The following policy is provided in its entirety.

Effective September 14, 1993
Every state employee in Massachusetts is bound by statutory prohibitions against conflicts of interest, as described in the State Ethics Statute (Chapter 268A, General Laws of Massachusetts.) Employees of the college are state employees for purposes of the statute and are subject to the statute.

Certain of the state restrictions are of special concern to the conduct of affairs within an academic community; and while the RESPONSIBILITY FOR COMPLIANCE (and penalties for violation) FALLS SOLELY ON THE INDIVIDUAL, the integrity of the entire community is put at risk if any of its members are guilty of unlawful conflicts.

Mindful of these concerns, the college has developed guidelines to address the particular provision of the State Ethics Statute that can be expected to be most relevant  to the persons employed by the college.  It is hoped that these guidelines will assist in avoiding conflicts of interest.

Section 7 of Chapter 268A bars every state employee from having a financial interest in any contract (other than his or her own contract of employment) in which the Commonwealth also has an interest.  This prohibition applies to every manner of contract between the Commonwealth and any of its employees, but it's most important consequence for employees of the college is that, with certain exceptions, it prohibits them from having a SECOND CONTRACT OF EMPLOYMENT (as an employee, consultant, independent contractor, or other) with any agency of the Commonwealth, including the college, unless one of a limited number of exemptions applies.

These guidelines are designed to help employees of the college identify and avoid any second contract of employment with the college that may constitute a conflict of interest prohibited by Chapter 268A, Section 7.

Scope of the Guidelines
These guidelines apply to every contract between the college (including any office, department, trust-funded activity, or other unit of the college) and any person who is an employee of the college if:

1.  the employee undertakes to perform services that are not encompassed by his or her regular employment; and
2. in exchange for those services, the employee is to receive compensation (money or other benefit of value) in addition to compensation attributable to regular employment.

Such contracts may, but need not be in writing or exhibit any formalities, so long as the employee of the college agrees to perform services not encompassed by his or her regular employment and does so in exchange for compensation.

These guidelines DO NOT apply where an employee of the college rendering services that fall within the general scope of his/her employment does so on an overtime basis, even if the overtime is voluntary.  Similarly, work performed by members of the faculty, or librarians, as alternative professional responsibilities under the collective bargaining agreement is not governed by these guidelines.  All such work, even if accompanied by a stipend, falls within the scope of such person's regular employment.

Prohibitions and Exceptions
No contract may be made between the college (including any office, department, trust-funded activity, or other unit of the college) and any person who is a permanent, full-time employee of the college, UNLESS:

1. It is a contract to teach (perform services as a teacher in a classroom, laboratory, studio, or field site) on a part-time basis, OR
2. It is a contract to perform other duties on a part-time basis that are related to teaching (whether or not the person doing so is also perform services as a teacher)
   such as:
   • Coaching
   • Doing work in connection with curriculum development
   • Selecting and evaluating teachers
   • Scheduling courses
   • Advising students
   • Performing other professional services that are directly related to the content of instructions or to the manner in which the instruction is given.

No contract to teach or perform other duties shall be made between the college and any employee, even under the exceptions stated above, if:

That employee participates in, or has official responsibility for the financial management of the college or the office, department, unit, trust fund, or program for which the services are to be provided

That employee has any official responsibility for recommending or deciding with whom the contract itself should be made

The duties to be performed under the contract are to be performed wholly or in part during hours when the employee's regular duties are normally performed.

Nothing in these guidelines shall be deemed to authorize the approval of any contract that is prohibited by law, regulation, policy or collective bargaining agreement, nor shall anything in these guidelines be deemed to require the approval of any contract.

Questions concerning the application of these guidelines in any particular situation should be addressed to the appropriate area head.  Employees are also advised that questions concerning the manner in which any provision of the State Ethics Statute applies to them individually can be addressed directly to:

State Ethics Commission
One Ashburton Place
Room 169
Boston, MA  02108-1501
Telephone: 617-727-0060.