IMPORTANT! Massachusetts Public Employees Subject to New Ethics Law
October 13, 2009
On July 1, the governor signed into law Chapter 28 of the Acts of 2009, the new conflict of interest law. The law, which took effect on September 29, mandates that county and municipal employees receive mandatory ethics training, just as state employees already do.
The effects of the new law are as follows:
- On or before December 28, 2009, all CURRENT state, county and municipal employees must be provided with a summary of the conflict of interest law. They must be provided with a summary of the law every year.
- The summary is available on the State Ethics Commission website.
- State and county agencies must provide the summary to their employees.
- City and town clerks must provide the summary to their municipal employees.
- Employees hired after December 28, 2009 will receive a summary within thirty days of the date of hire, and annually after that, just as current employees will.
- All employees must sign a written acknowledgement that they received the summary. The employer (state or county agency or city/town clerk) must keep that acknowledgement.
- On or before April 2, 2010*, all CURRENT state, county and municipal employees must complete an online ethics training on the State Ethics Commission website. Employees will have to retake the training every two years. The training will guide users online and should be self-explanatory.
- Employees hired after December 28, 2009 will take the online ethics training within thirty days of the date of hire, and every two years after that, just as current employees will.
- County and municipal employees should use the online training now available, even though it is tailored primarily for state employees. We expect that the training will be revised in the future for county and municipal employees.
- Upon completion of the online ethics training, employees will print completion certificates. Employees should keep a copy for themselves and give a copy to their employers (the state or county agency or city/town clerk). The employer must maintain these completion certificates for six years.
The State Ethics Commission has the authority to ensure compliance with the ethics law. The Commission may simply send a letter to individuals explaining any violation and the possible consequences if it is not corrected. However, the Commission may also issue public enforcement letters or assess civil penalties.
The union encourages state, county and municipal employees to comply with the training requirement within the timelines noted above. For questions regarding compliance with the new ethics law, you may reach the State Ethics Commission at 617-371-9500. Questions may also be directed to the union office by calling 617-376-0220 and asking for the attorney of the day.
*As the result of concerns expressed by affected parties, the State Ethics Commission has extended the time for compliance with the on-line training requirements to April 2, 2010 (from the original compliance deadline of December 28, 2009)