Opinion

Opinion  EC-COI-79-25

Date: 02/21/1979
Organization: State Ethics Commission

A private hospital employee whose salary is not derived from state agency funds may serve on a state Area Board without compensation but may not "participate" in any Board matters involving the hospital.

Discussion

You are a full-time employee of a private Hospital. None of your salary is derived from state agency funds. You would like to serve on a Mental Health Area Board and have asked the Commission's opinion on whether your membership on this Board, without compensation, is a conflict of interest under General Laws Chapter 268A.

The Attorney General has previously ruled in a similar case that there would be no conflict of interest under 268A under the facts as you have stated them.  See Attorney General Conflict Opinion No.742.

The Commission has decided that it will continue to follow for the near future, the interpretations and opinions of the Attorney General issued prior to November 1, 1979, the effective date of the Commission's jurisdiction over Chapter 268A matters. Therefore, you may become a member of the Mental Health Area Board. However, § 6 of 268A would prohibit you from participating as an Area Boar member in any matter involving the Hospital unless you make the necessary disclosures and filings under the second paragraph of § 6. A copy of these provisions is enclosed for your information.

 

End Of Decision  

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