Opinion  EC-COI-79-9

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

For the present, the Commission follows Attorney General precedent concluding that a state employee may contract with a state agency to perform teaching services only on an uncompensated basis.

Discussion

You are a full-time state employee. You have asked whether you may teach an evening course in federal income taxation at a Community College without violating the Commonwealth's conflict of interest statute, G.L. c. 268A, particularly § 7.^[1]

In your present position, you are a full-time "state employee". See G.L. c. 268A, § 1(q). The Community College is a "state agency". See id., § 1(p). The Attorney General recently considered a similar question to the one you raise in Conf. Op. Atty. Gen. No. 844, a copy of which is attached.  In that opinion he concluded that a state employee may contract with a state agency to perform teaching services only if he or she declines to receive compensation from the Commonwealth. This Commission has not yet had an opportunity thoroughly to consider the meaning of G.L. c. 268A, § 7, or to reach its own conclusion regarding the applicability of § 7 to a situation such as the one you pose. Therefore, the Commission has determined for the present time to follow Conf. Op. Atty. Gen. No. 844, and we advise you that you may teach an evening course at the Community college only on an uncompensated basis.

 

End Of Decision  

^[1] Section 7 prohibits state employees from having a direct or indirect financial interest in "a contract made by a state agency".