What is the 'special municipal employee' designation?
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May 29, 2007
A: State law gives broad discretion to municipalities to determine which positions should be designated as special municipal employees. The Massachusetts State Ethics Commission advises municipalities to carefully consider this decision, which balances the municipality’s interest in obtaining the expertise needed for its boards, commissions and other part-time or unpaid positions with the lesser restrictions that apply to special municipal employees.
“Special municipal employee” status can be assigned to certain municipal positions by a vote of the board of selectmen, board of aldermen, town council or city council. The designation may be made by a formal vote at any time. Votes should be taken individually for each board or position being designated—expressly naming the positions being designated. Once a position is designated as having “special” status, it remains a “special municipal employee” position unless and until the classification is rescinded.
A position is eligible to be designated as a “special municipal employee” position provided that the municipal employee:
• Is not paid; or
• Holds a part-time position that allows him or her to work at another job during normal working hours; or
• Was not paid by the city or town for more than 800 working hours (approximately twenty weeks full-time) during the preceding 365 days.
It is the municipal position that is designated as having “special” status, not the person holding the position. Therefore, all employees holding the same office or position must have the same classification as “special municipal employees.” For instance, one member of a school committee cannot be classified as a “special” unless all members are similarly classified.
Under no circumstances may a mayor, city councilor, town councilor, alderman, or selectman in a town with a population of more than 10,000 be designated as a “special.” In towns of 10,000 or less, however, selectmen are automatically considered “special” employees.
The Legislature may also designate certain positions to have “special municipal employee” status. For example, board members and certain part-time employees of local housing and redevelopment authorities are defined by law as “special municipal employees” and do not need to have local authorities approve their designation as “specials” (see M.G.L. Ch. 121B, Sect. 7).
A list of all “special municipal employee” positions in a municipality should be on file at the town or city clerk’s office. This list should also be filed with the Ethics Commission.
Answer provided by the State Ethics Commission.
