Special State Employee Legal Opinions, G.L. c. 268A, § 1(o)

Legal Opinions issued by the Ethics Commission on the definition of "special state employee".

• EC-COI-06-5

  Human Rights Committees for the Department of Mental Retardation's state-operated facilities are state agencies, and their members are special state employees subject to the conflict of interest law, G.L. c. 268A. This conclusion also applies to Human Rights Committees for private providers.

• EC-COI-05-2

  The Commission concluded that the School Building Authority is subject to the conflict of interest law based on express language in St. 2004, c. 208, which created the Authority and which specifies that the Authority's operations "shall be subject to G. L. c. 268A." In addition, the Commission concluded that the School Building Advisory Board is subject to G. L. c. 268A because the Board was created by statute; it will have formal procedures and work product; it was the clear intent of the Legislature to have the Authority's operations subject to c. 268A; and the Board develops governmental policy.

• EC-COI-87-26

  A former state employee who has recently become a special assistant attorney general may privately represent a client in the appeal of an adverse ruling by a state agency which will be represented by another bureau in the attorney general's office. Under section 23, the special attorney general is prohibited from disclosing confidential information obtained on the job and from using his official position to benefit his private client.

• EC-COI-87-23

  Section 3 prohibits a state agency head from receiving for himself a gift of substantial value relating to duties which the official has performed. By establishing a charitable trust which will receive and expend such gifts, the official will not have received for himself a gift in violation of section 3. He must observe the safeguards of section 23, however, in his official dealings with the donor.

• EC-COI-85-45 
  
  A partner in a firm who is named in a contract with a state agency to evaluate an alcohol education program administered and coordinated out of the public schools is a special state employee for conflict of interest law purposes.  He may continue to work on a federal research grant to develop and test an alcohol education program administered through Harvard Medical School where the state has no involvement in this program.

• EC-COI-82-153

  May a consultant/attorney who works part-time for a House Committee also represent a private organization which is interested in establishing off-track betting facilities in the Commonwealth?

• EC-COI-82-2

  May a special state employee serve as a consultant for a private organization?