You are a full-time employee of a state agency (ABC). You plan to serve as a salaried equipment operator for XYZ Company for approximately three weeks during your vacation leave. XYZ Company has a contractual arrangement with USER, Inc. and is under the general jurisdiction of ABC. You state that you have no financial interest in that contract nor in the equipment. You ask whether the outside employment would violate the conflict of interest law, General Laws Chapter 268A.
ABC is responsible for enforcing laws, rules and regulations and for investigating certain matters. Its inspectors have the authority to arrest violators. You state that your duties as a state employee include supervising ABC's law enforcement department which includes enforcing the laws relating to equipment and the use of equipment. Operators and equipment licensed by the appropriate federal agency and their licenses must be registered with ABC citation omitted.
Section 4(a) prohibits a state employee from receiving compensation from anyone other than the Commonwealth in relation to any "particular matter" in which the Commonwealth or a state agency is a party or has a direct and substantial interest. Your responsibilities and activities as a private employee are not "particular matters" as defined in § 1(k). However, you must absolutely refrain from giving advice to XYZ or making any decisions regarding their equipment or employees. Those types of matters involve ABC's enforcement of the laws and are "particular matters" of direct and substantial interest to the Commonwealth. See Attorney General Conflict Opinion No. 784.
Section 6 prohibits a state employee from participating in a "particular matter" in which he or a business organization with whom he has an arrangement concerning prospective employment has a financial interest.
Enforcement proceedings brought by ABC or any of its agents against XYZ would constitute particular matters of financial interest to XYZ. Section 6 prohibits you from participating in those matters. Furthermore, since your duties as a state employee would otherwise require you to participate in such
matters, you must in accordance with the second paragraph of § 6, advise the official responsible for your appointment and the Ethics Commission of the nature and circumstances of this potential conflict of interest. You must not participate in any matter pertaining to XYZ unless you receive an exemption under part (3) of that second paragraph.
While your proposed employment is not prohibited by the criminal provisions of Chapter 268A, you should be aware that § 23 establishes supplemental standards of conduct for state employees. This section authorizes the appropriate official to take whatever administrative action is warranted for a violation of these standards. Since you propose to provide services to a company which is regulated by the agency for which you are employed, the Commission suggests that you seek the prior approval of the head of your department before you commence this activity.
End Of Decision
