Opinion  EC-COI-79-49

Date:	04/03/1979
Organization:	State Ethics Commission

A former state employee now performing a consulting contract with another state agency is not in violation of §5.

Facts

You were employed by a state agency from 1978 to 1979. In this capacity, you ruled on a number of cases involving the ABC Company. You have not entered into a consultant contract with the Department of the Attorney General to serve as an expert witness in an adjudicatory proceeding involving the company's construction plans.



 

Question

You ask whether there would be any violation of General Laws Chapter 268A, the state conflict of interest statute, if you were to testify on behalf of the Attorney General.

Discussion

       In your position at the agency, you were a "state employee" as defined in § 1(q). As a former state employee, you are subject to the prohibitions of § 5.  However, the prohibitions of § 5(a) and (b) address only former state employees who are receiving compensation from or acting in behalf of someone other than the Commonwealth or a state agency.  Since the Department of the Attorney General is a state agency, the prohibitions of § 5(a) and § 5(b) are not applicable to the services you would perform under the consultant contract. By virtue of the consultant contract with the Attorney General, you do become a "special state employee" as defined in § 1(o) and you, therefore, will continue to be subject to Chapter 268A in this capacity. If you have questions regarding the application of the conflict law to you as a special state employee, you may always request another opinion from the Commission.

 

End Of Decision