Conflict-of-interest law training procedures amended
March 31, 2010The State Ethics Commission has amended its conflict-of-interest law training procedures, providing additional exemptions from new online training requirements and clarifying the law’s application to private consultants and advisory committees.
Under the commission’s “Revised Mandatory Education and Training Requirements – Implementation Procedures,” published March 18, all municipal employees who are exempted from the online training requirements are also exempted from the requirement that they be provided with summaries of the conflict-of-interest law.
The new procedures also provide exemptions for employees who cannot comply with requirements because of limited English fluency or reading comprehension, special needs, and leaves of absence. Also exempted are vendors and contractors who provide one day or less of services per year.
The revised rules also permit group trainings. A PowerPoint presentation developed by the Ethics Commission is available on the commission’s Web site for use in group trainings.
The amended procedures provide further guidance on the application of the new requirements to private contractors, elaborating on who qualifies as a “key employee,” which makes them “public employees” for the purposes of the law.
The new procedures are available at www.mass.gov/ethics, along with summaries and online training programs.
The MMA had been urging the Ethics Commission to revise the training rules that it originally published last fall, pursuant to the new Ethics Reform Act (Chapter 28 of the Acts of 2009).
Under the law, every state, county and municipal employee must be given a summary of the conflict-of-interest law prepared by the Ethics Commission annually and must complete the commission’s online training program every two years. A certificate of completion for the online training for all employees must be kept by each municipality for six years. Each municipality must also designate a liaison to the commission.
The MMA will continue working with the Ethics Commission to develop a municipal-oriented training program and will provide input as the commission works to promulgate regulatory changes with regard to other areas of the conflict-of-interest law, including adjudicatory hearing procedures, exemptions (gifts and non-gifts), and the statute of limitations.
The state auditor’s office, meanwhile, has determined that the new conflict-of-interest law training requirements do not constitute an unfunded mandate, primarily due to the fact that the responsibility to comply with the online training requirements rests with the employee, not the employer.




