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State Ethics Commission's Ruling

 Date: Mon, Nov 1, 2021 at 11:30 AM

Subject: Your Inquiry
To: Brunell, Catherine <cbrunell@natickps.org>

 

Ms. Brunell,

 

Per your request, I am writing to confirm the advice that I provided you over the phone regarding the conflict of interest law, G.L. c. 268A. 

 

You are a member of the Natick School Committee.  You advised that the School Committee is engaged in a comprehensive open space discussion.  One of the items coming before the School Committee in this regard involves the potential closure of the Johnson Elementary School.  The Johnson Elementary School is 0.3 miles from your house, and you have two children who are currently enrolled in the school.  The matter of the Johnson Elementary School appears to be intertwined for purposes of discussion and vote with the matter of the Memorial Elementary School.  For clarity, I will refer to these jointly as the Elementary School matters.  The School Committee is having a separate discussion and vote on High School matters. 

 

You inquired as to how the conflict of interest law would apply to you given the above facts. 

 

As we discussed, Section 19 of the conflict of interest law prohibits you from participating as a School Committee member in any particular matter in which you have a financial interest.  You have a presumed financial interest in the Elementary School matters given the proximity of your property to the Johnson Elementary School.  As such, you must recuse yourself from the Elementary School matters, including from any discussion and vote (and from acting on any emails sent to you as a School Committee member in this regard).  As a best practice, you should make a statement for the minutes stating that you are recusing yourself, and then leave the room while the matter is being addressed.  You may however speak from the audience as a member of the public as long as you do so only in your private capacity and only on behalf of yourself.  Note that, because the High School matters have been separated from the Elementary School matters, you may participate in the High School matters.  Additionally, if you obtain an independent real estate appraisal that concludes that the closure of the Johnson Elementary School would have no impact on your financial interests (e.g., would not affect the value of your property), then you may participate in the Elementary School matters as long as you have no other financial interest in the matter and file a Section 23(b)(3) disclosure with the Town Clerk.  If you obtain such an appraisal, you should contact me for further advice regarding whether you may have a financial interest given two of your children are enrolled in the Johnson Elementary School. 

 

I hope this advice has been helpful.  Let me know if you have any questions about this advice. 


                                     

                                     

State Ethics Commission

One Ashburton Place, Room 619

Boston, MA  02108





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