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Municipal Government Conflict-of-interest law changes to take effect
Conflict-of-interest law provisions contained in the recently passed ethics reform act are due to take effect on Sept. 29.
The new provisions include a requirement that all municipal officials participate in training on the conflict-of-interest law (Ch. 268A).
The State Ethics Commission has communicated directly with all cities and towns to provide information regarding the changes and the responsibilities of local governments. [See letter to communities]
A new section (27) of the conflict-of-interest law requires the Ethics Commission to publish a summary of the law on its Web site (www.mass.gov/ethics). Each city and town clerk will be required to provide a copy to all municipal employees “within 30 days of becoming such an employee, and on an annual basis thereafter.” Each current municipal employee must sign a written acknowledgement that he or she has been provided with such a summary. All acknowledgements must be filed with the city or town clerk. The Ethics Commission advises municipal clerks to provide summaries to all employees by Dec. 28.
The ethics reform law (Chapter 28 of the Acts of 2009) added a new section to the conflict-of-interest law (now Sect. 28 of Ch. 268A) requiring the Ethics Commission to prepare and publish on its Web site two online training programs: one providing an introduction to the requirements of the conflict-of-interest law, and another providing information on the conflict-of-interest law for former public employees.
All municipal employees will be required to complete online training every two years. For new employees such training must be completed within 30 days of hiring. For current employees, the Ethics Commission suggests that municipal officials complete the online training by Dec. 28, using the program available on its Web site.
The online training program may be conducted at any computer terminal, including at home, and should take no longer than one hour to complete, according to the Ethics Commission.
The MMA has voiced serious concerns regarding the financial implications of this new requirement and has contacted the state auditor’s office requesting an analysis and determination as to whether the legislation imposes an unfunded mandate on cities and towns, which is prohibited by state law.
Another new section of the conflict-of-interest law (Sect. 29) requires each city and town to designate a “senior level employee of the municipality” who will serve as its liaison to the Ethics Commission. The liaison is to be named by Jan. 27, 2010.
Other key changes made by the ethics reform law include the following:
• Criminal penalties for bribery have been increased: up to a $100,000 fine, or imprisonment in state prison for up to 10 years or in jail or a house of correction for up to 2½ years, or both.
• Civil penalties for bribery increase from $2,000 to $25,000. Civil penalties for all other ethics violations increase from $2,000 per violation to $10,000 per violation.
• The law specifies that public employees may not present false or fraudulent claims to their employers for any payment or benefit of substantial value.
• A public employee may not fraudulently cause another to solicit or receive anything of substantial value for an officer or employee for the officer or employee’s official position; or use or attempt to use his or her official position to obtain for another unwarranted privileges or exemptions of substantial value; or present a false or fraudulent claim to his or her employer for any payment of substantial value.
For more information on all of these new provisions, contact David Giannotti at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or (617) 371-9505.
• Summary of key provisions of the Ethics Reform Act
• State Ethics Commission letter to communities regarding new conflict-of-interest law requirements
• MMA letter to state auditor requesting unfunded mandate ruling on ethics reform law
Municipal Government Conflict-of-interest law changes to take effect
Conflict-of-interest law changes to take effect
Conflict-of-interest law provisions contained in the recently passed ethics reform act are due to take effect on Sept. 29.
The new provisions include a requirement that all municipal officials participate in training on the conflict-of-interest law (Ch. 268A).
The State Ethics Commission has communicated directly with all cities and towns to provide information regarding the changes and the responsibilities of local governments. [See letter to communities]
A new section (27) of the conflict-of-interest law requires the Ethics Commission to publish a summary of the law on its Web site (www.mass.gov/ethics). Each city and town clerk will be required to provide a copy to all municipal employees “within 30 days of becoming such an employee, and on an annual basis thereafter.” Each current municipal employee must sign a written acknowledgement that he or she has been provided with such a summary. All acknowledgements must be filed with the city or town clerk. The Ethics Commission advises municipal clerks to provide summaries to all employees by Dec. 28.
The ethics reform law (Chapter 28 of the Acts of 2009) added a new section to the conflict-of-interest law (now Sect. 28 of Ch. 268A) requiring the Ethics Commission to prepare and publish on its Web site two online training programs: one providing an introduction to the requirements of the conflict-of-interest law, and another providing information on the conflict-of-interest law for former public employees.
All municipal employees will be required to complete online training every two years. For new employees such training must be completed within 30 days of hiring. For current employees, the Ethics Commission suggests that municipal officials complete the online training by Dec. 28, using the program available on its Web site.
The online training program may be conducted at any computer terminal, including at home, and should take no longer than one hour to complete, according to the Ethics Commission.
The MMA has voiced serious concerns regarding the financial implications of this new requirement and has contacted the state auditor’s office requesting an analysis and determination as to whether the legislation imposes an unfunded mandate on cities and towns, which is prohibited by state law.
Another new section of the conflict-of-interest law (Sect. 29) requires each city and town to designate a “senior level employee of the municipality” who will serve as its liaison to the Ethics Commission. The liaison is to be named by Jan. 27, 2010.
Other key changes made by the ethics reform law include the following:
• Criminal penalties for bribery have been increased: up to a $100,000 fine, or imprisonment in state prison for up to 10 years or in jail or a house of correction for up to 2½ years, or both.
• Civil penalties for bribery increase from $2,000 to $25,000. Civil penalties for all other ethics violations increase from $2,000 per violation to $10,000 per violation.
• The law specifies that public employees may not present false or fraudulent claims to their employers for any payment or benefit of substantial value.
• A public employee may not fraudulently cause another to solicit or receive anything of substantial value for an officer or employee for the officer or employee’s official position; or use or attempt to use his or her official position to obtain for another unwarranted privileges or exemptions of substantial value; or present a false or fraudulent claim to his or her employer for any payment of substantial value.
For more information on all of these new provisions, contact David Giannotti at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or (617) 371-9505.
• Summary of key provisions of the Ethics Reform Act
• State Ethics Commission letter to communities regarding new conflict-of-interest law requirements
• MMA letter to state auditor requesting unfunded mandate ruling on ethics reform law
