[HISTORY: Adopted by the Annual Town Meeting of the Town of Chelmsford 10-15-1990
by Art. 14. Amendments noted where applicable.]
This chapter governs all municipal employees. A municipal employee is
a person performing services for or holding an office, position, employment
or membership in a municipal agency, whether by election, appointment, contract
of hire or engagement, whether serving with or without compensation, on a
full, regular, part-time, intermittent or consulting basis, but excluding
elected members of a Town Meeting and members of a charter commission established
under Article LXXXIX (89) of the amendments to the Constitution.
A.
The purpose of this chapter is to ensure that municipal
employees' private financial interests and personal relationships do
not conflict with their public obligation to act objectively and with integrity.
This chapter is written to prevent municipal employees from becoming involved
in a situation which could result in or give the appearance of unethical or
illegal behavior. This chapter restricts what municipal employees may do on
the job, after hours and after leaving public service.
B.
It is essential for the continued well-being of the Town
of Chelmsford that its citizens have full confidence in the integrity of its
municipal employees. The Town of Chelmsford desires to promote such confidence
by demanding the highest standards of ethical conduct for each municipal employee.
It is required that municipal employees conduct themselves in such a way that
their behavior, both in practice and appearance, conforms to the highest standards
of ethical conduct. The Town of Chelmsford recognizes the Massachusetts Conflict
of Interest Law (MGL c. 268A) as the basis for setting the minimum standard
of ethical conduct for all municipal employees. It is considered an integral
component of this chapter and should be read in its entirety.
This chapter provides that municipal employees for the Town of Chelmsford
will "pay their own way." Municipal employees must avoid conduct which creates
the impression that they will act with bias.
A.
Municipal employees shall not engage in the most obvious
kind of corruption: bribery. Massachusetts law imposes criminal penalties,
not only on municipal employees who seek or receive payoffs or kickbacks but
also on anyone who bribes or attempts to bribe a public official for any action
or inaction.
B.
Municipal employees shall not request, accept or offer
anything of substantial value from or to anyone with whom the municipal employee
has had or is likely to have official dealings even if the motivation for
the gift is to express gratitude for a job well done or to foster goodwill.
The Town of Chelmsford deems "substantial value" to be $50 or more in any
calendar year. Substantial value includes but is not limited to additional
compensation, waived fees, sporting event tickets, golf outings, parties,
meals, discounts, gift certificates, entertainment and refreshments at testimonials,
retirement functions and ground-breaking and dedication ceremonies. Free or
discounted services, such as construction or accounting work, are considered
gifts. The purchase of property at less than full market value from any entity
having matters before any town board or agency is strictly prohibited.
C.
Municipal employees shall not solicit contributions,
sell tickets or otherwise seek or accept payment for a testimonial or retirement
function, or any function having a similar purpose, held for themselves, for
a member of their immediate family or another employee if the contributor
is a person or entity doing business with the Town of Chelmsford and the admission
price or payment exceeds the actual per-person cost of the food and beverages
served at the function. Municipal employees shall not request or require any
person or entity to sponsor or contribute to any ground-breaking ceremony,
dedication ceremony or similar occasion. The Town of Chelmsford, if it deems
the occasion appropriate, shall plan and pay for the ceremony.
D.
Municipal employees shall not accept reimbursement for
travel expenses from any person or entity having business with or wishing
to do business with the Town of Chelmsford and with whom or with which the
municipal employee had or is likely to have official dealings. Municipal employees
shall not utilize private aircraft for travel, whether business or pleasure,
that is owned, leased or rented by entities doing business with or wishing
to do business with the Town of Chelmsford and with which the municipal employee
has had or is likely to have official dealings. Travel expenses for municipal
employees for municipal business shall be paid by the town.
E.
