| Date: | 01/15/1980 |
|---|---|
| Organization: | State Ethics Commission |
- This page, EC-COI-80-3, is offered by
- State Ethics Commission
Opinion
Opinion EC-COI-80-3
Table of Contents
Facts
You are an attorney employed by a state agency (ABC). You ask whether it would violate the conflict of interest law, General Laws Chapter 268A, for you to engage in the private practice of law, primarily in tax matters, if you reduce your present employment from full-time to half-time. You inform us that the head of the ABC has agreed to reduce your position to a half-time position and you advise us that the head of ABC made this decision without your participation.
In rendering this opinion, the Commission has relied upon the facts as you have stated them and has not made any independent analysis of those facts.
Discussion
As the half-time employee of the ABC, you will be a "special state employee" as that term is defined in § 1(o)(2) of Chapter 268A since you will occupy a position which permits private employment during normal working hours. Sections 4(a) and 4(c) prohibit all regular state employees from receiving compensation from or representing anyone other than the Commonwealth or a state agency in relation to any particular matter in which the Commonwealth or a state agency is a party or has a direct and substantial interest.
However, the seventh paragraph of § 4 limits the application of § 4(a) and 4(c) in the case of a special state employee. For such an employee, compensation and representation activity is only prohibited on matters,
(a) in which the individual at any time participated as a state employee, or
(b) which is or within one year has been the subject of his official responsibility, or
(c) which is pending before the state agency in which the employee is serving if he has served for more than sixty days in the past year.
You inform us that your duties as an employee of the ABC include conducting legal research and drafting legislation. On the other hand, you anticipate your private practice will primarily involve tax matters. Since none of the ABC's work involves such matters, the conflict of interest law would not prohibit your private practice. Should the nature of your practice change, however, you may request an additional opinion on whether representation of a specific client would violate General Laws Chapter 268A.
End Of Decision