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MCSW Did Not Ensure That All Commissioners Had Completed the Required Conflict of Interest Law Training.

The audit found MCSW could not substantiate that 9 of the 30 commissioners completed the required Conflict of Interest Law training.

Table of Contents

Overview

MCSW could not provide any Certificates of Completion of Conflict of Interest Law Training for 9 of the 30 commissioners who were required to complete the training and provide notification (in the form of such certificates) to MCSW during our audit period. An additional 8 commissioners had emailed MCSW to say they had completed the training, but MCSW could not produce the actual Certificates of Completion of Conflict of Interest Law Training. Without completing the training, commissioners could inadvertently commit ethical violations.

These certificates would have substantiated that the commissioners had completed the training within 30 days of appointment and every two years thereafter. The training describes certain types of activities that are prohibited for public employees and covers topics such as gifts, outside employment, business ownership interests, volunteering, and political activities.

During the audit, we brought this matter to the attention of MCSW officials, and the 6 of the 9 commissioners in question who were still active completed the training and submitted certificates to MCSW.

Authoritative Guidance

Section 28 of Chapter 268A of the General Laws states,

Every state, county, and municipal employee shall, within 30 days after becoming such an employee, and every 2 years thereafter, complete the online training program.

Reasons for Issue

The informal procedures that MCSW had established to ensure that all commissioners had completed the required Conflict of Interest Law training were deficient; although MCSW collected and retained certificates from some commissioners, it did not have procedures to inform newly appointed and reappointed commissioners of their responsibility of completing training and providing the certificate to MCSW.

Recommendation

MCSW should update its procedures to include informing newly appointed and reappointed commissioners that they are required to complete Conflict of Interest Law training within 30 days after their appointment or reappointment, and every 2 years thereafter, and to provide MCSW with a Certificate of Completion of Conflict of Interest Law Training once it has been completed.

Auditee’s Response

The MCSW has in place a procedure for orienting new commissioners. This includes providing information regarding the required Conflict of Interest Law training. Given findings from the auditors the Commission has begun to formally record submission of evidence of completion of the training in a central location. In addition, the Commission is in the process of updating its procedures and establishing a formal policy that will inform newly appointed and reappointed commissioners that they are required to complete Conflict of Interest Law Training within 30 days after their appointment or reappointment, and every 2 years thereafter, and to provide MCSW with a Certificate of Conflict of Interest Law Training once it has been completed.

Date published: August 27, 2020

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