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Ethics Reform Bill

Ethics Reform Bill Signed into Law
On July 1, 2009, Governor Patrick signed into law Chapter 28 of the Acts of 2009, An Act to Improve the Laws Relating to Campaign Finance, Ethics and Lobbying.  

This landmark ethics reform bill strengthens the Ethics Commission’s ability to enforce the ethics laws, clarifies existing law, and emphasizes the importance of education and training for public employees.  Sections 61-97 contain the provisions of the bill relating to the conflict of interest law and the Ethics Commission’s powers and responsibilities, and these sections go into effect on September 29, 2009. 
 
Key components of the bill accomplish the following: 

  • Increase the maximum civil penalty from $2,000 to $10,000 (with the maximum civil penalty for bribery increased to $25,000);
  • Extend the statute of limitations period to five years from the date the Commission learns of the alleged violation, but no more than six years from the date of the last conduct relating to the alleged violation;
  • Strengthen the Commission’s summons authority by giving summonses issued by the Commission the force of a superior court order;
  • Clarify the prohibitions on the solicitation or acceptance of gifts by public employees by specifically prohibiting public employees from soliciting or accepting gifts of substantial value given to them for or because of their official position, and allowing the Commission to proceed against the giver of a prohibited gift in some circumstances;
  • Define presentation of a false or fraudulent claim to a public employer as a conflict of interest;
  • Authorize the Commission to order restitution and repayment of the amount of the economic advantage obtained by a violator of the law;
  • Impose on public employees mandatory educational and training requirements on the conflict of interest law (See Mandatory Education and Training Requirements for All Public Employees ); 
  • Require all municipalities to designate liaisons to the Commission;

Extend the prohibition against gifts from lobbyists to certain public officials to cover gifts of any kind or nature;
Add “executive agents” to the revolving door prohibitions currently applicable only to legislative agents.

G.L. c. 268A, The Conflict of Interest Law As Amended by c. 20, Acts of 2009 
G.L. c. 268B, The Financial Disclosure Law, As Amended by c. 20, Acts of 2009