Opinion

Opinion  EC-COI-79-68

Date: 05/15/1979
Organization: State Ethics Commission

A member of the General Court may appear personally before any state agency on behalf of various organizations when he is not receiving compensation for such services.

Fact(s)

You are a member of the General Court and serve on a particular legislative Committee. 

 

Question

You ask whether it would be, or create the appearance of being, a conflict of interest for you to appear before a state agency on behalf of organizations seeking positive action from the agency.

Discussion

       You are a state employee but, as a member of the General Court, you are exempt from the prohibitions of § 4(a) and (c) by the Fifth Paragraph of § 4 as long as you do not appear before any state agency for compensation other than your legislative salary except as specifically permitted by the Fifth and Sixth Paragraphs. Since you state that you do not contemplate appearing before the state agency for any organization for compensation, you are not subject to the prohibitions of those paragraphs, and you may appear personally before any state agency on behalf of such organizations without violating § 4 of the conflict of interest law. In accordance with the policy of the Attorney General, the Commission has declined to date to render advisory opinions relating to the standards of conduct for state employees set forth in § 23. Therefore, we decline to advise you on whether conduct permitted by § 4 could still be deemed to violate § 23, or otherwise create the appearance of a conflict of interest.

 

End Of Decision

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