August 19, 1982


FACTS:


You are a Special Consultant for a stare agency (ABC) where
you work thirty-five (35) hours a week. You are also employed as a
law clerk with a District Attorney's (DA) Office for which you
conduct legal research and write briefs at night for fifteen (15)
hours a week. You state that as an ABC employee you are not
involved in any DA activities. Both positions are summer jobs which
expire at the end of August, 1982.


QUESTION:


Whether you may continue your position with the DA's office
while also employed at ABC.



ANSWER:


Yes.



DISCUSSION:


As a Consultant for ABC you are a state employee for purposes
of the conflict of interest law. Since you are not an elected
official, and your employment is for less than 800 hours during the
preceding 365 days, you are a special state employee under G.L. c.
268A, s.1(o)(2)(b) and are subject to the conflict of interest law
in a less restrictive way.


Section 7 of G.L. c. 268A prohibits state employees from
having a direct or indirect financial interest in a contract made
by a state agency. Your contract with the DA's office would be such
a contract and your compensation financial interest in it. Section
7(d) exempts from this prohibition a special state employee who
does not participate [1] in or have official responsibility[2] for
any activities of the contracting agency, and who files a statement
with the Ethics Commission (EC) making full disclosure of his
interest and the interests of his immediate family in the contract.
Since as an ABC employee you are not involved in any DA activities,
and you have filed a disclosure form with the EC, you are exempt
from s.7. See e.g., EC-COI-81-147. The conflict of interest law,
therefore, does not prohibit your employment by both ABC and the
DA's office.


DATE AUTHORIZED: AUGUST 19, 1982

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[1] For purposes of G.L. c. 268A, "participate" is defined as
participate in agency action or in a particular matter personally
and substantially as a state...employee, through approval,
disapproval, decision, recommendation, the rendering of advice,
investigation or otherwise. G.L. c. 268A, s.1(j).


[2] For purposes of G.L. c. 268A, "official responsibility" is
defined as the direct administrative or operating authority,
whether intermediate or final, and either exercisable alone or with
others, and whether personal or through subordinates, to approve,
disapprove or otherwise direct agency action. G.L. c. 268A, s.1(i).

End of Decision