The Office of the Inspector General has developed the attached Code of Conduct as a supplement to M.G.L. c.268A, the conflict of interest law. The Code sets standards of conduct for public employees engaged in official business relationships. We recommend that local jurisdictions adopt the Code to preserve the integrity of business relationships and to maintain the highest level of public confidence in the impartial operation of government.
INTRODUCTION
The Massachusetts conflict of interest law, Chapter 268A of the Massachusetts General Laws, prohibits public employees from soliciting or accepting gratuities of substantial value for or because of their official duties. The law covers all state, county, and municipal employees, as well as employees of independent state authorities, districts, and commissions. The State Ethics Commission, which enforces the conflict of interest law, is authorized to impose civil fines of up to $2,000 for each violation of the law and to recover damages. The law also carries criminal penalties, including fines and terms of imprisonment.
The conflict of interest law encourages public agencies to establish and enforce standards of conduct. This Code of Conduct is designed to supplement the conflict of interest law by setting standards of conduct for all employees with respect to relationships with individuals and entities with whom the public sector conducts official business. The purpose of this Code is to preserve the integrity of these relationships and to maintain the highest level of public confidence in the impartial operation of government.
This Code prohibits certain activities that could result in a conflict of interest or create the appearance of a conflict of interest. Exceptions to the Code's prohibitions are limited to specific circumstances in which an overriding public interest is served by the exception or in which the relationship in question is primarily personal.
The Massachusetts Office of the Inspector General has developed this Code for use by public agencies throughout the Commonwealth. Five major areas are addressed by this Code: gifts and gratuities, reimbursement of travel expenses, honoraria, testimonial and retirement functions, and groundbreaking and dedication ceremonies. This Code is not all-inclusive. It does not regulate every conceivable situation in which a public employee may be offered gifts or other items of monetary value. It does not address other activities prohibited by the conflict of interest law, such as bribery, participation in official matters affecting one's financial interests or those of one's family or business, and misuse of one's official position. For information or advice on matters not covered by this Code, guidance may be sought from local counsel and from the State Ethics Commission. As used in this Code, "we" and "our" refer to the agency adopting this Code; "you" refers to the agency's employees or members.
revised 8/98
I. GIFTS AND GRATUITIES
A. General Restrictions
You may not solicit or accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan, or other item of monetary value from a person, public agency, or private entity you know or have reason to know:
Example: You may not accept a restaurant lunch from a consultant employed by a firm under contract to us.
Example: You may not accept a Christmas gift from a vendor seeking business with us.
Example: You may not accept a ticket to a sporting event from an individual whose business we regulate.
B. Exceptions
Example: You may accept a modest meal served in a restaurant function room in conjunction with an informational, widely attended meeting hosted by a professional association.
Example: You may not accept food and beverages at a hospitality suite hosted by one or more private firms.
Example: You may accept an unsolicited, inexpensive promotional pen or calendar.
Example: You may not accept a leather portfolio.
II. REIMBURSEMENT OF TRAVEL EXPENSES
A. General Restrictions
You may not accept reimbursement for travel expenses from a person or entity who falls within the scope of Section IA, above.
B. Exceptions
III. HONORARIA
A. General Restrictions
You may not accept honoraria or other monetary compensation from an outside source in return for a public appearance, speech, lecture, publication, or discussion unless all of the following conditions are met:
Example: You may accept an honorarium for a magazine article prepared outside working hours.
Example: You may not accept an honorarium for delivering a speech in your official capacity.
B. Exceptions
Example: You may accept a framed certificate of appreciation.
Example: You may not accept an engraved pewter bowl.
IV. TESTIMONIAL AND RETIREMENT FUNCTIONS
A. General Restrictions*
*[Note: M.G.L. c.268, §9A prohibits anyone from selling, offering for sale, or accepting payment for tickets to, or soliciting or accepting contributions for, testimonial dinners or functions held on behalf of anyone employed by a law enforcement, regulatory, or investigatory agency of the Commonwealth or any political subdivision of the Commonwealth. The law carries a maximum fine of $500.]
Example: You may not offer or sell tickets to a testimonial dinner to contractors doing business with us if the ticket price includes a contribution toward a gift.
Example: You may not accept a free admission to a retirement luncheon if the cost of your admission is paid, directly or indirectly, by one or more contractors doing business with us.
Example: You may not accept a retirement gift if the gift was paid for with the proceeds of tickets purchased by contractors doing business with us.
B. Exceptions
None.
V. GROUNDBREAKING AND DEDICATION CEREMONIES
A. General Restrictions
B. Exceptions
None.
ŠOffice of the Inspector General, Commonwealth of Massachusetts. All rights reserved.
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