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  • State Ethics Commission

County Employee (G.L. c. 268A, § 13) Legal Opinions

Formal legal opinions by the State Ethics Commission about county employees participating in matters in which they, their family members, or a business organization they are affiliated with has a financial interest
  • EC-COI-84-35

    A state university employee who is also the chair of the board of selectmen may also serve as an elected county commissioner subject to the provisions of §§ 11 and 13 of the conflict of interest law.  If elected as a county commissioner, he would be required to resign his board of selectmen appointment to a county advisory board.  As a state employee, he is subject to the provisions of §§ 4 and 6 of the conflict of interest law.  Finally, as a state, county and municipal employee, he is subject to § 23 of the conflict of interest law.

  • EC-COI-84-38

    The part-time executive director of a regional housing authority, a special county employee, who is an attorney is advised that §§ 11 and 23(c) of the conflict of interest law restrict his ability to represent a municipality in a claim against the regional housing authority as well as representing a municipality or property owner in matters in which the county agency has a direct and substantial interest and in which he participated, or which is or within one year was within his official responsibility or which is pending in the county agency.  The county employee is also advised on the application of §§ 13, 14 and 23(b)(2) and (b)(3) on his ability to provide legal services outside of his county employment.

  • EC-COI-85-60

    A county commissioner may also accept a marketing position with a management consulting firm. He is prohibited from soliciting county business on behalf of the firm, from acting as county commissioner in any matter in which the firm has a financial interest and from being paid by the firm with funds derived from any county contracts it may have.

  • EC-COI-85-62

    A county board member may participate in a development proposal affecting a business the board member does business with provided that he complies with sections 23 and 13.

  • EC-COI-87-19

    The administrator of a county hospital is a county employee.

  • EC-COI-89-10

    A county commissioner may also represent clients in real estate and health care issues before municipal, state and federal agencies, inasmuch as these matters are not of direct and substantial interest to the county.

  • EC-COI-92-18

    An elected County Retirement Board member may remain a Board member and continue private employment with an investment firm if he complies with the provisions of sections 11, 12, 13 and 23.

  • EC-COI-07-2

    Based on the Commission's reconsideration of the meaning of the term business organization in G. L. c. 268A, sections 6, 13 and 19, neither the common and ordinary meaning of business organization nor the legislative history and intent of the statute require or support the inclusion of charitable, non-profit organizations that do not substantially engage in business activities within the scope of the term. Accordingly, the Commission will not treat charitable, non-profit organizations that do not substantially engage in business activities as business organizations for conflict of interest law purposes.

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