PERAC Memo #45 - 2009: Mandatory Ethics Training
Mandatory Ethics Training
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This memo notifies boards that under the 2009 Ethics Reform Law, board members and staff are considered public employees subject to mandatory conflict-of-interest education requirements administered by the State Ethics Commission. Boards must distribute the Commission's Summary of the Conflict of Interest Law to all covered individuals by December 28, 2009 (and annually thereafter, or within 30 days for new members/employees), retain signed acknowledgments, and ensure all covered persons complete the online ethics training by April 2, 2010 (and every two years thereafter), retaining completion certificates for six years. Boards should also forward copies of acknowledgments and certificates to the appointing authority for non-elected board members and note that related Open Meeting Law amendments will take effect July 1, 2010, with further guidance to follow.
Full Text
MEMORANDUM #45, 2009 M E M O R A N D U M TO: All Retirement Boards FROM: Joseph E. Connarton, Executive Director RE: Mandatory Ethics Training DATE: December 1, 2009 The recently enacted Ethics Reform (Chapter 28 of the Acts of 2009) created mandatory education and training requirements for all public employees. The provisions of the law become effective on varying dates. PERAC will be updating the Retirement Boards as the provisions are to be implemented. The Ethics Commission has ruled that Retirement Boards and their staff are municipal employees within the meaning of G.L. c. 268A (EC-COI-00-2). As a result, Retirement Boards and their staff must comply with the provisions of the new reform law. Retirement Boards that are State agencies must comply with the instructions issued by the Ethics Commission for State Agencies. The law also provides that an employee of a private firm may also be a public employee for purposes of the conflict of interest law and the new training and education requirements. If a Retirement Board contracts for the personal services of a particular individual employed by a private firm, then the particular employee is a public employee for purposes of the conflict of interest law. The Ethics Commission provides an example in its implementation memoranda: [I]f a public agency hires a real estate consulting firm to provide development services, and the contract specifies that a particular partner will provide those services, then the partner is a public employee. By contrast, if a school department contracts with a school bus company to drive its students and the company can assign any of its drivers to do that work, the drivers are not public employees for conflict of interest law purposes. Information on the implementation of this law can be found on the Ethics Commission website, accessible through the related sites tab on PERAC’s web page. DISTRIBUTION OF CONFLICT OF LAW SUMMARY Each person subject to the new requirements must be provided with a copy of the Ethics Commission’s Summary of the Conflicts of Interest Law on or before December 28, 2009 and annually thereafter. The Summary is posted on the Ethic’s Commission website, and contains a space at the end for the individual to acknowledge receipt. New Board members and employees are to be provided with the Summary within 30 days of becoming a Board member or being employed by the Board. The acknowledgements of the receipt of the summary should be retained in a file maintained by the Board. A copy of the acknowledgement should also be provided to the appointing authority of those members of the Board other than the elected members. ONLINE TRAINING PROGRAMS Each person subject to the new requirements must complete the ethics training program on the Ethics Commission’s website on or before April 2, 2010 and every two years thereafter. New Board members and new employees must complete the training within 30 days of becoming a Board member or being employed by the Board. The individual must provide a certificate on completion to his or her employer. This certificate is issued upon successful completion of the training program, and must be retained in a file maintained by the Board for 6 years. A copy of the certificate should also be provided to the appointing authority of those members of the Board other than the elected members. Board members and Board employees should print out a copy of the certificate for their own records. OPEN MEETINGS LAW In addition to the portion of the new law dealing with ethics, there are amendments to the Open Meeting Law. These amendments become effective on July 1, 2010. PERAC will update the Boards relative to pertinent provisions as the implementation begins in 2010. If you have questions, please feel free to contact PERAC or the State Ethics Commission.