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MYCOCK, KILROY� GREEN & McLAUGHLIN P.C. <br /> ATTORNEYS AT LAW <br /> 171 MAIN STREET <br /> S MYCOCK HYANNIS, MASSACHLISETTS OZ1501 ADDRrSS ALL MAIL <br /> BERNARD T. KILROY ARIKA Coor 017 P.0. Box t4s <br /> ALAN A.FREEN 771-5070 HYANNIS,MASS. 02801 <br /> CHARLES S,M.LAUGHLIN,JR4 <br /> MICHAEL D,FORD <br /> ANIIIA J.MCCARTHY <br /> May 22 , 19181 <br /> Dr. Joseph F. Nicholson <br /> Superintendent Mashpee Public Schools <br /> Mashpee, MA 02649 <br /> Re: Peter Edqelv--Co'nflict of Interest <br /> Dear Mr, Nicholson: <br /> You have requested that I review the correspondence <br /> exchanged between Town Counsel of the Town of Mashpee and the <br /> Secretary of the Town of Mashpee, relative to the possible <br /> conflict of interest of Peter Edgerly, he having been elected <br /> to the Mashpee School Committee, while at the same time being <br /> a bus driver for a corporation that currently holds a school is <br /> bus contract with the Town. <br /> I am in essential agreement with the direction of which <br /> Town Counsel Joseph Reardon appears to be headed by his letter <br /> of March 16, 1981. <br /> There is no statutory or other authority of which I can <br /> locate instilling in the Board of Selectmen, or any other official <br /> group, any greater control or other prerogatives over a school <br /> committee by virtue of the selectmen designating the members of <br /> that committee "special municipal employees" , than would be the <br /> case were designation not made. <br /> Chapter 268A, section one distinguishes between "municipal <br /> employees" and "special municipal employees" . ordinarily, a person <br /> holding an office by virtue of election on a regular basis, with <br /> certain exceptions, is a municipal employee. A "special municipal <br /> employee" except for certain specific elected officials who are <br /> expressly excluded, are simply municipal employees that the Board <br /> of Selectmen can classify as "special municipal employees" under <br /> the terms and conditions of Chapter 268A, M.G.L. There are <br /> standards set out in the statute for the board of selectmen to <br /> apply in setting up the classifications of "special municipal <br /> employees " . The appropriateness of these standards, and their <br />