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The Massachusetts Board of Bar Examiners Did Not Ensure That All Employees and Board Members Completed Conflict of Interest Training

Without having all employees and board members complete conflict of interest training, there is a higher risk that conflicts of interest will arise, resulting in improper decisions regarding conducting examinations.

Table of Contents

Overview

The Massachusetts Board of Bar Examiners (MBBE) did not ensure that all employees and board members completed conflict of interest training. During the audit period, MBBE had eight employees and five board members, but MBBE only provided us a conflict of interest training certificate of completion for one employee.

Without having all employees and board members complete conflict of interest training, there is a higher risk that conflicts of interest will arise, resulting in improper decisions regarding conducting examinations.

Authoritative Guidance

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

The state ethics commission shall prepare and update from time to time the following online training programs, which the commission shall publish on its official website: (1) a program which shall provide a general introduction to the requirements of this chapter. . . . 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. Upon completion of the online training program, the employee shall provide notice of such completion to be retained for 6 years by the appropriate employer.

Reasons for Issue

MBBE officials told us that it was an oversight that MBBE did not maintain these certificates of completion. Additionally, MBBE did not have policies and procedures that required all employees and board members to complete conflict of interest training.

Recommendations

  1. MBBE should maintain certificates of completion for its employees and board members.
  2. MBBE should develop and implement policies and procedures that require all employees and board members to complete conflict of interest training every two years.

Auditee’s Response

The Massachusetts Board of Bar Examiners (MBBE) has joined the State Ethics Commission’s online training program for employees. They administer and track our Code of Conduct training. Any new employees or board members are enrolled promptly.

Auditor’s Reply

Based on its response, MBBE is taking measures to address our concerns in this area.

Date published: April 4, 2023

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