A.
Any City official or City employee or candidate for elected office
shall be entitled to the opinion of the City Solicitor upon any question
arising under this chapter relating to the duties, responsibilities
and interests of such person. All requests for such opinions by a
subordinate official or employee shall be made in confidence directly
to the City Solicitor. The City Solicitor shall file such opinion
in writing with the City Clerk, and such opinion shall be a matter
of public record; however, no opinion will be rendered by the City
Solicitor except upon the submission of detailed existing facts which
pertain to a question of actual or prospective violation of any provision
of this chapter.
B.
Any person who acts in reliance on an opinion of the City Solicitor
shall be exempt from the penalties provided in this chapter if that
person has made a good faith disclosure of all material facts related
to the opinion.
[Amended 5-28-2009]
A.
There is established a Springfield Ethics Commission composed of
three members.
B.
One member of the Commission shall be appointed by the Mayor; one
member shall be appointed by the City Council; and one member shall
be appointed by the School Committee. The initial appointee of the
Commission appointed by the Mayor shall serve for a three-year term;
the initial appointee of the City Council shall serve for a two-year
term; and the initial appointee of the School Committee shall serve
for one year. Annually thereafter there shall be appointed one member
to serve for a three-year term.
C.
Members of the Commission shall serve for terms of three years.
D.
Not less than 30 days prior to making any appointment to the Commission,
the appointing official shall give public notice that a vacancy on
the Commission exists.
E.
No member or employee of the Commission shall:
F.
A member may be removed by the Mayor for cause, after charges preferred,
reasonable notice of the charges and a hearing.
G.
Any vacancy occurring on the Commission shall be filled within 90
days by the original appointing authority. A person appointed to fill
a vacancy occurring other than by expiration of a term of office shall
be appointed for the unexpired term of the member he succeeds.
H.
The Commission shall elect a Chairperson and Vice Chair. The Vice
Chair shall act as Chairperson in the absence of the Chairperson or
in the event of a vacancy in that position.
I.
Two members of the Commission shall constitute a quorum, and two
affirmative votes shall be required for any action or recommendation
of the Commission. The Chairman or any two members of the Commission
may call a meeting; advance notice of all meetings shall be given
to each member of the Commission and to any other person who requests
such notice.
J.
The Commission shall annually report to the Mayor and the City Council
concerning the action it has taken; the names and salaries and duties
of all individuals in its employ and the money it has disbursed; and
shall make such further reports on matters within its jurisdiction
as may appear necessary.
K.
The Commission shall utilize staff of the City Clerk's office
and Law Department, subject to appropriation, and such other staff,
including but not limited to clerks, accountants, and investigators,
as is necessary to carry out its duties pursuant to this chapter.
The City Clerk shall be responsible for the administrative operation
of the Commission and shall perform such other tasks as the Commission
shall determine. The City Solicitor shall be the chief legal officer
of the Commission. The Clerk and City Solicitor may employ, subject
to appropriation, the services of experts and consultants necessary
to carry out their duties. The Police Commissioner may make available
to the Commission personnel and other assistance as the Commission
may request.
A.
The Commission
shall:
(1)
Prescribe and publish rules and regulations to carry out this chapter,
including rules governing the conduct of proceedings hereunder.
(2)
Prepare and publish, after giving the public an opportunity to comment,
forms for the statements and reports required to be filed by this
chapter and make such forms available to any and all persons required
to file statements and reports pursuant to the provisions of this
chapter.
(3)
Prepare and publish methods of accounting and reporting to be used
by persons required to file statements and reports by this chapter.
(4)
Make statements and reports filed with the Commission available for public inspection and copying during regular office hours upon the written request of any individual who provides identification acceptable to the Commission, including his affiliation, if any, at a charge not to exceed the actual administrative and material costs required in reproducing said statements and reports; provided, however, that the Commission shall be authorized, in its discretion, to exempt from public disclosure those portions of a statement of financial interests filed pursuant to § 38-22 which contain the home address of the filer; and provided, further, that the Commission shall forward a copy of said request to the person whose statement has been examined.
(5)
Compile and maintain an index of all reports and statements filed
with the Commission to facilitate public access to such reports and
statements.
(6)
Inspect all statements of financial interests filed with the Commission
in order to ascertain whether any reporting person has failed to file
such a statement or has filed a deficient statement. If, upon inspection,
it is ascertained that a reporting person has failed to file a statement
of financial interests, or if it is ascertained that any such statement
filed with the Commission fails to conform with the requirements of
this chapter, then the Commission shall, in writing, notify the delinquent;
such notice shall state in detail the deficiency and the penalties
for failure to file a statement of financial interests.
