General Laws: CHAPTER 268A Section 6

PART IV CRIMES , PUNI S HMENTS AND PRO CEEDINGS IN CRIMINAL CASES TITLE I CRIMES AND PUNI SHMEN TS CHAPTER 268A CONDUCT OF PUBLIC OFFICIALS AND EMPLOYEES Section 6 Financial inter est of state employee , relat i ve or associates ; disclosure Page 1of1

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Section 6. (a) Except as permitted by this section, any state employee who participates as such employee in a particular matter in which to his knowledge he, his immediate family or partner , a business organization in which he is serving as officer, d irector, trustee, partner or employee , or any person or organization with whom he is negotiating or has any arrangement concerning prospect ive employment , has a financial interest , shall be punished by a fine of not more than $10,000, or by imprisonment in the state prison for not more than 5 years, or in a jail or house of correction for not more than 2 1 /2 years, or both

. Any state employee whose duties would otherwise require him to participate in such a particular matter shall advise the official responsible for appointment to his position and the state ethics commission of the nature and circumstances of the particular matter and make full disclosure of such financial interest , and the appointing official shall thereupon either (1) assign the particular matter to another employee; or (2) assume responsibility for the particular matter; or (3) make a written determination that the interest is not so substant ial as to be deemed likely to affect the integrity of the services which the commonwealth may expect from the employee , in wh i ch case it shall not be a violation for the employee to participate in the particular matter. Copies of such written determination shall be forwarded to the state employee and filed with the state ethics commission by the person who made the determination

. Such copy shall be retained by the commission for a period of six years
. [There is no subsection (b)

. ]

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PART IV CRIMES

. PUNISHMENTS AND PROCEEDINGS IN CR I MINAL CASES TITLE I CRIMES AND PUNISHMENTS CHAPTER 268A COND UCT OF PUBLIC OFFICIALS AND EMPLOYEES Section 6A Conflict of interest of public officia l ; reporting requirement Page 1 of 1

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Section 6A. Any public official , as defined by section one of chapter two hundred and sixtyeight B , who in the discharge of his official duties would be required knowingly to take an action which would substantially affect such official 's financial interests, unless the effect on such an official is no greater than the effect on the general public, shall file a written description of the required action and the potentia l conflict of interest with the state ethics commission established by said chapter two hundred and sixty-eight B.

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PART IV CRIMES , PUNISHMENTS AND PROCEEDINGS IN CR I MINAL CASES TITLE I CRIMES AND PUN I SHMENTS CHAPTER 268A CONDUCT O F PUBL I C OFFICIALS AND EMPLOYEES Section 68 C a n di dates for em pl o y ment as state employee ; disclosure of relation to s t ate employee

Section 68

. Each candidate for employment as a state employee s hall be required by the hiring authority as part of the application process to disc lose , in writing , the names of any state employee who is related to the candidate as: spouse, parent, child or sibling or the spouse of the candidate's parent, child or sibling. Print

The contents of a disclosure received under this section from an employee when such employee was a candidate shall be considered public records under section 7 of chapter 4 and chapter 66

. All disclosures made by applicants hired by a state agency shall be made available for public inspection to the extent permissible by law by the officia l with whom such disclosure has been filed.

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### IT i tl el/Chapter26 8A/Section6B /Print 6/9/2014General Laws: CHAPTER 268

PART IV CRIMES , PUNISHMENTS AND PROCEEDINGS IN CRIMINAL CASES TITLE I CRIME S AND PUNISH M ENTS CHAPTER 268A CONDUCT OF PUBLIC OFFICIALS AND EMPLOYEES Section 7 Financial intere st i n con tracts of state ag e ncy ; applicatio n of section P age 1 of2

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Section 7

. A state employee who has a financial interest, directly or indirectly, in a contract made by a state agency , in which the commonwealth or a state agency is an interested party, of which interest he has knowledge or has reason to know, shall be punished by a fine of not more than $10 , 000 , or by imprisonment in the state prison for not more than 5 years, or in a jail or house of correction fo r not more than 2 1/2 years, or both. This section shall not apply if such financial interest consists of the ownership of less than one per cent of the stock of a corporation

