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Home Got a question? Try Ask the MMA In the area of training, what exactly must municipal employees do to comply with the new conflict-of-interest law?

In the area of training, what exactly must municipal employees do to comply with the new conflict-of-interest law?

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November 02, 2009

Q: I heard that the conflict-of-interest law now requires municipal employees to complete trainings. What exactly must municipal employees do to comply with the new law?

A: The Ethics Reform Act did add new educational and training requirements to the state’s conflict-of-interest law (Ch. 268A).

The law now requires all city and town clerks to annually distribute a summary of the conflict-of-interest law, prepared by the State Ethics Commission, to all “municipal employees.” (The commission says that the summary may be distributed electronically.) Each employee must acknowledge receipt of the summary, and this information must be kept on file by the clerk. (The acknowledgement may simply be in the form of a reply e-mail, according to the Ethics Commission.) The summaries must be provided to current employees by December 28, 2009. New hires must receive the summary within thirty days of hire.

The law also requires the Ethics Commission to publish on its Web site (www.mass.gov/ethics) an online training program on the conflict-of-interest law that must be completed by every “municipal employee” every two years. (New hires must complete the training within thirty days of hire.) Upon completion of the program, each employee must provide notice of completion to the “appropriate employer,” who shall keep the notice on file for six years. The Ethics Commission concludes that city and town clerks are responsible for retaining these records. When an independent municipal district is involved (e.g., prudential committee, water district, school district), the municipal clerk shall keep the notices if the district is wholly contained within the municipality; otherwise, the district is responsible for maintaining these records.

The law does not specify a date to comply with the training requirement, but the Ethics Commission has said that employees must complete the trainings by April 2, 2010.

Finally, the law requires each municipality, acting through its city council, board of selectmen, or board of aldermen, to designate a “senior level employee” as its liaison to the Ethics Commission. The municipality shall notify the commission in writing of any change to such designation within thirty days of the change. The law requires cities and towns to make this designation by January 27, 2010.