Executive Order  No. 346: Establishing a policy governing the hiring of state employees by state contractors in connection with privatizing initiatives

WHEREAS, many state employees are involved in the process of awarding state contracts to contractors engaged in the privatization of state functions, and in supervising and monitoring the work being performed by those contractors; and

WHEREAS, the privatization of many functions and activities previously performed by the state has been successful in Massachusetts and elsewhere and is important to improving efficiency and accountability in the provision of services to the public; and

WHEREAS, it is necessary to maintain public confidence in the privatization process; and WHEREAS, the Commonwealth's conflict of interest law, General Laws chapter 268A, contains many important restrictions and constraints on the employment of state employees by state contractors, but may not be adequate to satisfy the legitimate concerns of the citizens with regard to the potential for abuse; and

WHEREAS, the Commonwealth's conflict of interest law, General Laws chapter 268A, section 23(e), authorizes and encourages state constitutional officers to establish and enforce additional standards of conduct;

NOW, THEREFORE, I, William F. Weld, Governor of the Commonwealth, by virtue of the authority vested in me as Supreme Executive Magistrate, do hereby issue this Order and policy with regard to contracts for the privatization of services awarded by the Commonwealth's executive offices and their agencies:

I. In the preparation of Requests for Proposals (RFPs) for privatization projects, there shall be specifically included language which puts all bidders on notice of both the conflict of interest law and this order; and includes limitations regarding the hiring of state employees by private companies contracting with the Commonwealth.

II. All contracts for the privatization of services shall contain a specific prohibition against the hiring at any time during the term of the contract, and for any position in the contractor's company, any state management employee who is, was, or will be involved in the preparation of the RFP, the negotiations leading to the awarding of the contract, the decision to award the contract, and/or the supervision or oversight of performance under the contract.

III. The Commissioner of Administration is hereby authorized and directed to take immediate steps to implement this policy, including the amendment of exiting privatization contracts and the inclusion of appropriate restrictions in all prospective privatization contracts.

Given at the Executive Chamber in Boston this 2nd day of December in the year of our Lord one thousand nine hundred and ninety-two.

Argeo Paul Cellucci

Acting Governor

Commonwealth of Massachusetts

Michael Joseph Connolly

Secretary of the Commonwealth