• This page, Divided Loyalties- An Explanation of the Conflict of Interest Law, is   offered by
  • State Ethics Commission

Divided Loyalties- An Explanation of the Conflict of Interest Law

"After hours" restrictions - conflict issues that arise for public employees in their private lives, when they are not acting officially.

Because the level of government a public employee is employed by (the state, county, city/town) is entitled to the undivided loyalty of its employees, a public employee may not be paid by other people and organizations in relation to a matter in which their employing level of government (the state, county, city/town) has an interest. In addition, a public employee may not act on behalf of other people and organizations or act as an attorney for other people and organizations if their employing level of government (the state, county, city/town) has an interest in a matter. Acting as agent includes contacting the state, county, city/town in person, by phone, or in writing; acting as a liaison; providing documents to the state; and serving as spokesman.  

A public employee may always represent his own personal interests, even before his own public agency or board, on the same terms and conditions that would apply to other similarly situated members of the public.

Applicability to "Special" public employees

While many public employees earn their livelihood in their public jobs, some public employees volunteer their time to the or receive small stipends. Others may serve in a part-time public position which permits them to have other personal or private employment during normal working hours.  In recognition of the need not to unduly restrict the ability of volunteers and part-time employees to earn a living, the law is less restrictive for positions that are "special" public employees than for other public employees.  More information about special public employee status can be found here.

If a position is a "special" employee position, an employee holding that position may be paid by others, act on behalf of others, and act as attorney for others with respect to matters before state agencies other than his own, provided that he has not officially participated in the matter, and the matter is not now, and has not within the past year been, under his official responsibility, and is not pending before his own state agency.

Applicability to members of the General Court 

The divided loyalty section of the conflict of interest law applies differently to State Senators and State Representatives than it does to other state employees, because they must frequently act on behalf of their constituents.  Section 4 of the conflict of interest law allows State Senators and State Representatives to perform constituent services, but prohibits them from appearing personally before state agencies for compensation other than their legislative salaries except on ministerial matters such as filing tax returns, permit and license applications, and incorporation papers, and in state court proceedings and quasi-judicial agency proceedings.

Example of violation : A state employee makes inquiries to another state agency about an investigation that the second state agency is conducting of his wife.

Example of violation : A state advisory commission member participates in matters at his agency that affect one of his private clients, and is compensated by the client for his work on its behalf.

Example where there is no violation : A State Senator is contacted by a constituent who has applied for benefits to a state agency, has not received a timely determination by the agency, and cannot get his calls to the agency returned. The Senator may call the agency on the constituent's behalf to inquire about the matter. The Senator's aide may also call the agency on the constituent's behalf to inquire about the matter without violating Section 4.

Example of violation : A full-time health agent submits a septic system plan that she has prepared for a private client to the town's board of health.

Example of violation : A planning board member represents a private client before the board of selectmen on a request that town meeting consider rezoning the client's property.

Example of violation : A county employee makes inquiries to another county agency about an investigation that the second county agency is conducting of his wife.

Example of violation : A county advisory commission member participates in matters at his agency that affect one of his private clients, and is compensated by the client for his work on its behalf.

Examples for Special Public Employees

Example : A school committee member who has been designated as a special municipal employee appears before the board of health on behalf of a client of his private law practice, on a matter that he has not participated in or had responsibility for as a school committee member. There is no conflict. However, he may not appear before the school committee, or the school department, on behalf of a client because he has official responsibility for any matter that comes before the school committee. This is still the case even if he has recused himself from participating in the matter in his official capacity.

Example : A member who sits as an alternate on the conservation commission is a special municipal employee. Under town by-laws, he only has official responsibility for matters assigned to him. He may represent a resident who wants to file an application with the conservation commission as long as the matter is not assigned to him and he will not participate in it.

Example : A part-time investigator for a county agency who is a special county employee may work on her own time privately for a party litigating a case with a different county agency, provided that she has not participated in or had responsibility for the litigated matter in her county position.

Example : A part-time investigator for a state agency who is a special state employee may work on her own time privately for a party litigating a case with a different state agency, provided that she has not participated in or had responsibility for the litigated matter in her state position.

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