You are currently employed as the City Solicitor for the City ABC. In 1981, the City Council formed a Committee to solicit requests for proposals and to make recommendations regarding the disposition of unused school buildings. At that time you were designated as a Committee member. You state that you have neither attended any Committee meetings nor participated in any Committee discussions related to the requests for proposals. In1981, you learned that Mr. X, your brother, was intending to file a proposal with the Committee for the development of a school on behalf of DEF, a company for which he is the President and sole stockholder. You state that you have no personal or financial involvement with DEF and have never received compensation from him or DEF.
You wish to know the extent to which G.L. c. 268A limits your activities as a Committee member or as a City Solicitor.
For the reasons set forth below, the Commission advises you that G.L. c. 268A imposes restrictions on these activities.
As City Solicitor, you are a "municipal employee". See, G.L. c. 268A, s.1(g). While the State Ethics Commission ordinarily declines to render advisory opinions to municipal employees but instead suggests that they initially seek the opinion of their corporation counsel, city solicitor or town counsel pursuant to s.22 of G.L. c. 268A, this option is not available to you. See, EC-COI-81-73. As municipal employee you are prohibited under G.L. c. 268A, s.19 from participating[1] in any particular matter[2] in which a member of your immediate family[3] has a financial interest. The submission of proposals by interested developers of the school, as well as the selection decision of the City, are particular matters within the meaning of G.L. c. 268A, s.1(k). Inasmuch as your brother is a member of your immediate family under G.L. c. 268A, s.1(e), and would have an obvious financial interest in the outcome of the submission and selection process, you should continue to refrain from participating in any way, either as a Committee member or as a City Solicitor, in these particular matters. You should be aware, however, that your participation in such matters would be permissible under s.19(b) if you advise the official responsible for appointment to your position of the nature and circumstances of the particular matter and make full disclosure of such financial interest, and receive in advance a written determination made by that official that the interest is not so substantial as to be deemed likely to affect the integrity of the services which the municipality may expect from you. Further, you may participate as a Committee member or City Solicitor in the solicitation and selection process for potential developers of other school buildings for which DEF does not intend to file a proposal, since your brother would have no financial interest in these particular matters. Under G.L. c. 268A, s.20, you are prohibited from having a "financial interest” directly or indirectly in a contract made by a municipal agency of the same city ..... However, even assuming that DEF were to be awarded a development contract for the School, it is clear that you would have no financial interest in the contract between the City and DEF. Moreover, the Commission will not impute your brother's financial interest to you since you have no personal or financial involvement with DEF. Compare, EC-COI-80-105; 80-94; 80-39.
Accordingly, you will not violate s.20 as long as you continue to have no involvement in the management or finances of DEF.
End Of Decision
