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- Summary of the Conflict of Interest Law
- After You Leave Municipal Employment
After You Leave Municipal Employment
Forever Ban
After you leave your municipal job, you may never work for anyone other than the municipality on a matter that you worked on as a municipal employee.
If you participated in a matter as a municipal employee, you cannot ever be paid to work on that same matter for anyone other than the municipality, nor may you act for someone else, whether paid or not. The purpose of this restriction is to bar former employees from selling to private interests their familiarity with the facts of particular matters that are of continuing concern to their former municipal employer. The restriction does not prohibit former municipal employees from using the expertise acquired in government service in their subsequent private activities.
Example of violation: A former school department employee works for a contractor under a contract that she helped to draft and oversee for the school department.
One Year Cooling-off Period
For one year after you leave your municipal job you may not participate in any matter over which you had official responsibility during your last two years of public service.
Former municipal employees are barred for one year after they leave municipal employment from personally appearing before any agency of the municipality in connection with matters that were under their authority in their prior municipal positions during the two years before they left.
Example: An assistant town manager negotiates a three-year contract with a company. The town manager who supervised the assistant, and had official responsibility for the contract but did not participate in negotiating it, leaves her job to work for the company to which the contract was awarded. The former manager may not call or write the town in connection with the company's work on the contract for one year after leaving the town.
Partners
Your partners will be subject to restrictions while you serve as a municipal employee and after your municipal service ends.
Partners of municipal employees and former municipal employees are also subject to restrictions under the conflict of interest law. If a municipal employee participated in a matter, or if he has official responsibility for a matter, then his partner may not act on behalf of anyone other than the municipality or provide services as an attorney to anyone but the city or town in relation to the matter.
Example: While serving on a city's historic district commission, an architect reviewed an application to get landmark status for a building. His partners at his architecture firm may not prepare and sign plans for the owner of the building or otherwise act on the owner's behalf in relation to the application for landmark status. In addition, because the architect has official responsibility as a commissioner for every matter that comes before the commission, his partners may not communicate with the commission or otherwise act on behalf of any client on any matter that comes before the commission during the time that the architect serves on the commission.
Example: A former town counsel joins a law firm as a partner. Because she litigated a lawsuit for the town, her new partners cannot represent any private clients in the lawsuit for one year after her job with the town ended.
For more information about conflict of interest and to create or sign into your Massachusetts Ethics Training portal please use the following link:
https://www.mass.gov/complete-conflict-of-interest-law-education-requirements