Who is a member?
Our members are the local governments of Massachusetts and their elected and appointed leadership.
The State Ethics Commission has issued a formal advisory opinion that explains how the state’s conflict-of-interest law (Ch. 268A) applies to municipal employees who solicit donations or engage in fundraising on behalf of the municipality where the persons and entities approached for a donation may have business dealings with the municipality or its agencies or employees.
In general, sections 3 and 23(b)(2) of Chapter 268A prohibit public employees from soliciting anything of substantial value from anyone with whom the public employee has official business dealings.
As discussed in the advisory opinion (EC-COI-12), however, a municipal employee may solicit donations to a municipal entity from persons and entities with whom he, or other municipal employees, has or expects to have official dealings, consistent with Chapter 268A, provided that all of the following are true:
1. The solicitation is carried out in accordance with Chapter 44, Section 53A, which authorizes acceptance of gifts by municipal employees on behalf of the municipality, and, by implication, authorizes the solicitation of gifts.
2. The solicitation is not made in circumstances that are inherently coercive because the person or entity solicited may be directly and significantly affected by a pending or anticipated decision of the same municipality.
3. No overt pressure is exerted in connection with any such solicitation.
4. The municipality and its employees apply objective standards in all dealings with persons and entities who are solicited and do not favor those who give or disfavor those who do not.
5. The municipal employee principally responsible for making such solicitations discloses publicly and in writing the names of those solicited, pursuant to Chapter 268A, Section 23(b)(3).
The Ethics Commission issues formal advisory opinions to address issues for which there is no clear commission precedent. The opinions are confidential, but the commission publishes public versions with any identifying information deleted.
Formal advisory opinions can be found on the commission’s website, www.mass.gov/ethics.
Those seeking specific advice about how this advisory opinion applies to their prospective situation are advised to call the commission’s Legal Division at (617) 371-9500.