| Date: | 12/06/1979 |
|---|---|
| Organization: | State Ethics Commission |
| Location: | Boston, MA |
A member of the General Court who is also an attorney in private practice would not violate § 4 of the conflict of interest law by representing a private client before municipal agencies.
You are a member of the General Court. You are also an attorney in private practice. You ask whether it would violate the conflict of interest law, General Laws Chapter 268A, for you to represent a private client before certain municipal agencies. 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 client has recently been awarded a contract by the Housing Authority to construct a type of housing unit. It is your understanding that this construction project was funded directly by the federal government. You also indicate that you anticipate representing your client only before certain municipal agencies in the City.
You are a state employee, but, as a member of the General Court, you are exempt from the prohibitions of s. 4(a) and 4(c) by the fifth paragraph of s. 4, as amended by Chapter 210 of the Acts of 1978. Under that paragraph, you are prohibited from receiving compensation other than your legislative salary for personally appearing before any state agency except in connection with ministerial matters, court appearances or quasi-judicial proceedings. Since you have indicated that you expect to appear on behalf of your client only before municipal agencies, your activities will not violate s. 4 as it applies to you.
End of Decision
