| Date: | 01/30/1979 |
|---|---|
| Organization: | State Ethics Commission |
A state employee may not work for a city commission responsible for liquor licensing, because liquor licensing is a "particular matter" in which the Commonwealth has a "direct and substantial interest."
You are a full-time state employee.
You have requested our opinion whether the conflict of interest statute, G.L. c. 268A, prohibits your employment with the Licensing Commission of the City of (the Commission).
We conclude that c. 268A does prohibit your work for the Commission while you are a state employee.
In your present position, you are a state employee as that term is defined in G.L. c. 268A, § 1(q). Section 4 of c. 268A is relevant to your inquiry. That section prohibits a state employee from receiving compensation from or acting as an agent or attorney for anyone other than the Commonwealth or a state agency in relation to any particular matter in which the Commonwealth has a direct and substantial interest, § 4(a) and (c). Your work for the Commission presumably concerns liquor licensing, and when performing that work you act as the Commission's agent. Moreover, we assume that you are compensated for your services. (See Conf. Op. Atty. Gen. No. 675, discussed below.) The question is whether liquor licensing is a particular matter in which the Commonwealth has a direct and substantial interest. In a previous conflict of interest opinion, the Attorney General concluded that liquor licensing is a particular matter in which the Commonwealth has a direct and substantial interest. He ruled that work performed for compensation for the Commission was prohibited by G.L. c. 268A, § 4(a). See Conf. Op. Atty. Gen. No. 675. We adhere to the Attorney General's opinion.
We conclude that you may not work for the Commission as long as you are a state employee.
End Of Decision
