| Date: | 04/18/1979 |
|---|---|
| Organization: | State Ethics Commission |
Each annual budget filed by a hospital constitutes a separate "particular matter" within the meaning of §5. A former state employee may "participate" in developing future budgets and implementing the current budget if the process does not involve him in matters in which he previously "participated" as a state employee.
You are a former employee of the State Rate Setting Commission and you ask whether your present employment at a private Hospital violates the state's conflict of interest law, General Laws Chapter 268A.
In rendering this opinion, the Commission has been guided by, and will continue to follow for the near future, the interpretations and opinions of the Attorney General issued prior to November 1, 1978, the effective date of the Commission's jurisdiction over Chapter 268A.
Section 5(a) prohibits a former state employee from receiving compensation from anyone other than the Commonwealth in connection with any particular matter in which the Commonwealth or a state agency is a party or has a direct and substantial interest and in which he participated as a state employee.
Hospital budget approval for the State Rate Setting Commission is a particular matter that is of direct, substantial interest to the Commonwealth. Each budget filed annually constitutes a separate particular matter. See General Laws Chapter 6A, § 39. Therefore, we conclude that you may not participate in matters relating to past budgets that were approved by you during your employment by the Rate Setting Commission but that you can assume responsibility for development of future budgets and the implementation process does not involve you in matters in which you participated while you were employed by the Rate Setting Commission.
You have informed us that your present position involves the setting up of an internal information control system and that you do not contemplate having to appear personally before the Rate Setting Commission. As long as you do not appear before the Rate Setting Commission or any state agency, on behalf of the Hospital for one year in connection with any particular matter which was within your official responsibility as a state employee at any time within a period of two years prior to the termination of your employment, you will not be in violation of the provisions of § 5(b).
End Of Decision
