Opinion  EC-COI-79-111

Date:	08/23/1979
Organization:	State Ethics Commission

A member of the General Court may serve as a volunteer member of an advisory board for a private project and may appear personally before any state agency on its behalf. He may vote on several legislation affecting the project's financial interest since the law excludes the "enactment of general legislation by the General Court" from the definition of "particular matters." However, the prohibitions and disclosure requirements of §6 of the conflict law would apply in the event that special legislation were filed on behalf of the project.

Fact(s)

You are a member of the General Court and serve on a committee. 

 

Question

You ask whether it would violate the conflict of interest law, General Laws Chapter 268A, for you to serve as a member of the Advisory Board to a private project (XYZ).

Discussion

       You are a state employee but, as a member of the General Court, you are exempt from the prohibition of § 4(a) and § 4(c) by the Fifth Paragraph of § 4 as long as you do not appear before any state agency for compensation other than your legislative salary except as specifically permitted by the Fifth and Sixth Paragraphs of the section. Since you advise us that you will serve on this Board without compensation, you are not prohibited from accepting this position and you may appear personally before any state agency on behalf of XYZ without violating §4. Furthermore, your membership on this Board will not require you to disqualify yourself from participating in particular matters affecting the project's financial interest since § 1(k) excludes "enactment of general legislation by the General Court" from the definition of a "particular matter". Consequently, the prohibitions and disclosure requirements of § 6 would apply to you only in the event that special legislation was filed on behalf of XYZ.  See EC-COI-79-86.

End Of Decision