Special Municiple Employee - 1981 - Peter Edgerly

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Dr. Joseph F. Nicholson May 22 , 1981 Page two appropriateness so far as application to a school committee is concerned, is a matter to be resolved by the Board of Selectmen and is not a matter that needs concern the school committee itself, or Peter Edgerly. In other words, the term "special municipal employee" is a word of art, the definition of which has application only with respect to Chapter 8A, and does not carry on to any other provisions of the law. I have some doubt to whether the designation of the school committee members as "special municipal employees" is a necessary step for the protection of Peter Edgerly is against the criminal and other sanctions that could be imposed against him for violation of Chapter 268A. Section 20 of Chapter 268A is really the section that has the most direct application. It provides in pertinent part that a municipal employee that has a financial interest directly or indirectly under a contract made by a municipal agency, and he has knowledge of the contract shall be subject to penalties. There are a number of exceptions to the provisions of that statute. one exception is a municipal employee ""who does not participate in or have official responsiblity for any of the activities of the contracting agencies, if the contracts is made through competitive bidding. . . " and he and members of his family have less than a 10% interest in the contracting company. The operative words are "have official responsibility for any of the activities of the contracting agency. " I don't consider 11official responsibilities" the driving of a school bus,, as contemplated by that statute. A manager, corporate officer, or other person performing a discretionary function might be considered to be a person having "official responsibility" , but a bus driver who is simply doing what he is told to do in a ministerial way, hardly has "official responsibilities" . However, I do not want to second guess Town Counsel on this particular, because he may be aware of some opinion rendered by other communities or through his communications with the Attorney General ' s office, which cause him to believe that this exclusionary section does not have application. once Town Counsel has determined that the exclusionary section stated above does not have application, as he indirectly suggests by his letter of March 16, 1981 to the Executive Sec- retary, then one would appropriately skip down to another section of the exclusionary provisions which apply to special municipal employees. Remember that in the definition of such muncipal employees, there is a requirement that the classification of employees be designated by the Selectmen, as "special municipal employees" , therefore, once that designation is made, then if a person designated as part of a special municipal employees, files with the Clerk of the Town a statement making full disclosure of