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Treasurers and Collectors are municipal employees covered by the conflict of interest law (Chapter 268A of the General Laws). All municipal employees, whether elected or appointed, full or part-time, paid or unpaid must abide by the restrictions of the conflict law.
The purpose of the conflict law is to ensure that your private financial interests and relationships do not conflict with your responsibilities as Treasurer or Collector. The law is broadly written to prevent you from even becoming involved in a situation which could result in a conflict or give the appearance of a conflict.
If you are part-time and have been designated as a "special," two sections of the conflict law, sections 17 and 20, apply less restrictively to you. (All other sections of the conflict law which affect municipal employees apply to special municipal employees in the same way.) See the Commission's Fact Sheet, "Special Municipal Employees" for information on eligibility and the process of designation.
You apply for a mortgage from a bank in which the city has deposited funds. The bank waives the $125 application fee citing your business relationship but has charged you the customary mortgage rate and points. Is this acceptable under the conflict law?
If the waived fee is valued at less than $50, technically you may accept the gift, provided that it is not intended as a bribe. A bribe, no matter what its value, will violate the law.
The conflict of interest law permits municipal agencies to adopt stricter standards than those in the state law. Many local governments simply have an outright ban on accepting any gifts.
You are on the Board of Directors of a nonprofit corporation. The corporation is delinquent in its payment of real estate taxes in your town. May you, as Collector, arrange a monthly payment schedule?
Immediate family is defined in the law as you and your spouse and both of your children, parents, brothers and sisters. For example, you are prohibited from hiring your sister or from participating in any way in the hiring process.
There is an exemption to this restriction, available for appointed Treasurers and Collectors. If you are appointed, you may act on a matter affecting your own, your family's or your business' financial interest only if you receive written permission from your appointing authority prior to taking any action. Therefore, if the Board of Selectmen appointed you to your job, they could grant you permission to hire your sister.
If you are elected, this exemption is not available to you; you may never hire your sister.
NOTE: This section of the conflict law prohibits you from depositing municipal funds in any bank for which you work or serve as partner, officer, director or trustee. Though the conflict law would allow an appointed Treasurer to receive an exemption to this rule, M.G.L. c. 44, §55 prohibits you from depositing funds in any bank with which you are associated as an "officer" or employee or with which you were associated at any time during the three years immediately preceding the date of any such deposit.
You are a part-time Treasurer; you also work part-time for a computer company. May you represent the company in its negotiations with the School Department to provide computers and maintenance for a new school program?
If you are part-time and have been designated as a special municipal employee, it depends. You may represent private parties before other town boards or agencies (not your own) unless it is a matter in which you participated or which is now or within the past year was within your official responsibility as Treasurer. In this example, if the proposed contract would have to be approved by you or someone under you, you could not represent the computer company in its negotiations with the School Department.
You want to serve on the Parks and Recreation Committee. May you hold both positions as full-time Treasurer and part-time committee member?
A local bank is about to foreclose on your brother's property. You presently are negotiating with the bank concerning a deposit of a large sum of city money. May you call the president of the bank and intervene on behalf of your brother?
Your cousin is delinquent in his payment of real estate taxes. As Collector, may you set up a customary repayment schedule?
You have resigned as Treasurer and now work for a bank which has a major portion of the city's business. May you represent the bank in its dealings with the new Treasurer?
For example, as Treasurer, you negotiated with the bank to give the city a highly favorable interest rate on certified deposits in exchange for depositing so much money per month. You may not now, as the bank's liaison with the city, attempt to renegotiate that very contract.
This summary presents a brief overview of the conflict law and suggests activities which you, as a Treasurer or Collector, must avoid. It is not a comprehensive review intended to cover every situation. You should consult your municipal lawyer or call the Ethics Commission's Legal Division at 371-9500 for particular advice on the conflict law.
If you have a question about your own activities, we urge you to request an opinion from your city or town counsel or directly from the Commission prior to engaging in the activity in question.
If you have questions about others' activities in your county, urge them to use the opinion process. In addition, complaints may be filed with our Enforcement Division in person, by phone (at the same number listed above) or by letter. The identity of complainants is kept confidential.
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Commission Summaries are prepared and issued by the Public Education Division of the State Ethics Commission. They are intended to provide guidance to public officials and employees concerning practical applications of the conflict law.
ISSUED : August 1987