You are a full-time employee of a state agency (ABC). You ask whether it violates the conflict of interest law, General Laws Chapter 268A, for you to be employed as a psychotherapist by a private clinic in your off-duty hours.
In rendering this opinion, the commission has been guided by the opinion 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.
As a state employee, you administer the delivery of services in a local area. The area (ABC) clients have case workers who report to supervisors who report to you. In your private capacity, you provide counselling to clients of XYZ, Inc. a corporation licensed as a private mental health out-patient clinic. You advise us that your employment agreement with XYZ precludes you from counselling any individuals who directly or indirectly receive DPW aid. Furthermore, you advise us that there are no contracts between XYZ and the Commonwealth.
Section 4(a) prohibits you from receiving compensation from anyone other than the Commonwealth or a state agency in relation to a particular matter in which the Commonwealth or a state agency has a direct and substantial interest. You tell us that the treatment you provide is not publicly funded nor is it related to any state
grant. Furthermore, you do not treat ABC clients and you do not indicate that nay other agency has any direct connection with your patients. The compensation you receive, therefore, is not in relation to a "particular matter" of direct and substantial interest. See Attorney General Conflict Opinions 635, 710, 802, CF. Attorney General Conflict Opinion 626.
Section 6 prohibits a state employee from participating in his official capacity in a particular matter in which either he, or a business organization in which he is an employee, has a financial interest, unless he complies with the disclosure and certification procedures of that section. ABC clients are referred to XYZ. You advise us that you have on occasion conferred with a caseworker regarding a referral to XYZ or reviewed an XYZ treatment report. Both the placement of ABC recipients and the treatment reports are "particular matters" in which XYZ has a financial interest. Therefore, you may not approve, disapprove, render advice on or
otherwise participate as a state employee in those matters. See Attorney General Conflicts Opinion 843, EC-COI-79-5, EC-COI-79-110.
Section 6 further requires you to inform the Ethics Commission and your appointing official each time a particular matter comes before you which involves either your financial interest or the financial interest of XYZ. In other words, § 6 requires not only that you not participate, but also requires you to make full disclosure of the financial interest requiring your non-participation.
End Of Decision
