Legislators Exempt from Conflict of Interest Law - Andrews Acted within the Law

Legislators Exempt from Conflict of Interest in Legislative Matters despite  Potential Financial Gain  - 
Andrews Acted within the Law

By Genevieve Fraser

I have received notification from the State Ethics Commission that the case has been closed on the Andrews Conflict of Interest investigation and warrants no further action.  Representative Andrews filed a disclosure regarding her employment with the Swiss-based pharmaceutical giant, Novartis, which exonerates her from conflict of interest as a cosponsor of major drug legislation filed in January 2011.

Though Massachusetts has one of the toughest Conflict of Interest laws in the country, state legislators exempted themselves from penalties.  According to the statute, they can participate in general legislation and home rule legislation even if they have a financial interest in such legislation, but state legislators and constitutional officers must file a disclosure if the matter will substantially affect their financial interests.

Working for a major industry and supporting legislation that benefits them is like being a covert lobbyist. It may be legal, but is it truly ethical? Ethics reform closed and barred the front door, but by allowing an exemption of this magnitude for legislators, they kept the back door wide open and ready for business. 

 

Because of this concern, I contacted Secretary of State Galvin's Office to see if legislator disclosure forms can be made public and put online, just as the Elections Division has made campaign contributor information publicly available online.  I was informed that the Legislature is exempt from the Public Records Disclosure Law, and the Secretary of State does not have jurisdiction.

 

I then contacted the House Clerk's Office in Boston and was informed that you can file a request on a specific legislator and review disclosure records, but these records will not be put online. They can only be accessed in person at the House or Senate Clerk's Office at the State House in Boston. 

If elected to serve as state representative for the 2nd Franklin District, I pledge to file legislation to end the exemption to the Massachusetts Conflict of Interest Law for state legislators and constitutional officers regarding  legislative initiatives.