Opinion

Opinion  EC-COI-79-15

Date: 02/06/1979
Organization: State Ethics Commission

A member of the General Court serving as a volunteer on state and regional boards is exempt from the prohibitions of §§4(a) and 4(c) and is not required to disqualify himself in "particular matters" relating to them [§6] since §1(k) excludes "enactment of general legislation by the General Court" from the definition of "particular matter".

Facts

You are a member of the General Court. You also serve without compensation as a Board Member of,

(a) an Alcoholism Treatment Center, a non-profit organization, which contracts with the State's Division of Alcoholism;

(b) a restitution program funded by a Federal LEAA grant and

(c) a Criminal Justice Advisory Board, a group involved in approving grant applications for LEAA funds.

Question

You ask whether your membership on these board is a conflict of interest under General Laws Chapter 268A.

Discussion

       You are a state employee but as a member of the General Court you are exempt from the prohibitions of § 4(a) or (c) by the fifth paragraph of § 4, as amended by Chapter 210 of the Acts of 1978. Since you serve on these boards as a volunteer, you are not subject to the prohibitions of that paragraph and you may also appear personally before any state agency on their behalf. Further, your membership on these boards does not require you to disqualify yourself in particular matters relating to them since § 1(k) excludes "enactment of general legislation by the General Court" from the definition of a "particular matter". Consequently, the prohibitions of § 6 are inapplicable. See Attorney General Conflicts Opinion No.562.

End Of Decision

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