(7)
Upon written request from a person who is or may be subject to the
provisions of this chapter, request the City Solicitor to render advisory
opinions on the requirements of this chapter. An opinion rendered
by the City Solicitor, until and unless amended or revoked, shall
be a defense in an action brought under this chapter and shall be
binding on the Commission in any subsequent proceedings concerning
the person who requested the opinion and who acted in good faith,
unless material facts were omitted or misstated by the person in the
request for an opinion. Such requests, insofar as they relate to this
chapter, but not insofar as they relate to the State Ethics Law, shall
be confidential; provided, however, that the Commission may publish
such opinions, but the name of the requesting person and any other
identifying information shall not be included in such publication
unless the requesting person consents to such inclusion.
(8)
Preserve all statements and reports filed with the Commission for
a period of six years from the date of receipt.
(9)
Act as a civil enforcement agency for violations of all sections
of this chapter.
B.
On or before February 1 of each year, the Chairman of the Commission shall request a list of all major policymaking positions and covered City officials for the governmental bodies listed in the definition of "City employee and City official" in § 38-2 of this chapter; and for each department or other governmental body covered by this chapter, the executive or administrative head of such department or governmental body; and such persons shall furnish such lists within 60 days. The Chairman may add any position that he determines to be a major policymaking position or covered City official in such governmental body to such list. Any person aggrieved by such action of the Chairman may appeal such action to the Commission.
A.
Any City official or City employee who violates this chapter shall
be subject to appropriate discipline by the appointing authority,
including suspension, termination or censure, consistent with any
requirements of the state civil service law and the City Charter,
as well as to civil or criminal prosecution under any other applicable
state laws.
B.
Alleged violations of the State Ethics Law or this chapter by the
Mayor, City Councilors, members of the School Committee and the Superintendent
of Schools shall be directly filed with the District Attorney and
the State Ethics Commission.
C.
Any person who has been convicted of a knowing or willful violation
of the State Ethics Law shall be deemed to have vacated his or her
office from the date of conviction, and shall not be eligible to serve
in any other elective or appointive office or position under the City.
D.
Any person, not otherwise provided for by this chapter, shall immediately
forfeit his or her office or position upon conviction for a knowing
or willful violation of this chapter.
E.
All City contracts shall include therein a clause for termination
in the event of a violation of this chapter in connection with the
bidding, awarding, administration or performance of the contract.
F.
Any permit, license, ruling, determination or other official action
taken in violation of this chapter shall be void; provided, however,
that in the event that voiding would substantially damage the City
or innocent third parties, then the City entity responsible for such
official action may, subject to the prior approval of the Mayor, preserve,
in whole or in part, the permit, license, ruling, determination or
other action.
G.
A knowing or willful violation of this chapter shall constitute a
misdemeanor and shall be punishable by a fine of not more than $300
per offense.
A.
The City may bring a civil action against any person who acted to
his or her advantage in violation of this chapter, to recover damages
in the amount of the economic advantage or $500, whichever is greater.
B.
Consistent with Section 21 of the State Ethics Law, the City may
recover the amount of any gift given in violation of Section 2 or
3 of the State Ethics Law.
C.
The City or any City agency may maintain an action for an accounting
for any economic benefit received by any person in violation of this
chapter or other law.
In the event of any conflict or inconsistency of this chapter
with any state law, the provision of broadest or most strict coverage
shall control. No provision of this chapter shall be construed so
as to be inconsistent with state law.
A.
The City Clerk shall cause a copy of this chapter to be distributed
to every elected and appointed City official or City employee within
30 days of their entering upon the duties of their office or employment.
The Personnel Director shall cause a copy of this chapter to be distributed
to all other employees of the City within 30 days of their entering
upon the duties of their employment.
B.
In order to assure that all City officials and City employees of
the City are familiar with their responsibilities and obligations
under this chapter and the State Ethics Law, the Mayor shall at regular
intervals provide for training on the meaning and application of this
chapter and the State Ethics Law and every elected and appointed City
official and City employee shall be required to attend at least one
such session after beginning the duties of his/her employment.
C.
On its website, the City shall provide a link to this chapter; the
Massachusetts State Ethics Commission (http://www.mass.gov/ethics/);
and the Massachusetts Office of Campaign and Political Finance, or
OCPF (http://www.mass.gov/ocpf).
No City official or City employee shall intimidate, threaten,
coerce, or otherwise take adverse action against any individual who
in good faith makes a complaint to the Mayor or the State Ethics Commission
regarding any alleged violation of this chapter or the State Ethics
Law by any City official or City employee.
This chapter shall become effective on February 1, 2009.
