This chapter establishes a standard of conduct for City employees
and their immediate families and a standard of conduct for municipal
agents and lobbyists. It also establishes a requirement for the filing
of a statement of financial interests by candidates for elected office
and City officials.
Whenever used in this chapter, the following terms shall have
the following meanings unless the context requires otherwise:
Any direct communication by a person to such official by
telephone, mail, commercial messenger, facsimile transmission, electronic
mail, other direct means or in person, but shall not be deemed to
include the following activities:
A request for a meeting, a request for the status of an action
or any similar administrative request, if the request does not include
an attempt to influence a covered City official.
An act made in the course of participation in an advisory committee
or task force.
Providing information in writing in response to a written request
for specific information by an officer or employee of the City.
An act required by subpoena, civil investigative demand, or
otherwise compelled by statute, regulation or other action of the
City.
A communication made to a City official or employee with regard
to a:
Judicial proceeding or a criminal or civil law enforcement inquiry,
investigation or proceeding; or
Filing or proceeding that the City is specifically required
by statute or regulation to maintain or conduct on a confidential
basis, if the City is charged with responsibility for such proceeding,
inquiry, investigation or filing.
A petition or application for action by the City made in writing
and required to be a matter of public record.
An act made on behalf of an individual with regard to that individual's
benefits, employment or other personal matters.
A response to a request for proposals or similar invitation
by an officer or employee of the City for information relevant to
a contract.
Participation in a bid conference.
An appeal or request for review of a procurement decision.
Related by marriage.
A City official who is not an elected official.
Any corporation, partnership, sole proprietorship, firm,
franchise, association, organization, holding company, joint-stock
company, receivership, business or real estate trust, or any other
legal entity organized for profit or charitable purposes.
Any business in which a covered City official or a member
of his or her immediate family is a general partner, proprietor, officer
or other employee, including one who is self-employed, or serves as
a director, trustee or in any similar managerial capacity; and any
business more than 1% of any class of the outstanding equity of which
is beneficially owned in the aggregate by the covered City official
and members of his or her immediate family.
Any individual who seeks nomination or election to local
public office, as deemed by this article. For the purposes of this
chapter, an individual shall be deemed to be seeking nomination or
election to public office if he/she has:
Received a political contribution or made an expenditure, or
has given his/her consent for any other person or committee to receive
a political contribution or make an expenditure, for the purpose of
influencing his/her nomination or election to such office, whether
or not the specific public office for which he/she will seek nomination
or election is known at the time the political contribution is received
or the expenditure is made; or
Taken the action necessary under the laws of the commonwealth
to qualify himself/herself for nomination or election to such office.
The City of Springfield.
Any multiple-member body, any department, division, or office
of the City of Springfield.
Any person (including agents or employees acting within the
scope of their employment) who is paid from the City treasury or under
City auspices for goods or services, regardless of the nature of the
relationship of such person to the City for purposes other than this
chapter.
Any person who holds any elected or paid position in the City.
"City employee" and "City official" shall expressly include all members
of the following City boards and commissions, whether paid or unpaid:
Appeals (zoning), Board of.
Board of Assessors.
Conservation Commission.
Cultural Council, Springfield.
Election Commission, Springfield.
Ethics Commission, Springfield.
Historical Commission, Springfield.
Library Commission, Springfield.
License Commissioners, Board of.
Park Commission.
Personnel Board.
Planning Board.
Public Health Council.
Public Works, Board of.
Retirement Board.
Riverfront Development Commission.
School Building Commission.
School Committee.
Taxi and Livery Commission.
Traffic Commission.
Any other City board or commission that has authority to expend
public funds (other than to approve reimbursements for expenses) or
any City board or commission which has authority to grant or recommend
any license, permit, certificate, variance, site plan approval, or
any other permission or approval.
For purposes of this chapter, all officers and directors of
the Springfield Library Foundation, Inc. and members of the Barney
Trust Fund shall be considered a "City official."
Note: Persons who are not considered City employees under this
chapter may still be considered a "municipal employee" under the State
Ethics Law, MGL c. 268A.
An individual or business entity that contracts with another
individual or business entity to receive lobbyist services.
The State Ethics Commission.
Related by blood. The degree of relationship by consanguinity
between an individual and a relative is determined by the number of
generations that separate them. A parent and child are related in
the first degree; a grandparent and grandchild, in the second degree;
a great-grandparent and great-grandchild, in the third degree; and
so on.
Personal involvement in or direct supervisory responsibility
for the formulation or execution of a City contract, including, without
limitation, the preparation of specifications, evaluation of bids
or proposals, negotiation of contract terms or supervision of performance.
All officials elected by popular vote or the head, deputy
or assistant head of any department, board, commission or division
of the City government, and the Springfield public schools' superintendent,
assistant or deputy superintendents, business manager, Personnel Director,
and principals.
A financial interest, whether vested or contingent, legal
or beneficial, with a present fair market value of greater than $250,
which is distinguishable from that of the public generally.
Any position for which one is nominated at a local preliminary
election or elected at a local final election.
A City official who holds an elected office.
Any stock or similar ownership interest in a business.
