Overview
BHRD employees and prudential committee members did not take required conflict of interest training or acknowledge receipt of a summary of the conflict of interest law (Chapter 268A of the Massachusetts General Laws) annually. Specifically, two of six individuals involved with BHRD did not take the required conflict of interest law training during the period. In addition, three of the six individuals involved with BHRD did not sign the annual acknowledgment of receipt of the summary of the conflict of interest law for either year of our audit period.
Certain prudential committee members and employees also act in various positions for the Town of Lanesborough, with which BHRD contracts for certain services, including fire and ambulance, police, and road maintenance. OSA believes this training and annual acknowledgment are important for all state, county, and municipal employees. BHRD prudential committee members are considered employees for the purpose of the “Conflict of Interest Law Education and Training Guidelines” issued by the Massachusetts State Ethics Commission. The training and annual summary keep employees informed about what is allowed by state law and help ensure that they are aware of the ramifications of noncompliance.
The “Conflict of Interest Law Education and Training Guidelines” state,
Each year, every state, county, and municipal employee must be given a summary of the conflict of interest law . . . and, every two years, they must complete an online training program prepared by the [State Ethics] Commission.
BHRD officials told us that the clerk of the Town of Lanesborough usually sends employees and prudential committee members the conflict of interest law acknowledgment, as well as an annual notification that they need to complete the training, but did not always do so during the audit period. They stated that some training notifications were not sent because of difficulties encountered during the 2019 coronavirus pandemic and that acknowledgments were not sent because the town clerk thought they were only needed when a municipal employee was first elected, not every year thereafter.
OSA recommends that BHRD maintain conflict of interest law training certificates and annual acknowledgments to ensure that it complies with State Ethics Commission requirements.
Auditee’s Response
The District will certainly pay closer attention to completing the ethics and open meeting law reporting requirements in a timely fashion. We have put it in our annual calendar to be addressed during the first meeting of the fiscal year, July.
Auditor’s Reply
Based on its response, BHRD is taking measures to address our concerns.
| Date published: | March 24, 2022 |
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