Facts
You are an employee of the Executive Office of Elder Affairs (EOEA), a state agency responsible for planning, developing and implementing elderly housing programs. The EOEA budget for the current fiscal year includes an appropriation authorizing EOEA to contract with a non-profit organization (NPO) to conduct public education, advocacy, research and evaluation of elder equity conversion activities. St. 1986 c. 206, § 2 Item 9110-1665. Among the budgetary conditions for the authorization is that the board of directors of the NPO consist of representatives from the Executive Offices of Consumer Affairs, Community Development and EOEA.[1]
Question
Assuming that an EOEA employee is designated to the board of directors of the NPO, what restrictions does G.L. c. 268A place on the employee?[2]
Answer
The employee may serve on the NPO board of directors, subject to certain limitations.
Discussion
1. Section 4(c)
Under this section, a state employee may not act as the agent of the NPO in relation to any contract, application or other particular matter[3] in which the commonwealth or a state agency is a party or has a direct and substantial interest. For example, the designated employee could not appear on behalf of the NPO in support of the NPO's funding application to EOEA. On the other hand, the employee could participate as a board member in general policy discussions concerning the implementation of the promotion, counselling and educational functions of the NPO. Compare, EC-COI-83-145; In the Matter of James Collins, 1985 Ethics Commission 228.
2. Section 6
This section places limitations on the official EOEA activities of the employee designated to serve on the NPO board. Under § 6, an EOEA employee may not participate in any official capacity in any contract, determination or other particular matter in which the NPO has a financial interest. While an exemption from § 6 is available from the employee's appointing official, specific notifications and disclosures must be made as a condition to granting any such exemption. See, G.L. c. 268A, § 6 (paragraph 2). Absent the granting of an exemption, the employee must abstain from participating as an EOEA employee from any matter in which the NPO has a financial interest.
End Of Decision