| Date: | 01/30/1979 |
|---|---|
| Organization: | State Ethics Commission |
A state employee may not serve simultaneously as a municipal assessor, since the duties and decisions of assessors, particularly those concerning equalized valuation, are "particular matters" in which the Commonwealth has a "direct and substantial interest". See EC-COI-79-7.
You are a full-time state employee with a state agency. You also hold the position, for which you are compensated, as Assessor in a Town. The head of your agency has found that you are in violation of § 4 and 23 of General Laws Chapter 268A by serving as a municipal assessor while being a state employee. You ask our opinion on this question, pursuant to § 3(g) of Chapter 268B.
In rendering this opinion, the Commission has been guided by, and will continue to follow for the near future, the interpretations and opinions of the Attorney General issued prior to November 1, 1978, the effective date of the Commission's jurisdiction over Chapter 268A matters.
Section 4(a) and (c) prohibit a state employee from receiving compensation from or acting as an agent or attorney for anyone other than the Commonwealth or a state agency in relation to any particular matter in which the Commonwealth has a direct or substantial interest. Whether a conflict of interest exists under § 4 does not depend on your duties as a state employee but rather on the nature of your responsibilities as a local assessor. As an Assessor for the Town, you receive compensation from and you also act as an agent for an entity other than the Commonwealth or a state agency in relation to particular matters (defined in § 1(k)). The only question is whether you act in that capacity in relation to particular matters which are of direct and substantial interest to the Commonwealth.
The Attorney General has previously ruled that the duties and decisions of municipal assessors, specifically those concerning equalized valuation, are particular matters in which the Commonwealth has a direct and substantial interest. See Attorney General Conflict Opinions No.741 and 850. While the Commission has not committed itself permanently to adhere to the Attorney General's conclusion, we have concurred with it for the present time. See Ethics Commission Conflict Opinion No. EC-COI-79-7. Once such an interest exists, you are in violation of § 4 by continuing to serve as an assessor while being a full-time state employee. Particularly in the case of an assessor, it is highly unlikely that this § 4 conflict of interest can be remedied merely by abstaining from acting. Therefore, the Commission advises you that you are prohibited from holding the position of Assessor while you are a state employee.
The Commission, consistent with the policy of the Attorney General, will not render an opinion on the interpretation and application of § 23 to you. Such action is left to the head of the state agency in which you are employed.
End Of Decision
