Section 19. (a) Except as permitted by paragraph (b), a municipal employee who participates as such an employee in a particular matter in which to his knowledge he, his immediate family or partner, a business organization in which he is serving as officer, director, trustee, partner or employee, or any person or organization with whom he is negotiating or has any arrangement concerning prospective employment, has a financial interest, shall be punished by a fine of not more than $10,000, or by imprisonment in the state prison for not more than 5 years, or in a jail or house of correction for not more than 2 1/2 years, or both.
(b) It shall not be a violation of this section (1) if the municipal employee first advises the official responsible for appointment to his position of the nature and circumstances of the particular matter and makes full disclosure of such financial interest, and receives in advance a written determination made by that official that the interest is not so substantial as to be deemed likely to affect the integrity of the services which the municipality may expect from the employee, or (2) if, in the case of an elected municipal official making demand bank deposits of municipal funds, said official first files, with the clerk of the city or town, a statement making full disclosure of such financial interest, or (3) if the particular matter involves a determination of general policy and the interest of the municipal employee or members of his immediate family is shared with a substantial segment of the population of the municipality.
Notes of Decisions
Pierce v. Cotuit Fire Dist., 741 F.3d 295 (1st Cir. 2014).
· cites it 4× “On March 31, 2008, the Ethics Commission advised him that the state ethics law, Mass. Gen. Laws ch. 268A, § 19, prohibited him from participating in his wife’s supervision, performance evaluations, or promotions, or in setting her compensation.”
Commonwealth v. Cohen, 921 N.E.2d 906 (Mass. 2010).
· cites it 2× “265, § 26; conflict of interest, G. L. c. 268A, § 19 (a); and assault and battery, G.”
Graham v. McGrail, 345 N.E.2d 888 (Mass. 1976).
· cites it 5× “We are asked to resolve a question under G. L. c. 268A, § 19 (a) , 2 inserted by St.”
Sciuto v. City of Lawrence, 452 N.E.2d 1148 (Mass. 1983).
· cites it 3× “On August 22, 1980, the plaintiffs commenced this action challenging past promotions of Patrick Schiavone as violations of the conflict of interest law (G. L. c. 268A, § 19), arguing that his appointment as chief would be unlawful, and contending that the August 14, 1980,…”
Piccuirro v. Gaitenby, 480 N.E.2d 30 (Mass. App. Ct. 1985).
· cites it 2× “” The judge cited G. L. c. 268A, § 19, which prohibits, with certain exceptions not applicable here, a municipal employee from participating in any matter in which he has a financial interest.”
Town of Nantucket v. Beinecke, 398 N.E.2d 458 (Mass. 1979).
“The complaint alleges an actual controversy between the plaintiff and the defendant over the rights of the town against the defendant under the Conflict of Interest Law, G. L. c. 268A, §§ 19, 20 (a), 21 (a). The complaint prays (a) for a declaration that the deed to the…”
McMann v. State Ethics Comm'n, 590 N.E.2d 693 (Mass. App. Ct. 1992).
· cites it 2× “268A, §§ 19 & 20, and assessed a civil penalty of $10,000 pursuant to G.”
Crall v. City of Leominster, 284 N.E.2d 610 (Mass. 1972).
“They likewise made no offer of proof, if any was required, and they did not in any other manner appearing in the record or transcript apprise the judge of the facts which they expected to prove on this issue.”
Commonwealth v. Cola, 468 N.E.2d 1094 (Mass. App. Ct. 1984).
· cites it 2× “133, 138 (1976) *607 (construing G.L.c. 268A, § 19[ a ], a parallel provision governing municipal employees); Sciuto v.”
Mass. Gen. Laws ch. 268A, § 19(a): 3 cases
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