Municipal employees shall not use the nonbusiness facilities
of entities having financial contracts with or wishing to have financial contracts
with the Town of Chelmsford and with which the municipal employee has had
or is likely to have official dealings. This includes but is not limited to
staying at vacation spots, lodges or condominiums.
F.
Conflicts of interest.
(1)
Municipal employees are prohibited from taking action
on any "particular matter" as defined in MGL c. 268A which would affect their
own financial interest or the financial interest of:
(a)
Their immediate family (themselves, their spouse, children,
parents, brothers and sisters);
(b)
Their partner(s);
(c)
A business organization in which they serve as an officer,
director, trustee, partner, silent partner or employee (including a nonprofit
organization); and
(d)
Any person or organization with whom or which they are
negotiating or have any arrangement concerning future employment.
(2)
An exception is available to appointed municipal employees
who may act on a matter in which they, their family or their business has
a financial stake, provided that they receive written permission from their
appointing official prior to taking the action.
G.
Municipal employees shall not participate in any way
in the hiring, promotion, performance review or salary recommendation of any
immediate family member. An exception is available to appointed municipal
employees who may act on a budget affecting an immediate family member's
financial interest, provided that they receive written permission from their
appointing official prior to taking the action.
H.
Municipal employees shall not use their position to benefit
from municipal contracts and must avoid conduct which creates the public perception
that municipal employees have an inside track on obtaining municipal contracts
or jobs.
I.
Municipal employees shall not use or attempt to use their
municipal position to obtain unwarranted privileges for themselves or anyone
else. Municipal employees shall avoid conduct which creates the impression
that they can be improperly influenced or that they will act with bias. Municipal
employees are prohibited from misusing confidential information obtained on
the job and from accepting outside employment which is inherently incompatible
with their public position.
J.
Municipal employees shall not act as agent or attorney
for a private party before the town. There are exceptions which are covered
under MGL c. 268A, § 17.
K.
Former municipal employees shall not derive unfair advantage
by misusing friendships formed or confidential information obtained while
serving the town.
L.
Municipal employees shall not use town property of any
kind, either directly or indirectly, for other than officially sanctioned
activities, except to the extent that said property is available to the public.
Appointing authorities shall appoint only those persons who do not have
vested interests in any matter coming before that person's appointed
body which would violate or give the appearance of violating the provisions
of this chapter.
All municipal employees are required to be familiar with the standards
of this chapter. A procedure for the proper orientation of each individual
is hereby established:
A.
The Town Manager and Superintendent of Schools shall
jointly develop a program to annually inform and educate all municipal employees
of the required standards of conduct. The Town Manager and the Superintendent
of Schools shall develop a program to inform and educate all incoming municipal
employees of said standards of conduct. They shall include in their program,
as a minimum, a procedure that will produce for the town's records a
signed document from each municipal employee indicating that each individual
has read this chapter and is familiar with the requirements of MGL c. 268A.
B.
The Town Manager shall place the State Ethics Commission
publication entitled "A Practical Guide to the Conflict of Interest Law for
Municipal Employees" conspicuously in the Town Manager's and Town Clerk's
office and shall provide copies for placement in all public buildings for
the benefit of employees and the public.
C.
All citizens and municipal employees shall regularly
be made aware that if they believe a violation of this chapter has occurred
or is occurring, they should call or visit the State Ethics Commission's
enforcement staff, or they may speak with the Town Manager or the Superintendent
of Schools.
A.
The Town Manager and the Superintendent of Schools shall
report to the State Ethics Commission any suspected violations of the State
Conflict of Interest Law. The Town Manager and the Superintendent of Schools
shall report annually to their respective boards the educational initiatives
they have taken to comply with this chapter. They shall also report the status
of alleged violations brought to their attention, which report shall only
be statistical in nature.
B.
When a violation of this chapter has occurred, administrative
action as is warranted shall be taken by the appropriate authority.
If any provisions of this chapter shall be held to be invalid, the validity
of the remainder of this chapter shall not be affected thereby.
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