A delivery of goods, payment, entertainment, subscription, advance
services or anything of value, unless consideration of equal or greater
value is received; or
The difference in an amount paid for goods or services less
their fair market value; but
It shall not mean a political contribution reported as required
by law, a commercially reasonable loan made in the ordinary course
of business, anything of value received by inheritance, or good or
services received from a relative within the third degree of consanguinity
of the recipient, the recipient's spouse or the spouse of any
such relative.
A decision that requires a City employee to use his or her
judgment or discretion.
Means, as it does in Chapter 268A of the General Laws, the
City employee or official and his/her spouse, and their parents, children,
brothers and sisters.
Income from whatever source derived, whether in the form
of a fee, salary, allowance, forbearance, forgiveness, interest, dividend,
royalty, rent, capital gain, or any other form of recompense or any
combination thereof; provided, however, that interest from savings
accounts or from government obligations other than those of the commonwealth
or any political subdivision thereof or any public agency or authority
created by the General Court, alimony and support payments, proceeds
from a life insurance policy, retirement or disability benefits, and
social security payments shall not be considered income for the purposes
of this chapter.
Ordinances, resolutions and proposals of every kind, character
or description considered by the City Council or any committee thereof.
An entity providing lobbyist services, consisting of at least
one municipal agent, including a foreign or domestic corporation,
association, sole proprietor, partnership, limited-liability partnership
or company, joint-stock company, joint venture or any other similar
business formation.
Any position for which one is nominated at a local preliminary
election or elected at a local final election.
A firm, company, partnership or person who for monetary compensation
or its equivalent does any act to influence the decision of any covered
City official where such decision concerns permitting, or the amendment,
adoption, defeat, postponement or enforcement related thereto, legislation
or the adoption, defeat or postponement of a standard, rate, rule,
enforcement or regulation pursuant thereto, or any act to communicate
directly with a covered City official to influence a decision concerning
policy or procurement, or a firm, company or partnership which employs
individuals for such purposes. The term "municipal agent" shall include
a person who, as part of his/her regular and usual business or professional
activities and not simply incidental thereto, attempts to influence
any such decision, whether or not any compensation in addition to
the salary for such activities is received for such services; provided,
however, that for the purposes of this definition a person shall be
presumed to engage in activity covered by this definition in a manner
that is simply incidental to his/her regular and usual business or
professional activities if he/she engages in any activity or activities
covered by this definition for not more than 50 hours during any reporting
period or receives less than $5,000 during any reporting period for
any activity or activities covered by this definition, or a firm,
company or partnership who employs individuals for such purposes.
For purposes of this definition, "reporting period" shall mean the
six-month periods from January 1 through June 30 and July 1 through
December 31.
A business, individual, corporation, union, association,
firm, partnership, committee, or other organization or group of persons.
A plan or course of action which is applicable to a class
of persons, proceedings or other matters and which is designed to
influence or determine the subsequent decisions and actions of any
covered City employee, including, but not limited to, a plan or course
of action which would constitute a "regulation." The term shall not
include the adjudication or determination of any rights, duties, or
obligations of a person made on a case-by-case basis, including but
not limited to the issuance or denial of a license, permit, or certification
or a disciplinary action or investigation involving a person.
A contribution of money or anything of value to an individual,
candidate, political committee, or person acting on behalf of an individual,
candidate or political committee, for the purpose of influencing the
nomination or election of said individual or candidate, or for the
purpose of promoting or opposing a Charter change, referendum question,
constitutional amendment, or other question submitted to the voters.
"Political contribution" includes any:
Gift, subscription, loan, advance, deposit of money, or thing
of value, except a loan of money to a candidate by a national or state
bank made in accordance with the applicable banking laws and regulations
and in the ordinary course of business;
Transfer of money or anything of value between political committees;
Payment, by any person other than a candidate or political committee,
or compensation for the personal services of another person which
are rendered to such candidate or committee;
Purchase from an individual, candidate or political committee,
or person acting on behalf of an individual, candidate or political
committee, whether through the device of tickets, advertisements,
or otherwise, for fund-raising activities, including testimonials,
held on behalf of said individual, candidate, or political committee,
to the extent that the purchase price exceeds the actual cost of the
goods sold or services rendered;
Discount or rebate not available to other candidates for the
same office and to the general public; and
Forgiveness of indebtedness or payment of indebtedness by another
person.
"Political contribution" shall not include the rendering of
services by speakers, editors, writers, poll watchers, poll checkers
or others, nor the payment by those rendering such services of such
personal expenses as may be incidental thereto, nor the exercise of
ordinary hospitality.
The buying, purchasing, renting, leasing or otherwise acquiring
or disposing, by contract or otherwise, of supplies, services or construction
or the acquisition or disposition of real property or any interest
therein, including, but not limited to, the purchase, lease or rental
of any such real property or the granting of easements or rights-of-way
therein; but not including any item of expenditure the value of which
is $25,000 or less.
A person who is related to an official or employee as a spouse,
as a descendent of any grandparent of such official or employee, whether
by the whole or half-blood or by adoption, or as the spouse of any
of the foregoing and any person who resides with an employee or an
official.
Anyone who is required to file a statement of financial interests pursuant to Article IV.
Chapter 268A of the General Laws.
