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Divided Loyalties

Special Municipal Employees

In general, special municipal employees may receive compensation from someone other than the municipality and may act as an agent for someone other than the municipality provided that:
 

         They did not participate in the matter as a municipal employee;
 

         The matter is, and was not, within one year, the subject of their official responsibility as a municipal employee; and
 

         The matter is not pending in the municipal department in which they are serving. (Note that this last provision does not apply to special municipal employees who serve for less than 60 days in a 365 day period.)

 

You have official responsibility for a matter even if you don’t participate in it, if it is before your board.  If that is the case, the law would prohibit you from being paid by, or acting as agent for others, with respect to that matter.

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State Ethics Commission

Commonwealth of Massachusetts

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Permissible Conduct

In matters before, and of interest to, the municipality, special municipal employees may:
 

        be paid by others

        act on behalf of others

Provided that:

 

        They did not participate in the matter as a municipal employee

        The matter is, and was not, within one year, the subject of their official responsibility as a municipal employee

        The matter is not pending in their municipal department

Note: does not apply to special municipal employees who
          serve less than 60 days in a 365 day period

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