A consise but detailed outline of key points which fall into the realm of legal conflicts of interest.
INTRODUCTION
- A minimum standard of conduct
- Administered by State Ethics Commission
- Applies to all officials and employees
- Advisory opinions available
STANDARD
- Avoid conflicts of interest
- Avoid situations which could result in a conflict
- Avoid giving the appearance of a conflict
- On the job, after hours, or after leaving public service
EXCEPTIONS
- Special municipal employees
- Must be so designated by the municipality
- Applies to the position, not the person
- Unpaid, part-time or work less than 800 hours over 365 days
PROHIBITIONS
- Bribes (Section 2)
- Gifts (Section 3)
- Personal financial stake in official actions (Section 19) (for themselves, their family, or their businesses)
- Giving impression that he/she can be improperly influenced or that a relative could receive preferential treatment (Section 23)
EXEMPTIONS
- Disclosure and authorization procedure (by appointing authority)
- Determinations of general policy
- Elected officials making checking account deposits
RULE OF NECESSITY
- Board unable to act for lace of quorum because of disqualification
- Invoked by chair on advice of counsel
- Indicated in minutes
- As a last resort to be able to take action
MISUSE OF OFFICIAL POSITION (Section 23)
- Unwarranted privileges
- Appearances of conflict (dispel by disclosure)
- Inherently incompatible activities
- Use of confidential information
OTHER PROHIBITIONS
- Self-appointment (Section 21A)
- Demanding undated resignations (Section 21B)
- Restrictions on partners (Section 18)
- Interests in municipal contracts (Section 20)
- Work "on the side" for persons dealing with municipality (Section 17)
AFTER LEAVING PUBLIC SERVICE
- Misuse of government connections (Section 18)
- Forever ban on "particular matters"
- One year "appearance" ban
- Application to business partners