THE COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE DEPARTMENT
STATE HOUSE, BOSTON 02133

BY HIS EXCELLENCY

WILLIAM F. WELD
GOVERNOR

EXECUTIVE ORDER NO. 346

ESTABLISHING A POLICY GOVERNING THE HIRING OF
STATE EMPLOYEES BY STATE CONTRACTORS IN
CONNECTION WITH PRIVATIZATION INITIATIVES

	WHEREAS, many state employees are involved in the process of
awarding state contracts to contractors engaged in the
privatization of state functions, and in supervising and
monitoring the work being performed by those contractors; and

	WHEREAS, the privatization of many functions and activities
previously performed by the state has been successful in
Massachusetts and elsewhere and is important to improving
efficiency and accountability in the provision of services to the
public; and

	WHEREAS, it is necessary to maintain public confidence in
the privatization process; and

	WHEREAS, the Commonwealth's conflict of interest law,
General Laws chapter 268A, contains many important restrictions
and constraints on the employment of state employees by state
contractors, but may not be adequate to satisfy the legitimate
concerns of the citizens with regard to the potential for abuse;
and

	WHEREAS, the Commonwealth's conflict of interest law,
General Laws chapter 268A, section 23(e), authorizes and
encourages state constitutional officers to establish and enforce
additional standards of conduct;

	NOW, THEREFORE, I, William F. Weld, Governor of the
Commonwealth, by virtue of the authority vested in me as Supreme 
Executive Magistrate, do hereby issue this Order and policy with 
regard to contracts for the privatization of services awarded by
the Commonwealth's executive offices and their agencies:

	I.   In the preparation of Requests for Proposals (RFPs) for
privatization projects, there shall be specifically included
language which puts all bidders on notice of both the conflict of
interest law and this order; and includes limitations regarding
the hiring of state employees by private companies contracting 
with the Commonwealth.

	II.  All contracts for the privatization of services shall
contain a specific prohibition against the hiring at any time
during the term of the contract, and for any position in the
contractor's company, any state management employee who is, was,
or will be involved in the preparation of the RFP, the
negotiations leading to the awarding of the contract, the
decision to award the contract, and/or the supervision or
oversight of performance under the contract.

	III. The Commissioner of Administration is hereby authorized
and directed to take immediate steps to implement this policy,
including the amendment of exiting privatization contracts and
the inclusion of appropriate restrictions in all prospective
privatization contracts.

Given at the Executive Chamber in
Boston this 2nd day of
December in the year of our Lord
one thousand nine hundred and 
ninety-two.

Argeo Paul Cellucci
Acting Governor
Commonwealth of Massachusetts

Michael Joseph Connolly
Secretary of the Commonwealth

GOD SAVE THE COMMONWEALTH OF MASSACHUSETTS