Section 6. (a) Except as permitted by this section, any state employee who participates as such employee in a particular matter in which to his knowledge he, his immediate family or partner, a business organization in which he is serving as officer, director, trustee, partner or employee, or any person or organization with whom he is negotiating or has any arrangement concerning prospective employment, has a financial interest, shall be punished by a fine of not more than $10,000, or by imprisonment in the state prison for not more than 5 years, or in a jail or house of correction for not more than 2 1/2 years, or both.
Any state employee whose duties would otherwise require him to participate in such a particular matter shall advise the official responsible for appointment to his position and the state ethics commission of the nature and circumstances of the particular matter and make full disclosure of such financial interest, and the appointing official shall thereupon either
(1) assign the particular matter to another employee; or
(2) assume responsibility for the particular matter; or
(3) make a written determination that the interest is not so substantial as to be deemed likely to affect the integrity of the services which the commonwealth may expect from the employee, in which case it shall not be a violation for the employee to participate in the particular matter. Copies of such written determination shall be forwarded to the state employee and filed with the state ethics commission by the person who made the determination. Such copy shall be retained by the commission for a period of six years.
[There is no subsection (b).]
Structure Massachusetts General Laws
Part IV - Crimes, Punishments and Proceedings in Criminal Cases
Title I - Crimes and Punishments
Chapter 268a - Conduct of Public Officials and Employees
Section 2 - Corrupt Gifts, Offers or Promises to Influence Official Acts; Corruption of Witnesses
Section 6 - Financial Interest of State Employee, Relative or Associates; Disclosure
Section 6a - Conflict of Interest of Public Official; Reporting Requirement
Section 6b - Candidates for Employment as State Employee; Disclosure of Relation to State Employee
Section 7 - Financial Interest in Contracts of State Agency; Application of Section
Section 8 - Public Building or Construction Contracts
Section 8a - Members of State Commissions or Boards; Prohibited Appointments to Other Positions
Section 8b - Members of Commonwealth Utilities Commission; Prohibited Lobbying Activities
Section 10 - Opinions of State Ethics Commission
Section 13 - Financial Interest of County Employee, Relatives or Associates; Disclosure
Section 14 - County Employees; Financial Interest in Contracts of County Agency
Section 19 - Municipal Employees, Relatives or Associates; Financial Interest in Particular Matter
Section 21b - Prospective Municipal Appointees; Demanding Undated Resignations Prohibited
Section 22 - Opinions of Corporation Counsel, City Solicitor or Town Counsel
Section 23 - Supplemental Provisions; Standards of Conduct
Section 23a - Trustees of Public Institutions of Higher Learning; Prohibited Positions
Section 24 - Disclosures and Certifications; Form; Public Inspection
Section 26 - Penalty for Violations of Clause (B)(2) or (B)(4) of Sec. 23
Section 27 - Publication of Summaries of Chapter 268a; Filing of Acknowledgment by Employees