Press Release  Ethics Commission issues reminder on use of public resources for political activity

BOSTON, MA — The State Ethics Commission reminds state, county, and municipal employees that the conflict of interest law generally prohibits the use of public resources, including official uniforms, in connection with political campaigns or other private political activity.

With limited exceptions, public employees are prohibited from engaging in political activity on public work time; while wearing a public uniform; in a public building, except where equal access for such political activity is allowed; or with the use of other public resources, including public office space, public staff time, public equipment, and official public websites. Supporting a political candidate or campaign is private political activity. When a public employee engages in private political activity while wearing an official uniform or using other public resources, an impression may be created that the employee’s agency supports a particular candidate or other political cause. Ethics Commission Advisory 11-1: Public Employee Political Activity contains a full description of the types of political activity allowed and prohibited under the conflict of interest law.

Section 23(b)(2)(ii) of the conflict of interest law prohibits public employees from using or attempting to use their official positions to secure for themselves or others unwarranted privileges of substantial value that are not properly available to similarly situated individuals. In general, supporting a candidate or political campaign while wearing an official uniform or using other public resources violates that section.

A municipal police officer, for example, recently paid a $1,500 civil penalty after admitting to violating the conflict of interest law by engaging in political activity while on duty and in uniform. In 2011, three county sheriff’s office employees paid civil penalties of $10,000, $3,000, and $2,000, respectively, after they admitted to using public resources in connection with a political fundraiser.

The Commission encourages public employees to contact its Legal Division at 617-371-9500 for free advice if they have any questions regarding how the conflict of interest law may apply to them.

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