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12/20/2012 SEWER COMMISSION Minutes
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12/20/2012 SEWER COMMISSION Minutes
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Mashpee_Meeting Documents
Board
SEWER COMMISSION
Meeting Document Type
Minutes
Meeting Date
12/20/2012
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member of his immediate family(parents, children, siblings, spouse, and spouse's <br /> parents, children, and siblings)has a financial interest. He also may not participate in any <br /> particular matter in which a prospective employer, or a business organization of which he <br /> is a director, officer, trustee, or employee has a financial interest. Participation includes <br /> discussing as well as voting on a matter, and delegating a matter to someone else. <br /> A financial interest may create a conflict of interest whether it is large or small, and <br /> positive or negative. In other words, it does not matter if a lot of money is involved or <br /> only a little. It also does not matter if you are putting money into your pocket or taking it <br /> out. If you, your immediate family, your business, or your employer have or has a <br /> financial interest in a matter, you may not participate. The financial interest must be <br /> direct and immediate or reasonably foreseeable to create a conflict. Financial interests <br /> which are remote, speculative or not sufficiently identifiable do not create conflicts. <br /> Exvanzple of violation : A school committee member's wife is a teacher in the town's <br /> public schools. The school committee member votes on the budget line item for teachers' <br /> salaries. <br /> Example of violation : A member of a town affordable housing committee is also the <br /> director of a non-profit housing development corporation. The non-profit makes an <br /> application to the committee, and the member/director participates in the discussion. <br /> E.xanaple : A planning board member lives next door to property where a developer plans <br /> to construct a new building. Because the planning board member owns abutting property, <br /> he is presumed to have a financial interest in the matter. He cannot participate unless he <br /> provides the State Ethics Commission with an opinion from a qualified independent <br /> appraiser that the new construction will not affect his financial interest. <br /> In many cases, where not otherwise required to participate, a municipal employee may <br /> comply with the law by simply not participating in the particular matter in which she has <br /> a financial interest. She need not give a reason for not participating. <br /> There are several exemptions to this section of the law. An appointed municipal <br /> employee may file a written disclosure about the financial interest with his appointing <br /> authority, and seek permission to participate notwithstanding the conflict. The appointing <br /> authority may grant written permission if she determines that the financial interest in <br /> question is not so substantial that it is likely to affect the integrity of his services to the <br /> municipality. Participating without disclosing the financial interest is a violation. Elected <br /> employees cannot use the disclosure procedure because they have no appointing <br /> authority. <br />
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