. This section shall not apply (a) to a state employee who in good faith and within thirty days after he learns of an actua l or prospective violation of this section makes full disclosure of his financia l interest to the contracting agency and terminates or disposes of the interest , or (b) to a state employee other than a member of the general court who is not emp l oyed by the contracting agency or an agency which regulates the activities of the contracting agency and who does not participate in or have official responsibility for any of the activities of the contracting agency , if the contract is made after public notice or where applicable, through competitive bidd i ng , and if the state employee files with the state ethics commission a statement making full disclosure of his interest and the interests of his immediate family in the contract , and if in the case of a contract for personal services (1) the services will be provided outside the normal working hours of the state employee, (2) the services are not required as part of the state employee ' s regular duties , the employee is compensated for not more than five hundred hours during a calendar year, and (3) the head of the contracting agency makes and files with the state ethics commission a written certification that no employee of that agency is avai l able to perform those services as a part of their regular duties, or (c) to the interest of a member of the general court in a contract made by an agency other than the general court or either branch thereof , if his direct and indirect interests and those of his immediate family in the corporation or other comme rcial entity with which the contract is made do not in the aggregate amount to ten per cent of the tota l proprietary interests therein, and the contract is made through compet itive bidding and he files with the state ethics commission a statement making full d isclosure of his interest and the interests of his immediate family or (d) to a specia l state employee w ho does not participate i n or have official responsibility for any of the activities of the contracting agen cy and who fi les with the

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### General Laws: CHAPTER 268A. Section 7 Page 2 of2

state ethics com mi ss ion a statement ma king full disclosu re of his in terest and th e interests of his im mediate famil y in the contract, or (e) to a special state employee who file s with the state et hi cs com m iss ion a statem e nt m aking full disc losure of his i nterest a nd the interests of his immediate family i n the co ntract, if the gove rnor with the advice an d con sent of th e exe c uti ve council exempts h im. Thi s section shall not ap ply to a state employee who p rov ides services o r furnish es su pplies, goods and materials to a reci p ient of publ i c assistan ce, prov ided that s uch servi ces or su ch supplies , goods and materials are provid ed in accordan ce w ith a schedu le of charg es promulgate d by the departme nt of transitional ass ista nce or the divis ion of he alth care policy and finance and p ro vided , fu rther, that such reci pie nt has the ri ght un der law to choos e and in fact does choose the person or firm that will p rovi de such services or fu rni sh such supplies, goods and m aterials. Th is section sh all not prohibit a state emp loye e from teach in g or performi ng oth er related duties in an ed ucati onal institu tion of the com monwealth; provi de d , th at s uch em ployee d oes not participate in, or have offic ial responsibility for, th e financial m a nage ment of such educati onal institu tion; and provided, fu rther, th at such emp loyee is so empl oyed on a parttime basis

. Su ch employee may be co mp ens ated for su ch services, n otwithsta nding th e provisions of se cti on twenty-one of chapt er th irty. This sect ion shall not p ro hibit a state employee from be ing e mp loyed on a part- tim e bas is by a facility operated or designed for the care of me ntally ill or mentall y retarded persons, publ i c health, correctional facility or any oth er facility principally fun ded by the state whi ch provid es s imi lar services an d which ope rates on an unin terrupte d and co ntin uous basi s ; p rov ided that such employee does not particip ate in , or have offi cial res ponsib ility for , the fin an c ia l management of such facility, that he is compens ate d for such part-t ime empl oyment fo r not m ore than four ho urs in any day in which he is othe rwise co mpensated by th e commonwea lth, and at a rate which do es not exceed that of a state emp loyee cl assified in step one of job gro up XX of the general salary sched u le co ntained in sect ion forty-s ix of cha pter thi rty , and that the head of the fac ility make s an d file s with the state eth ics co mmi ssion a written ce rt ificati on that there is a critical need for the services of the emp loyee. Such employe e m ay be co mpen s ated for such services, notwithstandi ng th e p ro vi s ions of section twen ty-o ne of ch apter th irty

. Th is section shall not preclud e an officer or employee of the Ma ssa chus etts Port Aut hority from eligibility for any residenti al sound insulation progra m or th e ba yswater env ironmental prog ram provided th at the officer or emp loyee h as no res pons i b ility for t he administration for that pro gram from which he is to receive the benefit.



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