FAQ

The Official Website of the Massachusetts State Ethics Commission

A. Generally, a conflict of interest arises when a public official's private interests could conflict with his public obligations.

A. A public employee is a person performing services for or holding an office, position, employment or membership in a state, county or municipal agency, whether by election, appointment, contract of hire or engagement, whether serving with or without compensation, on a full, regular, part-time, intermittent, or consultant basis. Elected members of a town meeting and members of a charter commission are not public employees for purposes of the conflict law.

Q3. Are consultants hired by the Commonwealth, a county government, or a municipality, public employees subject to the conflict of interest law?

A. Generally, an individual who is hired as a consultant by a state, county, or municipal agency is subject to the conflict of interest law as a public employee. When a governmental agency contracts with a company or firm, the Ethics Commission will consider several factors to determine whether any of the individuals in the company who are providing services to the governmental agency, under the company's contract, should be deemed public employees.

A. The Commission's Legal Division provides free, confidential legal advice to public officials and employees and members of the general public. Advice may also be sought from your town counsel, city solicitor or agency counsel. To reach the Commission call (617) 371-9500 or (888) 485-4766.

A. You should seek advice about only your own conduct as soon as you recognize a potential conflict of interest that might occur in the future. The Legal Division generally may not provide advice to people who are seeking information about the conduct of others. However, the Legal Division will speak to an individual's authorized representative, such as her attorney. In addition the Legal Division may not provide advice about speculative circumstances and the Division may not provide advice about conduct that has already occurred.

A. In most cases, phone requests for advice are returned the day the call is received. The attorney of the day can usually provide accurate and concise advice with the return phone call. Occasionally, the attorney may need additional time to gather all the relevant facts but the caller, with the returned call, will receive sufficient advice to avoid potential conflicts until the attorney can reach the caller again with the precise advice needed.

A. There is no specific form. You can file a complaint over the phone by speaking to the investigator of the day at (617) 371-9500 or (888) 485-4766; or put the facts in a letter sent by mail or fax to (617) 723-5851. The Commission does not accept complaints through e-mail.

A. The Enforcement Division reviews each complaint received. If the complaint is within the Commission's jurisdiction, an initial "screening" is done to determine if the facts warrant a formal investigation. The screening is an informal fact-gathering stage. Many enforcement cases end confidentially at the conclusion of the screening with a private educational letter sent to the subject of the investigation. In these cases, no formal charge of a violation is brought and the matter remains confidential. If the staff determines a case should be formally investigated, authorization is sought from the Commissioners to conduct a Preliminary Inquiry, a formal investigation.

Q10. Following a Preliminary Inquiry, what are the resolutions of a complaint?

A. The resolution varies with every case. If a violation has occurred, it may result in a private letter to the subject or a public disposition and a civil penalty. If the Commission finds "no reasonable cause" to believe the law has been violated, the case is closed and records and proceedings of the investigation remain confidential.

A. No, by law the Commission's investigation and any related documents are confidential and are not public records.