| Date: | 03/13/1979 |
|---|---|
| Organization: | State Ethics Commission |
Because the Chairman of an Executive Committee of a County Manpower Consortium and Consortium Planning Council continues to be a municipal employee, the Commission advises him that it presently only renders opinions to state and county employees.
You are the Mayor and you serve as a member and Chairman of the Executive Committee of the Manpower Consortium (Consortium) and of the Consortium's Planning Council. You ask whether the conflict of interest law, General Laws Chapter 268A, applies to the members of the Planning Council. For the reasons noted below, we are unable to answer your questions.
Under § 3(g) of chapter 268B, the Commission can render advisory opinions only to a person who is or may be subject to the provisions of Chapters 268A or 268B. Therefore, we can respond to your question only as it relates specifically to you. Attorney General Conflict Opinion No. 670. In responding, the Commission has been guided by opinions of the Attorney General issued prior to November 1, 1978, the effective date of the Commission's jurisdiction over Chapter 268A matters.
As the Mayor, you are a "municipal employee" as defined in § 1(q).
Attorney General Conflict Opinion Nos. 696, 800. The Consortium was created by the various cities and towns for the purpose of obtaining grants pursuant to the Federal Comprehensive Employment and Training Act of 1973 (Public Law 93-203). The Consortium agreement states that the cities and towns agree to "exercise jointly" the powers conferred upon each individually pursuant to the terms of the agreement and of Chapter 183 of the Acts of 1974. The latter chapter provides that the Consortium agreement is subject to the provisions of General Laws Chapter 40, § 4A, €2, which provides that: ". . . employees of a governmental unit while engaged in performing any such service, activity or undertaking under such agreement shall be deemed engaged in the service and employment of such unit, notwithstanding that such service, activity or undertaking is being performed in or for another governmental unit or units."
Therefore, you continue to be a "municipal employee" while serving as a member and Chairman of the Consortium's Executive Committee and Planning Council. See also Attorney General Conflict Opinions Nos. 2 5, 98 (Housing Authorities and Regional School Districts are municipal agencies).
By virtue of its enabling legislation, the Ethics Commission is now alone responsible for rendering conflict of interest opinions to state and county employees. That legislation left unchanged § 22 of Chapter 268A which entitles every municipal employee to request and obtain conflict of interest opinions from his town counsel or city solicitor. While the Commission may in the future assume jurisdiction over certain conflict of interest questions concerning municipal employees, it is not yet in a position to do so. Accordingly, any questions you might have concerning the application of General Laws Chapter 268A to your activities as a municipal employee should be addressed to the City Solicitor. We are, however, enclosing a copy of Attorney General Conflict Opinion No. 670, which may be of assistance in resolving your questions.
End Of Decision
