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TITLE 1. GENERAL PROVISIONS
CHAPTER 25. GOVERNMENTAL ETHICS
SUBCHAPTER 2. LEGISLATIVE ETHICS
§ 1015. Actions precluded; reports
1. ACTIONS PRECLUDED. When a member of the Legislature has a conflict of interest, that member has an affirmative duty not to vote on any question in connection with the conflict in committee or in either branch of the Legislature, and shall not attempt to influence the outcome of that question.
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Me. Rev. Stat. Ann. tit. 1, §§ 1015 (2008).
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TITLE 1. GENERAL PROVISIONS
CHAPTER 25. GOVERNMENTAL ETHICS
SUBCHAPTER 2. LEGISLATIVE ETHICS
§ 1014. Conflict of interest
1. SITUATIONS INVOLVING CONFLICT OF INTEREST. A conflict of interest shall include the following:
A. Where a Legislator or a member of his immediate family has or acquires a direct substantial personal financial interest, distinct from that of the general public, in an enterprise which would be financially benefited by proposed legislation, or derives a direct substantial personal financial benefit from close economic association with a person known by the Legislator to have a direct financial interest in an enterprise affected by proposed legislation.
B. Where a Legislator or a member of his immediate family accepts gifts, other than campaign contributions duly recorded as required by law, from persons affected by legislation or who have an interest in a business affected by proposed legislation, where it is known or reasonably should be known that the purpose of the donor in making the gift is to influence the Legislator in the performance of his official duties or vote, or is intended as a reward for action on his part.
C. Receiving compensation or reimbursement not authorized by law for services, advice or assistance as a Legislator.
D. Appearing for, representing or assisting another in respect to a claim before the Legislature, unless without compensation and for the benefit of a citizen.
E. Where a Legislator or a member of his immediate family accepts or engages in employment which could impair the Legislator's judgment, or where the Legislator knows that there is a substantial possibility that an opportunity for employment is being afforded him or a member of his immediate family with intent to influence his conduct in the performance of his official duties, or where the Legislator or a member of his immediate family stands to derive a personal private gain or loss from employment, because of legislative action, distinct from the gain or losses of other employees or the general community.
F. Where a Legislator or a member of his immediate family has an interest in legislation relating to a profession, trade, business or employment in which the Legislator or a member of his immediate family is engaged, where the benefit derived by the Legislator or a member of his immediate family is unique and distinct from that of the general public or persons engaged in similar professions, trades, businesses or employment.
2. UNDUE INFLUENCE. It is presumed that a conflict of interest exists where there are circumstances which involve a substantial risk of undue influence by a Legislator, including but not limited to the following cases.
A. Appearing for, representing or assisting another in a matter before a state agency or authority, unless without compensation and for the benefit of a constitutent, except for attorneys or other professional persons engaged in the conduct of their professions.
1) Even in the excepted cases, an attorney or other professional person must refrain from references to his legislative capacity, from communications on legislative stationery and from threats or implications relating to legislative action.
B. Representing or assisting another in the sale of goods or services to the State, a state agency or authority, unless the transaction occurs after public notice and competitive bidding.
3. ABUSE OF OFFICE OR POSITION. It is presumed that a conflict of interest exists where a Legislator abuses his office or position, including but not limited to the following cases.
A. Where a Legislator or a member of his immediate family has a direct financial interest or an interest through a close economic association in a contract for goods or services with the State, a state agency or authority in a transaction not covered by public notice and competitive bidding or by uniform rates established by the State, a state agency, authority or other governmental entity or by a professional association or organization.
B. Granting or obtaining special privilege, exemption or preferential treatment to or for oneself or another, which privilege, exemption or treatment is not readily available to members of the general community or class to which the beneficiary belongs.
C. Use or disclosure of confidential information obtained because of office or position for the benefit of self or another. |
Me. Rev. Stat. Ann. tit. 1, §§ 1014 (2008). |
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