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.y <br /> i <br /> EOUISON, COSTELLO, C'ONNDON & PA F F, LA.IP <br /> E,d and Larkin, Chairman <br /> Charter Review C:onin-ittee <br /> May 21, 2014 <br /> Page <br /> members to serve thereon. Members of the Charter Review Committee are not compensated for <br /> their service- The Charter r eview Cornmince has met on multiple: occasions in a public forurn <br /> for the pcirpo e ofdiscussing potential amendments and/or revisions to the Maslipee Charter. <br /> Cin May 12, 201 , (he Charter Revie R Comm ittee convened a public hearing for the <br /> purpose of addressing specific proposed amendments to the 11 ashpee Charter and el r itin <br /> comment ftom the gen ral public regarding the san . A. long the proposed amendments which <br /> the Committee considered that evening was a proposed Charter amendment to convert the <br /> Finance Committee from an appointed body to an elected body of the Town. A motion fa <br /> inade to add this particular C Carter aaiendme t to the C Carter Rev1ew Corn m ittee's IIst of <br /> proposed amendments to be submitted to the gown Meeting. All members of the Charter <br /> eview C onimittee present at the publ is hearing, I:nel udin a the two ineinbers sery i ng ex c ficio a <br /> designees of the Finance Committee, voted on this inatt r. The motion to convert the Finfanee <br /> Committee from ars appointed to ars elected body was not approved, as a majority of the voMICY <br /> members present, inciuding the two Finance Comj:mittee designees, voted against the measure. <br /> menib r of the general Public who was present at the hearing asserted that the two <br /> Charter Review Committee members serving ex officio as members of the Finance Committee <br /> violated sonic unspecified section of the Conflict of Interest Law by'Participating in the subject <br /> vote. Based upon this aIle atio ,and similar concerns expressed by a Commatee ni leer, YOU <br /> have requested that I review the matter and provide a legal opinion as to whether any such <br /> violation has occurred. Members of municipal finance committees, even if they arC U11 aid and <br /> serve solely in an advisor y capacity, are-considered�� �unici,pa�l-e� p�l es and are.,.t�1ix ,, tl ject <br /> to the provisions o the Conflict of Interest Law,G.L. e. 8A. Similarly, m em-lvrs(if the <br /> C Carter Review Com niitte are S Axl -W.to said statate. whIIc the meniber ofth e pubiJ c who <br /> asserted'that the subject. Finance Comm i tteOCCarter Review Committee-memkrs violated the <br /> Cc n lict of I ter st Lav did not specify the mature of the alleged violation, l reviewed all <br /> -sections of c.268A In this reward nd l suggest that the ollowin gree sections of tl a tat��t <br /> .provide the only po.tentlaI bases for a Con 11ict of Interest viol ation under th e eircun1stance:s set <br /> IP <br /> forth above. <br /> L General Laws c.268&-. 1 Prohibited.Act. This se tion n r .11y prohibits <br /> a municipal employee from taking any official action on matters affecting his or <br /> her own financial iTiter sts or the financial interests of immediate family <br /> members, business partners,private employers, those with whom they are , <br /> ne otiatin. pro- .p etiv employment, or or ani at-ions for which-the .serve as-an <br /> o 111 cer, d ire etor,,partner or mistee. For.purposes of this section, a fi n n6a-1 <br /> interest r wt be direct and imi-nediate or reasonably foreseeable to create <br /> conflict. Finanirial interests which are remote, speculative or not sufficiently <br /> identifiable do not create conflicts. There is also an exemption to §19 for both <br /> appointed and elected employees Where the employee's task is to address a 111aller <br />