March 7th, 2007
Posted by Casey Ross at 7:46 pm
It remains to be seen how deep the state’s ethics commission will dig, but the Republican Party’s filing of a formal complaint against Gov. Deval Patrick triggers an automatic review of his Ameriquest phone call.
Some legal experts say the call for a probe is partisan nonsense, while others say the complaint has merit. What’s clear in state law is that the ethics commission must conduct an initial review of the facts, and then decide whether a full-blown probe is warranted.
Here are the sections of state law cited by the state’s Republican Party in filing the ethics complaint: (The language calls for the judgment of “reasonable” people, so feel free to offer your thoughts here… The second portion of the entry is more relevant)
According to Chapter 268A: 23 of the Massachusetts General Laws, a public official must not:
(2) use or attempt to use his official position to secure for himself or others unwarranted privileges or exemptions which are of substantial value and which are not properly available to similarly situated individuals;
(3) act in a manner which would cause a reasonable person, having knowledge of the relevant circumstances, to conclude that any person can improperly influence or unduly enjoy his favor in the performance of his official duties, or that he is likely to act or fail to act as a result of kinship, rank, position or undue influence of any party or person. It shall be unreasonable to so conclude if such officer or employee has disclosed in writing to his appointing authority or, if no appointing authority exists, discloses in a manner which is public in nature, the facts which would otherwise lead to such a conclusion.
More:
http://www.bostonherald.com/blogs/politicsBlog/?p=592