This article establishes a standard of conduct for officials
and employees of the City of Springfield, consistent with MGL c. 268A,
§ 23.
A.
The City Clerk shall keep a docket, which may be in the form of an
electronic database. All information required to be filed under this
article shall be organized into the docket and shall be posted on
the City website and otherwise and be made available for public inspection
during normal business hours.
B.
Each municipal agent and lobbyist entity shall file an annual disclosure
statement with the City Clerk on forms prescribed and provided by
the City Clerk. The annual disclosure shall be completed not later
than December 15 of the year proceeding the disclosure year.
C.
A client retaining the services of a municipal agent or lobbyist
entity shall also file an annual disclosure statement with the City
Clerk on forms prescribed and provided by the City Clerk. The annual
registration shall be completed not later than December 15 of the
year proceeding the registration year.
D.
A client or lobbyist entity hiring, employing or agreeing to employ
a lobbyist entity or municipal agent after January 1 of the registration
year shall, within 10 days after such employment or agreement, cause
the name of the lobbyist entity or municipal agent to be registered
with the City Clerk as provided in this section. Notice of termination
of such employment shall also be filed promptly with the City Clerk
by the client, municipal agent, or lobbyist entity.
E.
The City Clerk shall assess each lobbyist entity an annual filing
fee of $500 to register the entity on the docket. The City Clerk shall
assess each municipal agent an annual filing fee of $100 upon entering
the agent's name on the docket. The City Clerk may, in his/her
discretion and upon written request, waive the filing fees for a not-for-profit
client or a lobbyist entity which registers to exclusively represent
not-for-profit clients.
F.
Upon registration, the City Clerk shall issue to each municipal agent
a nontransferable identification card that shall include the person's
name and photograph. All municipal agents shall submit three passport-sized
photographs to the City Clerk upon registration.
A.
No person shall make any agreement whereby any compensation or thing
of value is to be paid to any person contingent upon a decision as
described in the definition of "municipal agent," or the passage or
defeat of any permit, legislation or the approval or veto of any legislation
or permit. No person shall agree to undertake to influence such a
decision, or to communicate to influence such a decision or to promote,
oppose or influence legislation or to communicate with members of
the City Council, or to advocate approval or veto by the Mayor for
consideration to be paid upon the contingency of the outcome of such
a decision or that any legislation is passed or defeated. Determination
of such shall render the legislation or permit null and void.
B.
Nothing in this section shall be construed to prohibit any salesperson
engaging in legitimate City business on behalf of a company from receiving
compensation or a commission as part of a bona fide contractual arrangement
with that company.
A.
On or before the 15th day of July, complete from January 1 through
June 30; and the 15th day of January, complete from July 1 to December
31 of the preceding year, every municipal agent appearing on the docket
shall render to the City Clerk an itemized statement, under oath,
listing all campaign contributions as defined in MGL c. 55, § 1,
all expenditures, and the total amount thereof, incurred, contributed
or paid during the reporting period in the course of his/her employment
as a municipal agent and all expenditures made for or on behalf of
City officials and City employees incurred or paid during the reporting
period, except that the municipal agent shall not be required to report
such expenditures not in the course of his/her employment made for
or on behalf of the immediate family of such municipal agent or a
relative within the third degree of consanguinity of the municipal
agent or City employee or of his/her spouse or the spouse of any such
relative; and except that in the case of all expenditures, the municipal
agent shall not be required to itemize the expenditures of any one
day in which the amount incurred or paid did not total $35 or more.
Such itemized accounting shall include, but not be limited to, specific
expenditures for meals, gifts, transportation, entertainment, advertising,
public relations, printing, mailing and telephone; and shall also
include the names of the payees and the amount paid to each payee;
and shall further include the names of the candidate or political
committee to whom or to which the contribution was made, the amount
and date of each contribution, and the names of City employees and
officials for whom payments have been made.
B.
When such expenditure is for meals, entertainment or transportation,
said expenditure shall be identified by date, place, amount, and the
names of all persons in the group partaking in or of such meal, entertainment
or transportation. No expenditure shall be split or divided for the
purpose of evading any provision of this section. The City Clerk shall,
within 30 days of receipt of such accounting, notify persons whose
names appear therein as having received campaign contributions, meals,
transportation or entertainment as to the nature of the contribution
or expenditure claimed, the date and amount of the contribution or
expenditure, and the person or persons who reported the contribution
or expenditure.
C.
Every municipal agent shall include in the statement required by
this section a list of all matters the municipal agent acted to promote,
oppose or influence during the reporting period in the course of his/her
employment.
D.
The City Clerk shall assess a penalty for any statement which is
filed by a municipal agent later than the prescribed date or, if such
statement has been filed by mailing, where the postmark on such mailing
is later than the prescribed date. Said penalty shall be in the amount
of $100 when such statement has been filed 10 days late or less, and
in the amount of $200 when such statement is more than 10 days late.
E.
The City Clerk shall prescribe and make available the appropriate
statement forms, which shall be open and accessible for public inspection
during normal working hours.
F.
No municipal agent shall knowingly offer or knowingly give to any
City official or City employee or to a member of such person's
immediate family any gift of any kind or nature, nor knowingly pay
for any meal, beverage, or other item to be consumed by such City
official or City employee, whether or not such gift or meal, beverage
or other item to be consumed is offered, given or paid for in the
course of such agent's business or in connection with a personal
or social event; provided, however, that a municipal agent shall not
be prohibited from offering or giving to a City official or City employee
who is a member of his/her immediate family or a relative within the
third degree of consanguinity or of such agent's spouse or the
spouse of any such relative any such, gift or meal, beverage or other
item to be consumed.
No municipal agent shall knowingly or willfully offer or give
to a City employee or City official or member of such City employee's
or City official's immediate family and no City official or City
employee or member of such City official's or City employee's
immediate family shall knowingly and/or willfully solicit or accept
from any municipal agent gifts.
A.
Violation of any provision of this article shall be punished by a
fine of $300. In addition, the City Clerk shall report all violations
of this article immediately to the City Solicitor. Any person acting
as a municipal agent who, after being afforded a hearing and due process,
is found to have violated any provision of this article shall, in
addition to such fine, be disqualified from acting as a municipal
agent for a period of five years after such finding.
B.
The City Clerk shall inspect all statements required by this article
to be filed with him if it appears that any person has failed to file
such statement as required by said sections, or if it appears to the
City Clerk that any such statement filed with him does not conform
to law, the City Clerk shall within a reasonable time notify the delinquent
person, group or organization in writing.
C.
Upon failure to file a statement within 14 days after receiving notice
under this section, or if any statement filed after receiving notice
indicates any violation of this article, the City Clerk shall within
a reasonable time notify the District Attorney thereof and shall furnish
him with copies of all papers relating thereto.
The above §§ 38-14 through 38-19, inclusive, shall not apply to employees or agents of the commonwealth or of the City, or of the City's Redevelopment Authority, Housing Authority or Water and Sewer Commission who are acting in their capacity as such employees or agents or to any person requested to appear before any committee or official of the City. See also exemptions included in the definition of "act to communicate directly with a covered City official to influence a decision concerning policy, permitting or procurement" contained in § 38-2.
