| Date: | 02/06/1979 |
|---|---|
| Organization: | State Ethics Commission |
A former state employee may not be involved or personally appear before a state agency on "particular matters" relating to the implementation of a contract with a private company, where he "personally and substantially participated" in the negotiation of the terms of the contract.
From 1975 to 1978, you were a state employee. In 1978, you commenced employment with XYZ Company. XYZ is under contract with QRS, another private company, to perform work on the contract which QRS has with the agency in which you worked. By the terms of your employment with XYZ, you will not work on, or have any involvement in, the state contract.
You ask whether your employment by XYZ presents any conflict of interest under General Laws Chapter 268A.
Section 5 sets forth the prohibitions in the conduct of former state employees. § 5(a) prohibits you from ever acting as agent or attorney for, or from receiving compensation from, anyone other than the Commonwealth in connection with any particular matter in which the Commonwealth has a direct and substantial interest and in which you participated as a state employee. Therefore, you cannot work for XYZ on any matter on which you worked or were substantially involved in any way as a state employee. In addition, § 5(a) clearly prohibits you from ever having any involvement in the implementation of the state contract on behalf of anyone other than the Commonwealth unless and until the present contract expires or is renewed. The state contract is a "particular matter" (§ 1(k)). The state is a party to that contract and also has a direct and substantial interest in it. In your capacity as a state employee, you participated as a member of the state team which negotiated the terms of the state contract with QRS. While you had no involvement in the selection of QRS, or in the final review, approval and execution of the contract after 1978, you "participated" (§1(j)) in that matter, and agency action related to it, personally and substantially. However, except for the prohibitions on your involvement with state agencies under § 5(b), you are not prohibited from working for XYZ or any other company, on matters unrelated to QRS and its implementation of the state contract.
Section 5(b) precludes you, for one year (until 1979), from personally appearing before any state agency in connection with any particular matters which were pending in the agency and which were under your "official responsibility" (§ 1(i)) as a state employee for two years prior to the termination of your employment, i.e. from 1976 to 1978. You may, however, appear now on behalf of anyone in connection with any matter which arose since 1978.
End Of Decision
