Opinion

Opinion  EC-COI-79-38

Date: 03/13/1979
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.

Discussion

You are an employee of a state agency. You ask whether you may accept a paid teaching position with the State College Program of Continuing Education 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 ". You state that you are a full time state employee.  The State College is a state agency. § 1(p). The Attorney General has previously 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.

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.  However, the Commission has determined to adhere, for the present, to precedents established  by the Attorney General. We, therefore, concur in the opinion of the Attorney General on this matter and advise you that you may teach an evening course at the State College only on an uncompensated basis.

 

End Of Decision

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