Opinion  EC-COI-80-118

Date:	09/10/1980
Organization:	State Ethics Commission

Facts

Dear:

You are a full-time employee of a state agency (ABC). During your off-duty hours, you are employed as a at the  School (School) at State Hospital. The School is a secure treatment facility operated by the Corp., Inc. (Inc.), a private-non-profit corporation, pursuant to a contract with the Department of Youth Services (DYS). You ask whether this employment violates the conflict-of-interest law, General Laws Chapter 268A.  We conclude that it does.

In rendering this opinion, the Commission has relied upon the facts as you have stated them and has not made any independent investigation of those facts.

Discussion

As a full-time employee of the ABC, you are a "state employee" as that term is defined in G.L. c. 268A, § 1(q). Section 7 prohibits a state employee from having a direct or indirect financial interest in a contract made by a state agency. You advise us that Inc. is funded totally by the DYS contract and that your salary is paid directly from those contract funds. Thus, you have a prohibited financial interest in the DYS/Inc. contract. Since none of the exemptions contained in section 7 apply to this situation, your continued compensation from Inc. will violate this section unless within thirty (30) days you make full disclosure of your financial interest in the DYS/Inc. contract to DYS, the contracting agency, and terminate or dispose of your interest in that contract. See § 7(a).

Since your employment is prohibited by section 7, it is unnecessary to determine whether it also violates § 4(a).

               

STATE ETHICS COMMISSION

BY:
Robert V. Greco
General Counsel


 

End Of Decision