Opinion

Opinion  EC-COI-79-16

Date: 04/16/1979
Organization: State Ethics Commission
Location: Boston, MA

A member of the General Court may continue to work as a consultant for a private firm and for a private school paid from federal funds without violating § 4 and may participate as a member of the General Court in matters affecting the private employer's financial interest without violating § 6 because the enactment of general legislation is specifically excluded from the definition of "particular matter".

Table of Contents

Introduction

You are a member of the General Court. You ask whether it would be a conflict of interest under General Laws Chapter 268A for you to continue to work as a consultant for a private firm and for a private school. You state that when working for the consulting firm you are paid from federal funds and that you are paid from a federal grant when you work for the private school.

Discussion

You are a state employee, but as a member of the General Court you are exempt from the prohibitions of s. 4(a) and (c) by the fifth paragraph of s. 4 as amended by Chapter 210 of the Acts of 1978. As long as you do not personally appear before any state agency for compensation other than your legislative salary except as permitted by the fifth and sixth paragraph of s. 4, your private employment is not prohibited by s. 4. Further, you are not required to disqualify yourself as a member of the General Court by s. 6 in matters affecting your private employer's financial interest since the enactment of general legislation is specifically excluded from the definition of "particular matter" in s. 1(k). See also Attorney General Conflicts Opinion No. 562.

Finally, you should note that s. 6A, added by Chapter 210 of the Acts of 1978, requires that if as a public official you are required to take action which would substantially affect your financial interests, unless the effect on you is no greater than the effect on the general public, you must file a written description of the required action and potential conflict of interest with the State Ethics Commission.

End of Decision

Help Us Improve Mass.gov  with your feedback

Please do not include personal or contact information.
Feedback