| Date: | 11/24/1981 |
|---|---|
| Organization: | State Ethics Commission |
A state employee may not work on a project in his state position and also serve as a consultant for a private company on the same project. This is prohibited pursuant to G.L. c. 268A, § 23(a).
- This page, EC-COI-81-151, is offered by
- State Ethics Commission
Opinion
Opinion EC-COI-81-151
Table of Contents
Facts
You are a full-time consultant to state agency ABC (ABC) on a Project (Project) involving certain companies. In this capacity, you work as a cost data collector and analyzer. This involves recording cost information taken from the financial books and records of the companies. The companies participate in the Project voluntarily and the information is used to determine the operating costs. You would also like to be a private consultant to companies, some of which are included in the Project, doing bookkeeping and budgeting for the companies. In your private capacity as a bookkeeper, you intend to enter cost information into the financial books and records of the companies and participate in budgeting activities.
Question
You ask whether you may simultaneously work in these two consulting positions without violating the conflict of interest law, G.L. c. 268A.
Answer
The Commission concludes that you may not serve as a consultant to companies who are the Project participants.
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. By virtue of your status with ABC, you are a state employee within the meaning of G.L. c. 268A, s.1(q). See, In the Matter of Louis Logan, Commission Adjudicatory Docket No. 131, Decision and Order (April 28, 1981). As a state employee, the provisions of G.L. c. 268A, s.23 apply to you. This section sets out standards of conduct which must be adhered to by all state employees and involves the appearance of an impropriety as well as overt acts. Section 23(a) prohibits you from accepting other employment which will impair your independence of judgment in the exercise of your official duties. Your consultant services to various companies would constitute "other employment" within the meaning of s.23(a) inasmuch as you would be compensated for the bookkeeping and budgeting activities. In your position with ABC you work very closely with those companies that are in the Project. The purpose of the Project is to inform the companies of how much it is costing them to operate their programs and how they compare to other companies that contract with the state. In carrying out your ABC responsibilities, you must be free to exercise independent judgment and to maintain your loyalty solely to the interests of the Commonwealth. By accepting employment from some of the companies included in the Project, you create the potential for impairment of your independence of judgment and raise concern over the credibility of the Project findings. If you were to be simultaneously employed by companies to do their financial records while also employed by the state to analyze these same records, the Project results could be tainted or appear to be tainted. The Commission has consistently applied s.23(a) to prohibit private employment arrangements such as yours which may impair an employee's independence of judgment. See, EC-COI-81-133; 81-107; 81-46; 80-17.
Decision
In conclusion, the Commission advises you that G.L. c. 268A, s.23(a) prohibits you from accepting employment with those companies that are included in the Project. However, you may work for those companies that are not participants in the Project.
End Of Decision