Massachusetts General Law Chapter 268A

This is the State Ethics Law. Chapter 268A of the Mass General Laws require that state employees be trained every couple of years on "ethics." As public employees we have to be sure that our private, financial, and personal relationships do not conflict with our public obligations. This law governs what you may do on the job, what you may do after hours, and what you may do after you leave public service.

Upon completion of the training, there was a 25 question test to complete. I printed the test out because it was a more concrete example than the abstract governmentese explanation of the law. Some things surprised me, but others were common sense. I'll give you an example:

You administer tests for the Board of Registration, which provides professional licenses to individuals who receive a grade of 70 of better on the tests. May you accept a $ 100 bill from a test taker to ensure that his test receives a grade of 70?

Of course not. That's a bribe. Easy question.

Try this one. You are a former assistant attorney general whose responsibility involved consumer fraud litigation for the state. You successfully sued a mortgage company for predatory lending practices. You now represent private clients in litigation matters. Can you represent the mortgage company in its appeal of the court decision fining it million of dollars?


If you think that this appeal is a different matter than the original litigation, you are correct in a way, but it doesn't matter. It's related, so you are wrong. If you think that you are no longer a state employee so it shouldn't matter, you are wrong, again. You were involved, and so still are.

There is a conflict of interest here. The conflict of interest law bars a person who worked on a matter while a state employee from ever working in connection with that same matter for a private party when he leaves state service, whether or not he is compensated.

Fortunately, the State Ethics commission provides free, confidential legal advice about how the law applies in a particular situation. So even if one flunks the test, he can ask the experts.