Opinion  EC-COI-80-65

Date:	06/10/1980
Organization:	State Ethics Commission

A member of the General Court may serve without compensation as a member of a state advisory commission. Since he would be serving the Commonwealth in both positions, neither the prohibitions of Section 4 or 6 would be applicable, and Section 7 would not apply since he would not be compensated for serving as a Commissioner. However, he would not be eligible for appointment by the members of the Commission to any office or position under the supervision of the Commission during his term thereon or for 30 days thereafter.

Facts

You are a member of the General Court. You have been asked to serve as a member of a state Commission (the Commission). The Commission is required to make an annual report to the General Court in which it reports on its activities and makes recommendations for legislation. The members of the Commission are uncompensated but are reimbursed for their necessary traveling expenses.

Question

You ask if your participation as a member of the Commission would violate the state's conflict of interest law, General Laws Chapter 268A.

Discussion

       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. As a member of the General Court you are a state employee. See G.L. c. 268A, § 1(q). As a Commissioner of the Commission you would also be a state employee. Since you would be serving the Commonwealth in both positions neither the prohibitions of § 4 nor § 6 would be applicable. Moreover, since you would not be compensated for your service as a commissioner, the prohibitions of § 7 would not be applicable. Accordingly, the relevant prohibitions of Chapter 268A do not prevent you from accepting this position. However, the Ethics Commission wishes to draw your attention to G.L. c. 268A, § a which provides that no member of a state commission shall be eligible for appointment or election by members of such commission to any office or position under the supervision of such commission. That section also prohibits former members from being eligible for such appointment until the expiration of thirty days from the termination of service as members.^[*]
                             

Sincerely,

Scott Harshbarger
General Counsel
 

End Of Decision

^[*] The Ethics Commission is authorized to render advisory opinions only concerning the requirements of G.L. c. 268A and G.L. c. 268B.  Accordingly, we do not express any opinion concerning whether dual service as a member of the General Court and as a Mobile Home Commissioner would be consistent with other statutory and constitutional provisions.