| Date: | 04/18/1979 |
|---|---|
| Organization: | State Ethics Commission |
A former state employee may serve as director of a project funded by a contract between his present and previous employers when he did not "participate" in or have "official responsibility" for any aspect of the contract. For one year, §5(e) prohibits him from acting as a legislative agent on behalf of his current program before the agency for which he worked.
You are Director of a project (PROJ) which is part of a larger organization (ORG). our project is funded by a contract between the organization and a Division of a state agency (ABC). Until 1979, you were Program Director in that Division of the ABC. You ask whether you may continue as Director of PROJ without violating the 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 matters.
You state that your responsibilities in the ABC included two separate programs, a program in Unit A and a program in Unit B. Your responsibilities in the Unit B program included the approval of a type of group providers. Another part of Unit B implements a separate program which is the funding source for the project you now direct.
The application for funds for the ORG-ABC contract was originally made to a federal agency in 1977 by Unit B through that separate program. You never worked on that program, nor on matters of that program’s funding. The grant was approved by the federal agency in 1978. In 1979, the Director of Unit B, who was also your supervisor in regard to your responsibilities in that Unit, began working on the ORG contract. You were aware that the contract was being handled by the Director but you did not work on it in any way.
As a former state employee, the prohibitions of § 5 apply to you. § 5(a) prohibits you from acting as an agent or attorney for or receiving compensation from anyone other than the Commonwealth or a state agency 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 you participated. Since you did not participate in or have official responsibility for any aspect of the ABC contract, you may serve as Director of PROJ without violating § 5. You may also assist ORG to qualify as a group provider, since ORG's initial inquiry on the qualification process occurred after you left state employment.
Finally, you have indicated that future legislation or regulations may be proposed which would affect payment for group provider services. In view of the possible interest of your program in such proposals, we advise you that under § 5(e) you are prohibited from acting as a legislative agent, which may include advocacy in reference to a regulation, rate, standard or rule, before the agency for which you worked. This prohibition continues for one year following termination of your state employment.
End Of Decision
