Opinion  EC-COI-79-7

Date:	01/30/1979
Organization:	State Ethics Commission

The duties and decisions of municipal assessors, specifically those concerning equalized valuation of real property, are particular matters in which the Commonwealth has a "direct and substantial interest". Therefore, a state employee violates §§ 4(a) and 4(c) by also serving as a town assessor, regardless of his specific duties as a state employee.

Facts

You are full-time state employee. You have requested our opinion whether your concurrent employment as chairman of the Board of Assessors for the Town of constitutes a violation of the conflict of interest law, G.L. c. 268A.

Answer

Based upon the facts presented, we conclude that the criminal provisions of the statute prohibit your serving simultaneously as chairman of Assessors and as a full-time state employee.

Discussion

       General Laws c. 268A, § 4(c), is relevant to your inquiry. That section prohibits a state employee from acting as an agent or attorney for 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." In your present position, you are a "state employee within the meaning of G.L. c. 268A, § 2(q). In your capacity as chairman of the Board of Assessors, you act officially as an agent of the Board and the Town. The question is whether you act in that capacity in relation to "particular matter(s)"^[1] of direct and substantial interest to the Commonwealth.^[2] As chairman of the Board of Assessors, presumably you are involved with the matter of equalized valuation of real property located in your town. G.L. c. 58, § 9. Your letter requesting an opinion recognizes that the Attorney General previously ruled in a conflict of interest opinion that decisions made by municipal assessors or other municipal officials concerning equalized valuation are "particular matter(s)" of direct and substantial interest to the Commonwealth. Conf. Op. Atty. Gen. No.741; accord, Conf. Op. Atty. Gen. No. 850. While not committing ourselves permanently to adhere to the Attorney General's conclusion, for the present time we shall continue to follow it.

Decision

       Accordingly, we advise you that G.L. c. 268A, § 4, precludes your serving as chairman of the Board of Assessors while you remain a state employee.^[3]

End Of Decision

^[1] Particular matter" is defined in G.L. c. 268A, § 1(k), to include ". . . decision, determination, finding . . . ."

^[2] You do not indicate whether you receive compensation for your services as chairman of the Board of Assessors. If you do, G.L. c. 268A, § 4(a), would also apply to you; that section precludes a state employee from receiving compensation from anyone other than the Commonwealth or a state agency in relation to a particular matter of direct and substantial interest to the Commonwealth or its agencies.

^[3] Your letter requesting an opinion suggests that since your duties as a state employee do not relate to equalized valuation, there is no conflict between your state and municipal positions. The proscriptions of G.L. c . 268A, § 4, however, apply to every state employee, regardless of his or her duties as such. In other words, the conflict is created by your position as chairman of the Board of Assessors; your particular functions or responsibilities as a state employee have no bearing on the issue. See Conf. Op. Atty. Gen. No. 850.