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COov © �i1 U� REARDON & THOMAS <br /> ATTORNEYS AT LAW / <br /> CORNER OF BEARS E'S WAY AND BASSETT LANE <br /> POST OFFICE BOX 979 <br /> HYANNIS, MASSACHUSETTS 02601 <br /> JOSEPH J. REARDON <br /> 16171 771-4644 ORLEANS OFFICE <br /> WILLIAM W. THOMAS <br /> ADDRESS ALL CORRESPONDENCE TO HYANNIB ADDRESS <br /> 45 SOUTH ORLEANS ROAD <br /> BRADLEY J. BAILEY ROUTE 28 <br /> July 22 , 1983 ORLEANS, MASS. 02653 <br />•. 16171 255.3125 <br />_, Manuel Costa, Chairman <br /> Board of Appeals <br /> Town of Mashpee <br /> P. 0. Box 1108 <br /> Mashpee, MA 02649 <br /> RE; Conflict of Tnte'rest - <br /> Selectman Terry <br /> Dear Mr. Costa: <br /> In response to your request. for a legal opinion on an issue involving <br /> a possible conflict of interest , I am herein replying thereto. <br /> You have asked 'me if there is any conflict of interest present in <br /> the appearance before the Board of Appeals of attorneys associated <br /> in the practice of law with Selectman Richard Terry. <br /> I have reviewed your question and the applicable provisions of Chapter <br /> 268A of the Massachusetts General Laws. I am presuming that Selectman <br /> Terryis a Special Municipal Employee. I' 'am further presuming that <br /> members of his, law firm possessing a proprietary interest in the law <br /> firm are invplved in this issue . <br /> Chapter 268A, Section-' 18(d) prohibits any- partner of a present municipal <br /> employee from, acting as agent or attorney for anyone in connection with <br /> a particular matter in which the municipality is a party or has a direct <br /> and substantial interest and in which the municipal employee has ever <br /> participated or over which he has official responsibility. <br /> The office of Selectman doesnot participate in or have official <br /> responsibility over the functions of the Board of. Appeals . The <br /> existence of appointing authority residing in the Board of Selectmen <br /> was somewhat disturbing to me even though I concluded that there was <br /> no violation of the Conflict of Interest law. I sought assistance <br /> from th.e office of Counsel to the State Ethics Commission and I was <br /> informed that in their opinion there is no conflict of interest present . <br /> The revisions of ' Chapter 268A do not prohibit any partner or associate <br /> or employee of Selectman Terry' s firm from appearing before your Board <br /> as attorney' for an applicant seeking action on any issue within your <br /> jurisdiction. <br />