) years, that they are not suffering from any legal, mental or physical disability which would impair or disable them from executing this Agreement, and that they have the authority to enter into this Agreement. This Agreement shall be construed as if it was drafted by the Parties jointly, and shall not be construed against any party regardless of which party drafted any provision hereof. 5. Execution in Counterparts. The Parties may sign this Agreement using one or more counterparts. The several executed copies together will be considered an original and will be binding on the Parties. One or more of the counterparts may be a faxed or digital copy, which shall constitute an original of this Agreement. This Agreement is effective upon approval by the Respondent and three or more Commissioners. 6. Entire Agreement. This Agreement, including exhibits, constitutes the entire agreement between the Parties concerning the resolution of the Settled Claims; supersedes all prior oral or written agreements or understandings between the Parties regarding that subject matter; and may not be modi?ed except by written agreement of the Parties. Signatures on Next Page I HAVE READ THE FOREGOING AGREEMENT, I FULLY UNDERSTAND IT, AND I AGREE TO ALL ITS TERMS. Dated JAN 1 8 2013 Disagreed Reynaldo D. Graulty, Chair Hawaii State Ethics Commission Dated JAN 182018 92m :3 Ruth D. Tschumy, Vice Chair Hawaii State Ethics Commission Dated JAN 182018 David O?Neal, Commissioner Hawaii State Ethics Commission Dated JAN182018 WM. Maw {Susan N. DeGuzman, (imimissioner Hawaii State Ethics Commission Dated JAN 182018 WWQJI hawk, Melinda S. Wood, Commissioner Hawaii State Ethics Commission Dated Corrin Suzanne Mulcahy Respondent I HAVE READ THE FOREGOING AGREEMENT, I FULLY UNDERSTAND IT, AND I AGREE TO ALL ITS TERMS. Dated Reynaldo D. Graulty, Chair Hawaii State Ethics Commission Dated David O?Neal, Vice Chair Hawaii State Ethics Commission Dated Susan N. DeGuzman, Commissioner Hawaii State Ethics Commission Dated Ruth D. Tschumy, Commissioner Hawaii State Ethics Commission Dated Melinda S. Wood, Commissioner Hawaii State Ethics Commission Dated again! QWK Corrin Suzanne Mulcahy Respondent