Prior to the vote, Selectman Voas stated that he wasnt sure if voting for his niece was a conflict of interest to which Selectman Saad stated, not as long as you disclose it. 6 Section II of the State EthicsCommission Advisory No. 05-01 states: Public employees must avoid conduct that creates a reasonable impression that any person may improperly influence them or unduly enjoy their official favor, or that they are likely to act (or fail to act)
State EthicsCommission, 414 Mass. 582, 587 (1993) (finding that whether an entity performs some "essentially governmental function" is one of the factors to determine whether that entity is subject to the state Conflict of Interest Law, G.L. c. 268A).
We refer the complainant to the State EthicsCommission for further information. O it did not specify the names of the individuals who had applied. The Board held the November 18, 2015 meeting as planned, during which the late applicant was selected to serve on the search committee. DISCUSSION The Open Meeting Law requires public bodies to post notice of all meetings. G.L. c. 30A, 20(b).
During its May 8, 2018 meeting, the Board convened in executive session to discuss, in part, a letter the Board had received from the Massachusetts State EthicsCommission (the Ethics Commission) concerning a complaint it had filed with the Ethics Commission against the complainant in his capacity as a Sewer Commissioner regarding a proposed sewer line. The Board had previously discussed filing such a complaint in open session.
Sollog requested the following records: [1] Any communications during the stated period related to required or voluntary disclosures filed by [an identified individual] or requested by Town of Truro staff or officials[;] [2] Any communications during the stated period on which [an identified individuals] name appears as a recipient, sender, or in the title or text of such communications with the State EthicsCommission; with the State Elections Division
The AGO references its referral letter to the State EthicsCommission (Commission) and indicates that Mr. Powers should use that as guidance concerning records associated with its investigation for which it would be the proper custodian, if he wishes to submit a public records request for such records.
We also decline to review this allegation and refer the complainant to the State EthicsCommission, which enforces the Commonwealths Conflict of Interest Law.
If the complainant is concerned that a public employee may have a conflict of interest, then he may file a complaint with the State EthicsCommission. 2 We understand that there was a misunderstanding when the Board received this complaint, and that it did not initially recognize the complaint as distinct from a separate complaint fded by Mr. Schlichte.
State EthicsCommission, 96 Mass. App. Ct. 221, 226-227 (2019). The plaintiff bears the burden of demonstrating the invalidity of the challenged decision. See Merisme v. Board of Appeal on Motor Vehicle Liab. Policies and Bonds, a Mass. App. Ct. 470, 474 (1989).
Herman's request "to be in reference to the 'financial penalty' referred to in the December 12, 2017 Public Education Letter issued by the State EthicsCommission in connection with its preliminary inquiry into an issue self-reported by" the identified individual. The School indicated that the only record responsive to Mr.