| Date: | 02/06/1979 |
|---|---|
| Organization: | State Ethics Commission |
A group of private attorneys meeting to discuss legal issues and general topics of concern (not specific cases) in order to informally advise the Secretary of a state agency, does not come under the purview of G.L. c. 268A, since the temporary and informal nature of these services do not meet the definition of "state employee".
You are a lawyer in private practice. You have been asked to assemble a group of attorneys on a pro bono basis with expertise in an area of the law to advise informally the new Secretary of an executive office about legal issues involved in various areas within the jurisdiction of the Secretariat.
You state that the group would consist of lawyers from different firms and with different perspectives; the discussions and views expressed would relate only to general topics or issues and not to specific cases; the group would have no formal status or title; and the group's role would be purely ad hoc, informal and advisory in nature and of limited duration.
Based on these facts, you ask if you and the other attorney participants would be deemed to be special state employees for purposes of the conflict of interest law, Chapter 268A, and thereby be subject to certain limitations in your private legal work.
You are aware that the limitations on a present or former special state employee under §§ 4, 5 and 6 of Chapter 268A are much narrower than the prohibitions applicable to present or former regular state employees. See, for example, ¶6 of § 4 and Attorney General Conflict Opinions No. 762, 841 and 845. The Commission cannot specifically advise you on the application of the provisions of these sections to you without a detailed actual presentation of the cases or other legal matters you or the other attorneys are handling as private attorneys.
However, this opinion does not reach those issues. Insofar as you and the group you assemble confine your involvement with the Secretary to the factual parameters noted above, you would not become "state employees" as defined in § 1(q) of Chapter 268A. In the opinion of the Commission, the informal, temporary and general nature of your role and of the services you describe would not constitute". . . performing services for or holding an office, position, employment or membership in a state agency. . ." within the meaning of § 1(q). You are, therefore, not subject to the coverage of Chapter 268A.
End Of Decision
