Topic: Ethics-Municipal Employee Holding Two Jobs

Author: Robert S. Mangiaratti, Esq.

Dear John

You requested an opinion about applicable ethical considerations arising from a situation where a full time municipal employee holds a second part-time job with the Town. I understand that the issue has arisen because the Pleasantville school department employs a Pleasantville police officer as a part time truant officer.

Generally, M.G.L. c. 268A, §20 prohibits a person from holding more than one paid position for the Town. The underlying policy of the statute is to avoid a public perception that municipal employees have an “inside track” on getting municipal jobs. Section 20 (b) however sets out an exception to the general rule that may be applicable to the situation of a Pleasantville police officer also serving as a part-time truant officer for the Pleasantville school department. The following is a detailed outline of the exception and how it may be applied in this case:

  1. A municipal employee may not have a second job with the same municipal agency. In this case the school department and the police department are clearly different agencies of the Town.
  1. An employee may not work for a department which regulates the activities of the department providing the second job. The police department does not regulate the activities of the school department.
  1. The employee does not have any official responsibility for the activities of the department providing the second job. In this case the person serving as a truant officer may not have any other responsibilities connected to the school department.
  1. The public must be given prior notice of the job vacancy. In this case I recommend that the school department advertise a vacancy for the position of truant officer in the same manner that it advertises other available school positions.
  1. A Pleasantville police officer who also serves as a Pleasantville truant officer must file with the town clerk a disclosure of his or her financial interest in the second job.
  1. The services of the truant officer must be provided outside the police officer’s normal working hours.
  1. The services rendered as a truant officer may not be required as part of the police officer’s regular duties.
  1. The police officer may not be compensated for truant officer work for more than 500 hours in a calendar year.
  1. The superintendent of schools must file a written certification with the town clerk that no employee of the school department is available to perform the duties of a truant officer as part of his or her regular duties.
  1. The board of selectmen must vote to approve the application of this exemption under M.G.L. c. 268A to the employment of the police officer as a part time truant officer.

A Pleasantville police officer may serve as a part-time truant officer for the Pleasantville school department if each of these ten items have been fulfilled. Otherwise, a violation of M.G.L. c. 268A, §20 will exist.

I hope that you find this information useful. Please contact me if I may be of any further assistance.