§ 2-78. Penalties.

(a)

Any employee or official who violates this division shall be subject to appropriate discipline by the appointing authority including suspension, termination or censure, consistent with any requirements of the state civil service law and the city Charter, as well as to civil or criminal prosecution under any other applicable state laws.

(b)

Alleged violations of the state ethics law or this division by the city councilors, members of the school committee, the superintendent of schools, and the city manager shall be directly filed with the state ethics commission.

(c)

Any city councilor who has been convicted of a knowing or willful violation of the state ethics law or this division shall be deemed to have vacated the office from the date of conviction, and shall not be eligible to serve in any other elective or appointive office or position under the city.

(d)

Any officer or employee not otherwise provided for by this division shall immediately forfeit the office or position upon conviction for a knowing or willful violation of this division.

(e)

All city contracts shall include therein a clause for termination in the event of a violation of this division in connection with the bidding, awarding, administration or performance of the contract.

(f)

Any permit, license, ruling, determination or other official action taken in violation of this division shall be void; provided, however, that in the event that voiding would substantially damage the city or innocent third parties, then the city entity responsible for such official action may, subject to the prior approval of the city manager, preserve, in whole or in part, the permit, license, ruling, determination or other action.

(g)

A knowing or willful violation of this division shall constitute a misdemeanor and shall be punishable by a fine of not more than $300.00 per offense.

(Code 1994, § 1-37)

State law reference

Penalty for ordinance violations, M.G.L. c. 40, § 21D.