You are a member of the General court and you serve on the Executive Committee of the Group. The Group is a bipartisan coalition which advocates legislation, undertakes research, and projects and intervenes in administrative law proceedings before state agencies. Some members of the Group are interested in incorporating a non-profit, tax exempt Foundation to promote non-profit activities. The Foundation would seek funds from the state, among others, and it may, in accordance with I.R.S. regulations, expend funds for lobbying activities.
You ask whether it would violate the conflict of interest law, General Laws Chapter 268A, for you to serve without compensation on the Board of Directors of the Foundation.
You are a state employee but, as a member of the General Court, you are exempt from the prohibitions of § 4(a) and 4(c) by the fifth paragraph of § 4, as amended by Chapter 210 of the Acts of 1978. Under that paragraph, you are prohibited from personally appearing for any compensation other than your legislative salary before any state agency except in connection with ministerial matters, court appearances or quasi-judicial proceedings. Since you will not receive compensation for serving on the Board, you are not subject to the prohibitions of that paragraph and you may also appear personally before any state agency on its behalf. Section 6 prohibits a state employee from participating in any particular matter in which he or a business organization which he serves as an officer or director has a financial interest. The enactment of general legislation is specifically excluded from definition of "particular matter" by § 1(k). Section 6, however, prohibits you from participating as a member of the General Court in any special legislation affecting your own or the Foundation's financial interest. See EC-COI-79-86; EC-COI-80-10; Attorney General Conflict Opinions 810, 771. Should any special legislation be filed, you would be required by the second paragraph of § 6 to file a disclosure of that matter and your financial interest therein with the Ethics Commission.
The Commission cannot advise you more specifically about your future conduct since an analysis of the law will depend on the facts of the particular situation. Furthermore, the Commission cannot advise you about the application of any other laws, such as the law regulating the activities of legislative agents, General Laws Chapter 3, § 39 et seq., to the situation you describe. However, should any matter arise which if of concern to you, you should feel free to request an opinion from us.
End Of Decision
