A part-time consulting physician to the Disability Determination Services branch of the Massachusetts Rehabilitation Commission may lease office space to consultative physicians who have been assigned by MRC to perform examinations or tests without violating §§ 4, 7 and 23 of the conflict of interest law.
A state employee who is an attorney in private practice and who participates in investing agency funds is subject to §§ 6 and 23 of the conflict of interest law if funds were invested with a Bank with which the state employee privately provides legal services.
The superintendent of a state agency under the Department of Mental Health may accept a position with an entity that contracts with DMH subject to the restrictions of §§ 4, 6, 7 and 23 of the conflict of interest law.
A member of two different state boards, both within the Executive Office of Environmental Management, who is a former municipal employee, may sell a parcel of land to the Town to set aside for conservation purposes where the purchase by the Town will involve a funding request to EOEA provided that he can comply with §§ 4, 6, 7 and 23 of the conflict of interest law as a state employee and §18 of the law as a former municipal employee.
A Massachusetts Convention Center Authority board member is advised that § 23 of the conflict of interest law prohibits his acceptance of free travel and accommodations from the Greater Boston Convention and Tourist Bureau to attend a Washington, D.C. reception designed to promote Boston as a convention and tourist destination.
A part-time city solicitor who primarily handles police department matters is advised that §§ 17, 23(b)(2), 23(b)(3) and 23(c) of the conflict of interest law apply to his ability to represent a criminal defendant on a gambling arrest in the city by the state police where he does not plan to call any city police officers as witnesses or raise any arrest-related defenses should the matter go to trial.
A member of the State Ethics Commission may also serve as Corporation Counsel for the City of Boston subject to the restrictions of §§ 4, 6, 17 and 23(c) of the conflict of interest law.
The executive director of a non-profit organization that receives funding from the state Executive Office of Communities and Development and which provides assistance in connection with two programs relating to the local housing authority may be appointed to the local housing authority, subject to the restrictions contained in §§ 17, 19, 20 and 23 of the conflict of interest law.
A district court employee is advised that §§ 23(b)(2) and (c) of the conflict of interest law apply to matters where he would be called upon to participate in matters in which his attorney-spouse appears on behalf of clients.
A Statewide Health Coordinating Council member is advised that Council members are state employees for conflict of interest law purposes and are subject to the restrictions set forth in §§ 4, 6, 7 and 23(c).
A member of the General Court who is also an attorney and real estate developer may be part of a real estate development team seeking to be designated to purchase and develop real estate offered by a municipality where the state will have no involvement in the process. The legislator is advised to comply with the provisions of §23(b)(3) of the conflict of interest law.
A state employee who designs devices for use by the state may design other devices for commercial marketing on his own time and not using public resources, subject to the restrictions in §§ 7 and 23(b)(2). He may not privately market devices developed while performing his state duties and may not market any privately developed devices to state agencies.
A Massachusetts Community Economic Development Assistance Corporation employee (CEDAC) is prohibited under § 4 of the conflict of interest law from acting as agent for a non-profit in which he serves as both an officer and board member in connection with an application submitted to CEDAC. As a CEDAC employee, he is also subject to the restrictions in §§ 6 and 23 of the law.
A town clerk is advised that an amendment to G.L. c. 268A, § 23 requires the clerk to provide a copy of § 23 to all elected and appointed town official to whom the town clerk administers an oath of office. The town clerk is not required to, but is not prohibited from, providing a copy of § 23 to other town employees who are not administered an oath of office.
A member of the Board of Registration in Nursing may also serve on an accreditation panel of the National League of Nurses, subject to the restrictions contained in §§ 4, 6 and 23 of the conflict of interest law.
A law firm associate is a special state employee as a consultant to the Special Master and a Trial Court Judge in connection with a court case involving a municipality and several state agencies over Boston Harbor pollution. He is subject to §§ 4 and 23 of the conflict of interest law. Because he is not a partner of the firm, the law firm partners are not subject to § 5 of the conflict of interest law.
An attorney in private practice who is employed by a consulting firm that is consulting to the Attorney General’s Office to oppose a petition by state agency DEF filed with state agency ABC is prohibited under § 23 from continuing to consult with the Attorney General’s Office if appointed by the Governor to a position with DEF.
An elected member of a municipal commission is subject to §§ 19 and 23 of the conflict of interest law if the municipal department overseen by the municipal commission hires the member’s son to a seasonal job in the department.
A Worcester State Hospital Board of Trustees member may participate as a Board member in transferring surplus hospital property to the Worcester Business Development Corporation and in a lawsuit over the transfer of the property where the board chair and an employee of his private employer are WBDC board members, subject to the restrictions in §§ 6 and 23(b)(3) of the conflict of interest law.
An attorney may not participate in a Bar Advocate program representing indigent defendants prosecuted by a District Attorney’s Office and be appointed as a special prosecutor handling child support cases in that office unless he serves as a special prosecutor for no more than 60 days in a 365-day period. The attorney is a special state employee subject to §§ 4 and 23 of the conflict of interest law.
A state employee does not violate §§ 3 or 23 of the conflict of interest law if a developer offers a gift of prints to the employee’s agency because the gift is being provided to the agency, and not to the state employee for his personal use.
A city councilor is advised that §§ 19, 20 and 23(c) of the conflict of interest law do not prohibit him from being appointed to an unpaid reserve officer position with the police department but may impose restrictions if funding for reserve police officers is approved.
The Secretary for the Executive Office of Public Safety is permitted, subject to the restrictions contained within § 23 of the conflict of interest law, to solicit contributions from private entities to fund a Governor’s initiative to eliminate drug and alcohol use in school districts.
A state employee does not violate the conflict of interest law by also holding a position of Honorary Consul of a foreign government but is subject to §§ 4(c) and 23 of the conflict of interest law.
The chairman of a board of registration may participate in the license application of a fellow board member subject to the provisions of §23(b)(3) of the conflict of interest law. The board member applying for the license is subject to §§ 6 and 23(b)(2) of the law.
A state agency head is advised about the restrictions in §§ 6, 7 and 23 of the conflict of interest law in connection with a contract involving the state agency and a partnership in which the state employee serves as a partner, where the day to day administration of the contract has been delegated to a company in which the state employee formerly served as an officer.
A state employee of a regional transportation agency is prohibited under § 23 of the conflict of interest law from accepting honorarium to participate on his own time in a review panel established by the Transportation Systems Center to assist the Urban Mass. Transportation Administration because the TSC is an agency under the state Department of Transportation which provides funding to the regional transportation agency, and the regional transportation agency is involved in a study for the UMTA.