| Date: | 02/06/1979 |
|---|---|
| Organization: | State Ethics Commission |
A former state employee is only precluded from working for a private company under contract with the employee's former agency if he "participated" in developing any of the specifications of the contract, in negotiating its terms, or in the decision to award the contract.
You are presently employed by a private company, (XYZ). Until 1979, you were employed by a state agency. XYZ is under contract with the agency, and you are working directly on that contract.
You ask whether your present employment involves any conflict of interest under General Laws Chapter 268A.
Section 5(a) is the only provision relevant to your situation as a former state employee. The contract is clearly a particular matter in which the state has a direct and substantial interest and you will be compensated by XYZ for your work in connection with it. However, you specifically state that during the time you worked as a state employee, you did not participate in any way in developing any of the specifications of the contract, in negotiating any of its terms or in the decision to award the contract to XYZ. Therefore, because you did not "participate" within the meaning of the statute (§ 1(j)in this particular matter, your present employment with XYZ is not prohibited by the conflict of interest law. The Commission offers you no opinion, however, on whether your employment violates the terms of the contract between the agency and XYZ.
End Of Decision
