W?7. /\&\.3--> \A°[+~ M PAL N U UMASS/AMHERST 312Qbb DEfll SLbD Ivlunicipal L i icial's RNMENT Guide to '01 0, BSttS Avoid c in 1 of Conferences >\ 5?eries Co-Sponsored by: Conflicts of The Office of Tom Attorney General Reilly, Interest and The Massachusetts and District Attorneys, z J The Commission Other Legal State Ethics Pitfalls The Office ofAttorney General Tom Reilly MA OneAshburton Place • Boston, 02108 • 617.727.2200 . http:Hwww.ago.state.ma.us The Massachusetts District Attorneys Association One Bulfinch Place . Suite 202 • Boston, MA 02114 . 61 7.723.0642 The State Ethics Commission Room 619 • OneAshburton Place • Boston, MA 02108 • 617.727.0060 • http://www.state.ma.us/ethics/ The Commonwealth of Massachusetts Office of the Attorney General One Ashburton Place Boston, Massachusetts 02108-1698 Tom Reilly Attorney General (617)727-2200 January. 2001 Dear Colleague: It is with great pleasure that the District Attorneys ofMassachusetts, the State Ethics Commission, and the Office of Attorney General Tom Reilly have come together to co-sponsor The Municipal Official's Guide to Avoiding Conflicts of Interest and Other Legal Pitfalls. This seminar, which is being hosted in counties throughout the Commonwealth, focuses on important State laws governing the conduct ofmunicipal officials and employees; laws which, if broken, can lead to criminal prosecution or administrative sanctions. Understanding the nature and nuance ofthese laws is critical, not only for the sake ofavoiding liability, but more fundamentally for discharging the duties and obligations ofour public jobs in a manner that promotes the trust and confidence ofour citizens. Together, the District Attorneys, the State Ethics Commission, and the Attorney General are committed to educating public employees about the civil and criminal laws which govern our conduct. We can not do this important work without your help! Please join us in this collaborative effort by passing along what you learn, or reconfirm, to co-workers and those whom you supervise. We hope that the seminar, and the accompanying written materials, will serve as a useful We resource to you and your city or town. very much appreciate your role in supporting this educational initiative. Sincerely, ^^NM.VU&I^ Tom Reilly Peter Sturges Geline \V\lliams Attorney Genera Executive Director Executive)Director Attorney General's Office State Ethics Commission District Attorney's Association o wmh WWl i$yf TffTTTTV W-V-i. A Practical Guide to the Law Conflict of Interest Municipal Employees for ^mmsmm^m^n^m STATE ETHICS COMMISSION MASSACHUSETTS A Guide Practical to the Law Conflict of Interest Employees For Municipal State Ethics Commission Room 619 One Ashburton Place MA Boston, 02108 (617)727-0060 Executive Director Peter Sturges Written for the State Ethics Commission by Lee Regan and Ardith Wieworka r» PublicationNo. 18534 - 120 -300 - 1/01 -4.67-C.R. *w Approved by: PhilmoreAnderson HI, StatePurchasingAgent 6 Table of Contents Preface 1 Law Introduction to the Conflict of Interest 2 Purpose ofthe Law 3 Who the Law Governs 3 Municipal Employees 3 "Special" Municipal Employees 3 Municipal Agencies 4 Regional "Municipal" Organizations 4 How the Conflict of Interest Law Affects Municipal Employees 5 Restrictions -On The Job" 6 Bribes 6 Gifts 6 Restrictions on Official Actions 7 Acting on Private Financial Interests 7 Acting on Competitors' Financial Interests 8 Acting on MattersAffecting Family (nepotism) 9 1. Voting on familymembers'salaries 9 2. Appearances offavoritism 10 Exemptions 10 Using the Rule of Necessity 12 Misuse of Official Position 13 Unwarranted privileges 13 "Appearances" of conflict 13 Inherently incompatible activities 14 Use of confidential information 14 Prohibited Appointments of Board Members 15 Demanding Undated Resignations Prohibited 15 Restrictions on Partners of Municipal Employees 15 Restrictions "After Hours" 16 Prohibited Municipal Contracts & Multiple Jobs 16 Application toemployees& officials 16 Applicationto spouses 1 Exemptions 17 Limits on Private Activities 19 Application to Municipal Employees 19 Applicationto "Special" Municipal Employees .20 Exemptions 21 Restrictions After Leaving Government Service 22 Misuse of Government Connections 22 Application to Former Municipal Employees 22 ForeverBan 22 1. 2. One Year "Appearance" Ban 22 Application to Partners offormer municipal employees 23 Applicationto Former Town Counsel 23 Appendix .24 How to Obtain Legal Advice 25 Investigations 25 How to File a Complaint 25 Investigation Procedures 25 Penalties 26 Statute of Limitations 26 Public Education 27 Other Commissions or Agencies which oversee Ethical Conduct 28 Glossary 30 Preface This Guide provides general guidance to The conflict law may be amended from time town and city officials and employees on how to time by the state Legislature; be sure to to comply with the conflict of interest law. It consult the current version of the law or call is not meant to serve as formal advice or as the Commission's Legal Division at (617) a substitute for legal counsel. 727-0060 for advice concerning the most recent application of the law. If after reading this booklet you have questions about particular situations, you may request an advisory opinion from either the Ethics Commission or your town or city lawyer. The Ethics Commission urges municipal employees to take advantage of this opinion process. (See page 25 for information on how to obtain an advisory opinion.)