Opinion  EC-COI-79-119

Date:	09/20/1979
Organization:	State Ethics Commission

Discussion

You are a full time employee of a state agency (ABC).  You ask whether you may continue to provide consulting services to a local branch of a labor Union, without violating the conflict of interest law, General Laws Chapter 268A.

In rendering this opinion, the Commission has been guided by, and will continue to follow for the near future, the opinions of the Attorney General issued prior to November 1, 1978, the effective date of the Commission's jurisdiction over Chapter 268A matters. Furthermore, in rendering this opinion, the Commission has relied upon the facts as you have stated them and has not made any independent investigation of those facts.

You advise us that your consulting services involve educating and advising the union's leadership, staff, membership and lobbyists about the legislative process.  Your duties include responding to questions regarding the enactment of legislation, preparing and delivering speeches concerning the legislative process, and writing about pending legislation which affects public employees.  You advise us that you do not engage in contract negotiations. Furthermore, you tell us that the union employs a lobbyist, and we note that your contract states that you are not to engage in lobbying activities on behalf of the union. Finally, you advise us that none of the members of XYZ are employed by ABC, and that payment for your services derives exclusively from union membership dues.

The Attorney General has previously ruled that ABC is a "state agency" for purposes of the conflict of interest law. Attorney General Conflict Opinions Nos. 795, 823. Therefore, as a full time employee of the ABC you are a "state employee" as that term is defined in § 1(q).  Section 4(a) prohibits you from receiving compensation from anyone other than the Commonwealth or a state agency in relation to any particular matter in which the state is a party to or has a direct and substantial interest. "Particular matter", as defined in § 1(k), includes any judicial or other proceeding, application, submission, decision or determination but excludes enactment of general legislation by the general court. Therefore, the compensation you receive for advising and assisting the union concerning the enactment of pending legislation does not relate to any particular matter of direct and substantial interest to the commonwealth. However, the Attorney General has previously ruled that bills or other pieces or proposed legislation, as well as pieces of special legislation, are "particular matters". Attorney General Conflict Opinions Nos. 578, 725, 771. Such matters are of direct and substantial interest to the Commonwealth and are distinguishable from the enactment of general legislation. Therefore, § 4(a) would prohibit you from receiving compensation from the Union for drafting proposed legislation, EC-COI-79-83, or rendering advice or assistance in relation to the enactment of special legislation, see Attorney General Conflict Opinions Nos. 421, 578.

 

End Of Decision