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Got a question? Try Ask the MMA Who qualifies as a “municipal employee” for the purposes of the new conflict-of-interest law provisions?
Q: Who qualifies as a “municipal employee” for the purposes of the new conflict-of-interest law provisions?
A: The definition of “municipal employee” in the conflict-of-interest law (Ch. 268A, Sect. 1(g)) has been construed to include full- and part-time employees of the city or town, with or without compensation, as well as those who perform services for a municipality on an intermittent basis under a contract for hire or consultant basis. A business entity need not comply, but key employees of the entity (those named in the contract) must comply.
A municipal retirement board’s employees are considered municipal employees for the purposes of the conflict-of-interest law, according to the Ethics Commission. Regional councils of government are considered “municipal agencies” under the law and the council employees, in turn, are considered municipal employees.
The law specifically exempts elected town meeting members and charter commission members.
The Ethics Commission recently announced that its implementation procedures will exempt from the online training requirements certain municipal employees—volunteers and short-term temporary and seasonal workers—“who do not have or exercise governmental authority and who do not participate in, or have responsibility for, government decision-making, contracting, hiring, investigation or any other discretionary governmental action.” These persons will still be required to acknowledge receipt of a summary of the law, however.
The Ethics Commission has found that a municipal employee retains his or her status as such while collecting workers’ compensation benefits.
Got a question? Try Ask the MMA Who qualifies as a “municipal employee” for the purposes of the new conflict-of-interest law provisions?
Who qualifies as a “municipal employee” for the purposes of the new conflict-of-interest law provisions?
Q: Who qualifies as a “municipal employee” for the purposes of the new conflict-of-interest law provisions?
A: The definition of “municipal employee” in the conflict-of-interest law (Ch. 268A, Sect. 1(g)) has been construed to include full- and part-time employees of the city or town, with or without compensation, as well as those who perform services for a municipality on an intermittent basis under a contract for hire or consultant basis. A business entity need not comply, but key employees of the entity (those named in the contract) must comply.
A municipal retirement board’s employees are considered municipal employees for the purposes of the conflict-of-interest law, according to the Ethics Commission. Regional councils of government are considered “municipal agencies” under the law and the council employees, in turn, are considered municipal employees.
The law specifically exempts elected town meeting members and charter commission members.
The Ethics Commission recently announced that its implementation procedures will exempt from the online training requirements certain municipal employees—volunteers and short-term temporary and seasonal workers—“who do not have or exercise governmental authority and who do not participate in, or have responsibility for, government decision-making, contracting, hiring, investigation or any other discretionary governmental action.” These persons will still be required to acknowledge receipt of a summary of the law, however.
The Ethics Commission has found that a municipal employee retains his or her status as such while collecting workers’ compensation benefits.
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