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Got a question? Try Ask the MMA What restrictions are different for special municipal employees?
Q: What restrictions are different for special municipal employees?
A: The conflict of interest law (M.G.L. Ch. 268A) covers all municipal officials and employees, whether elected or appointed, paid or unpaid, full-time or part-time, but two sections of the conflict law apply less restrictively to those part-time or unpaid municipal officials who have been designated as “special municipal employees.”
Chapter 268A, Section 17, generally prohibits municipal employees from representing a private party before any municipal boards or departments. It also prohibits municipal employees from acting as agent (or attorney) for a private party in connection with any matter of direct and substantial interest to their city or town. Finally, it prohibits municipal employees from accepting pay or other compensation in connection with any matter of direct and substantial interest to their municipality.
The prohibitions of Section 17 for special municipal employees are less restrictive and only apply to matters that are before their own board or agency or are subject to their official responsibility. For example, a full-time school department employee would be prohibited from representing anyone before any town board or agency; in contrast, a school committee member who qualifies as and is designated a special municipal employee would be able to represent clients before boards other than the school department or any agency that falls under the responsibility of the school department.
Chapter 268A, Section 20, generally prohibits municipal employees from having a direct or indirect financial interest in a contract with their city or town. There are, however, many exemptions in this section, and the prohibitions for special municipal employees are less restrictive. For example, a special municipal employee may have a financial interest in a contract with a department which is completely independent of the one where she works, provided that she files a disclosure of her interest in the contract with the city or town clerk. A special municipal employee may even have a financial interest in a contract with her own department (or with a department that has overlapping jurisdiction with her department), provided that she files a disclosure of her interest in the contract with the city or town clerk and the board of selectmen, board of aldermen, town council or city council vote to grant her an exemption to Section 20.
Answer provided by the State Ethics Commission.
Got a question? Try Ask the MMA What restrictions are different for special municipal employees?
What restrictions are different for special municipal employees?
Q: What restrictions are different for special municipal employees?
A: The conflict of interest law (M.G.L. Ch. 268A) covers all municipal officials and employees, whether elected or appointed, paid or unpaid, full-time or part-time, but two sections of the conflict law apply less restrictively to those part-time or unpaid municipal officials who have been designated as “special municipal employees.”
Chapter 268A, Section 17, generally prohibits municipal employees from representing a private party before any municipal boards or departments. It also prohibits municipal employees from acting as agent (or attorney) for a private party in connection with any matter of direct and substantial interest to their city or town. Finally, it prohibits municipal employees from accepting pay or other compensation in connection with any matter of direct and substantial interest to their municipality.
The prohibitions of Section 17 for special municipal employees are less restrictive and only apply to matters that are before their own board or agency or are subject to their official responsibility. For example, a full-time school department employee would be prohibited from representing anyone before any town board or agency; in contrast, a school committee member who qualifies as and is designated a special municipal employee would be able to represent clients before boards other than the school department or any agency that falls under the responsibility of the school department.
Chapter 268A, Section 20, generally prohibits municipal employees from having a direct or indirect financial interest in a contract with their city or town. There are, however, many exemptions in this section, and the prohibitions for special municipal employees are less restrictive. For example, a special municipal employee may have a financial interest in a contract with a department which is completely independent of the one where she works, provided that she files a disclosure of her interest in the contract with the city or town clerk. A special municipal employee may even have a financial interest in a contract with her own department (or with a department that has overlapping jurisdiction with her department), provided that she files a disclosure of her interest in the contract with the city or town clerk and the board of selectmen, board of aldermen, town council or city council vote to grant her an exemption to Section 20.
Answer provided by the State Ethics Commission.
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