08/23/1994 ECONOMIC DEV AND INDUSTRIAL COMMITTEE Minutes

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street, public way or private way, or they are an abutter to an abutter within 300 feet of the property line); they are a "person aggrieved" for the purposes of G.L. c. 131, the Wetlands Protection Act (see 310 CMR 10.04); or the matter would otherwise alter their property value, rights, or utilization. For example, property owners are presumed to have a financial interest in zoning changes, variances, nearby subdivision or development approvals, and roadway, sewerage or safety improvements. Three statutory exemptions can, in certain instances, allow public employees to take official actions which would otherwise be prohibited: Public employees may act on matters of general legislation, and certain home-rule petitions. For example, public employees may draft, promote or oppose general legislation, or legislation related to a municipal government's organization, powers, duties, finances or property. Note that matters involving other types of "special legislation", regulations or administrative policies are not eligible for this exemption. For more information about this exemption, or for a determination as to whether a bill is "general legislation" or "special legislation", contact your city solicitor or town counsel, your agency legal counsel or the Legal Division of the State Ethics Commission. Before taking an official action regarding an abutting property, an appointed employee must advise his appointing authority of the nature of the private financial interest in the matter, and receive a written determination from the appointing authority that the interest involved "is not so substantial as to be deemed likely to affect the integrity of the services" which the public expects from the employee. State and county employees must file copies of these determinations with the State Ethics Commission. This exemption is not available to elected officials. A municipal employee may act on municipal ordinances, bylaws and other matters of "general policy", provided that the issue affecting the private financial interests also affects a "substantial segment" of the municipality's population. The Ethics Commission has previously ruled , that 10% of a municipality's population is a "substantial segment" for the purposes of the conflict law; therefore, municipal employees may clearly act on matters affecting their own financial interests, or other private interests, if the matter also affects at least 10% of their municipality's residents (as determined by the most recent census). Note, however, that there is no legal precedent precisely defining the percentage that would constitute a "substantial segment" of the population. For more information about this exemption, or for a ruling as to whether a population segment smaller than 10% is "substantial", please contact the Legal Division of the State Ethics Commission at (617) 727-0060. Commission Fact Sheets are prepared and issued by the Public Education Division of the State Ethics Commission. They are intended to provide guidance to public officials and employees concerning practical applications of the conflict law. For more information, please contact the Legal Division of the State Ethics Commission at (617) 727-0060. ISSUED: November 1987 REVISED: October 1991 REVISED: August 1994