Opinion  EC-COI-81-103

Date:	07/07/1981
Organization:	State Ethics Commission

A former state employee may accept compensation from a private company that previously contracted with their agency, provided the work is unrelated to matters in which they participated. G.L. c. 268A, § 5 prohibits the individual from receiving compensation in connection with the contract they helped award. However, the individual may accept compensation for separate work that is not connected to that contract. For one year after leaving state service, the individual is also prohibited from appearing before state agencies in matters that were under their official responsibility.

Facts

From (dates omitted), you served as the administrator of the ABC Transit Authority (ABC). During this period the ABC and DEF jointly solicited bids for the purchase of equipment. You state that you participated in the decision of the ABC board to award the contract to GHI, Inc., a private company which manufactures equipment. You recently left your position with ABC and in (date omitted) were offered a temporary position with GHI to deliver a vehicle to a conference in California. GHI has offered to reimburse you for your expenses and to pay you approximately $200 weekly for your services.

Question

You wish to know whether G.L. c. 268A permits you to receive reimbursement and compensation from GHI.

Answer

The Commission concludes that it does.

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. The ABC, a regional transit authority created pursuant to G.L. c. 161B, is a state agency within the meaning of G.L. c. 268A, s.1(p). See, EC-COI-79-91.^[1] Accordingly, upon the termination of your services with the ABC, you became a former state employee pursuant to G.L. c. 268A, s.5. As a former state employee, you are prohibited from acting as the agent for or receiving compensation from anyone other than the Commonwealth or a state agency in relation to a particular matter^[2] in which the Commonwealth or a state agency is a party or has a direct and substantial interest and in which you participated as a state employee. The contract between ABC and GHI for the purchase of the minibuses is a particular matter. Inasmuch as you participated in the process by which the ABC approved the contract with GHI, you are prohibited from ever receiving compensation from GHI or representing GHI in connection with this contract. 

Decision

On the basis of the information which you have provided, the Commission concludes that your prospective employment arrangement with GHI is not "in connection with" the equipment contract between ABC and GHI, but rather is a separate matter which neither derives from the equipment contract with ABC nor involves in any way the interests of the ABC. The restrictions of Section 5(a), however, will continue to apply with respect to your receipt of compensation in connection with other particular matters in which you participated while employed at ABC. You should also be aware that G.L. c. 268A, s.5(b) prohibits you for one year from appearing personally before any state court or state agency in connection with any particular matter as described above, which was under your official responsibility at any time during the two years prior to the termination of your state employment.

Accordingly, for one year following your date of resignation, you will be prohibited from appearing personally before any state court or state agency in connection with any matter that was under your official responsibility during your previous two years of service with the ABC. On the basis of the foregoing discussion, the facts which you raise related to your prospective employment with GHI similarly do not constitute a violation of s.5(b). In view of your former position as administrator, however, it is likely that other particular matters came under your official responsibility at the ABC. You should, therefore, continue to refrain until 1982 from representing GHI or any other private party before any state court or state agency in connection with particular matters which came under your official responsibility during the two-year period prior to your termination of services with the ABC.^[3]

End Of Decision

[1] "State agency", any department of a state government including the executive, legislative or judicial, and all councils thereof and thereunder, and any division, board, bureau, commission, institution, tribunal or other instrumentality with such department and any independent state authority, district, commission, instrumentality or agency, but not an agency of a county, city or town. G.L. c. 268A, s.1(p).

[2] "Particular matter", any judicial or other proceeding, application, submission, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, decision, determination, finding, but excluding enactment of general legislation by the general court. G.L. c. 268A, s.1(k).

[3] It would, of course, be a violation of the conflict of interest law if GHI's offer to you was in return for, or because of, your prior decision to award it the equipment purchase contract. See, G.L. c. 268A, s.2 and s.3. The advice given above assumes that such was not the case. In that regard, we note that ABC approved GHI in (date omitted) of 1981.