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eBook details

• Title: Massachusetts Bay Transportation Authority
• Author : Supreme Judicial Court of Massachusetts
• Release Date : January 11, 1993
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 71 KB

Description

Massachusetts Bay Transportation Authority, Retirement. Commonwealth, Officers and employees. Conflict of Interest. Words, ""State agency,"" ""Independent state . . . instrumentality."" GREANEY, J. The issue presented in this case is whether the Massachusetts Bay Transportation Authority Retirement Board (board) is a State agency, and its members and employees who administer the Massachusetts Bay Transportation Authority Retirement Fund (fund), are State employees subject to the strictures of G. L. c. 268A (1990 ed.), the State conflict of interest law. Prior to May, 1989, the State Ethics Commission (commission), the agency charged with civil enforcement of the conflict of interest law, had not asserted jurisdiction over the board or an entity similar to the board. In recognition that it is not readily apparent that the provisions of G. L. c. 268A apply to the board, the commission requested that the board seek a formal advisory opinion from the commission relative to its jurisdiction. The board complied with this request. One year later, the commission issued its advisory opinion in which it concluded that the board is a ""State agency,"" as defined in G. L. c. 268A, § 1 (p), and, therefore, its members and employees are ""State employees,"" as defined in G. L. c. 268A, § 1 (g), within the commission's jurisdiction. 3

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