| Date: | 02/21/1979 |
|---|---|
| Organization: | State Ethics Commission |
For the present, the Commission follows Attorney General precedent concluding that a state employee may contract with a state agency to perform teaching services only on an uncompensated basis. See EC-COI-79-9.
You are an Assistant Chief Probation Officer in the Superior Court.
You ask whether you may accept a paid teaching position at a Community College without violating the Commonwealth's conflict of interest statute, General Laws chapter 268A.
Section 7 prohibits a state employee from having a direct or indirect financial interest "in a contract made by a state agency". As a probation officer, you are a full-time "state employee". § 1(q). The Community College is a "state agency". § 1(p). The Attorney General has concluded that a state employee may contract with a state agency to perform teaching services only if he or she declines to receive compensation from the Commonwealth. See Attorney General Conflict Opinion No. 844.
While the Commission has not yet had an opportunity to reach its own conclusion regarding the applicability of § 7 to a situation such as the one you pose; the Commission has determined for the present to concur in the opinion of the Attorney General on this matter. Therefore, we advise you that you may teach an evening course at the Community College only on an uncompensated basis.
End Of Decision
