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Detailed checklist of steps regarding conflict of interest situations.

A consise but detailed outline of key points which fall into the realm of legal conflicts of interest.

INTRODUCTION

  • A minimum standard of conduct
  • Administered by State Ethics Commission
  • Applies to all officials and employees
  • Advisory opinions available

STANDARD

  • Avoid conflicts of interest
  • Avoid situations which could result in a conflict
  • Avoid giving the appearance of a conflict
  • On the job, after hours, or after leaving public service

EXCEPTIONS

  • Special municipal employees
  • Must be so designated by the municipality
  • Applies to the position, not the person
  • Unpaid, part-time or work less than 800 hours over 365 days

PROHIBITIONS

  • Bribes (Section 2)
  • Gifts (Section 3)
  • Personal financial stake in official actions (Section 19) (for themselves, their family, or their businesses)
  • Giving impression that he/she can be improperly influenced or that a relative could receive preferential treatment (Section 23)

EXEMPTIONS

  • Disclosure and authorization procedure (by appointing authority)
  • Determinations of general policy
  • Elected officials making checking account deposits

RULE OF NECESSITY

  • Board unable to act for lace of quorum because of disqualification
  • Invoked by chair on advice of counsel
  • Indicated in minutes
  • As a last resort to be able to take action

MISUSE OF OFFICIAL POSITION (Section 23)

  • Unwarranted privileges
  • Appearances of conflict (dispel by disclosure)
  • Inherently incompatible activities
  • Use of confidential information

OTHER PROHIBITIONS

  • Self-appointment (Section 21A)
  • Demanding undated resignations (Section 21B)
  • Restrictions on partners (Section 18)
  • Interests in municipal contracts (Section 20)
  • Work "on the side" for persons dealing with municipality (Section 17)

AFTER LEAVING PUBLIC SERVICE

  • Misuse of government connections (Section 18)
  • Forever ban on "particular matters"
  • One year "appearance" ban
  • Application to business partners

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