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