Example: An assistant district attorney is assigned to work on a grand jury investigation in which a witness is someone he knows from law school, such that the attorney is required to make a disclosure by M.G. L. c. 268A, § 23(b)(3). The attorney prepares two versions of the disclosure: a version containing all the facts, which he gives to his appointing authority, the District Attorney, and a version omitting confidential information, which the District Attorney maintains as a public record. After an indictment has been issued and the grand jury minutes disclosed to the defendant, the unredacted disclosure should be made publicly available.
Example: A state board investigates charges of misconduct by licensed professionals. The board's enabling act requires that board investigations be kept confidential. A witness in a board investigation is a long-time personal friend of a board member, such that, pursuant to M.G.L. c. 268A, § 23(b)(3), the board member is required to make a written disclosure to his appointing authority, the Governor, of his friendship with the witness prior to participating in decisions concerning the investigation, to avoid an appearance that he could be improperly influenced by that friendship. However, the statutory requirement of confidentiality prohibits the board member from disclosing facts about the investigation to the Governor. The board member prepares two versions of the disclosure: a full version, which he shares with the other members of the board, and a redacted version, which he provides to the Governor. Thereafter, the board member may participate in board action concerning the investigation.
Example: A select board will be asked to consider a matter by an applicant. One of the selectmen is an attorney who represents the applicant in an unrelated confidential legal matter. The selectman knows that his client wants his representation of the applicant in the unrelated matter to remain confidential. The selectman is unable to disclose his familiarity with the applicant, as required by M.G.L. c. 268A, § 23(b)(3), because his client's identity is protected by the attorney-client privilege. The selectman also cannot use the procedures set forth in 930 CMR 3.02(a) or (b) because the selectman has no appointing authority, and because he cannot share the fact that the applicant is his client with the other select board members. The selectman is required to abstain from participating in the matter in which the applicant is involved.
930 CMR, § 3.02