| Date: | 03/11/1980 |
|---|---|
| Organization: | State Ethics Commission |
- This page, EC-COI-80-24, is offered by
- State Ethics Commission
Opinion
Opinion EC-COI-80-24
Table of Contents
Facts
You are a full-time municipal employee serving as an Engineering Aide in a City. In that capacity you do surveying, blue-print interpretation, and inspections of facilities, including state-owned facilities, for violations of regulations of a state department. You ask whether you can also be employed on weekends as a fireman, tending to and maintaining steam boilers, at the power plant of a hospital, a facility operated by a state agency (ABC) without violating the state conflict of interest law, General Laws Chapter 268A. We conclude the you may.
In rendering this opinion, the Commission has relied upon the facts as you have presented them and has to made an independent investigation of those facts.
Discussion
As a fireman you would be a state employee under § 4(a) of Chapter 268A which prohibits state employees from receiving compensation from any source other than the Commonwealth in regard to a particular matter of direct and substantial interest to the Commonwealth or in which the Commonwealth is a party. However, under a recent amendment to § 4, (the "Municipal Exemption"), a state employee may hold a municipal job in addition to his state job, provided he does not "vote or act on any matter which is within the purview of the agency by which he is employed or over which [he has] official responsibility." See § 5 of Chapter 210 of the Acts of 1978.
The result of applying the Municipal Exemption to the facts you have presented is that you may, as a fireman employed by the ABC, also be employed by the City in your present capacity provided you do not inspect facilities owned or operated by the ABC or take any other actions on matters within the purview of the ABC.
The foregoing portion of this opinion was rendered to you as a prospective state employee. As an Engineering Aide you are a municipal employee under § 17(a) of Chapter 268A which prohibits municipal employees from receiving compensation from any source other than the city in regard to a particular matter of direct and substantial interest to the City or in which the city is a party. However, you will not violate this section since your duties as a relief fireman will not involve "particular matters" as that term is defined in § 1(k).
End Of Decision