Opinion  EC-COI-81-166

Date:	12/01/1981
Organization:	State Ethics Commission

A county employee may serve as a campaign manager for a political candidate and receive compensation for that work. Because campaign activities are not particular matters of direct and substantial interest to the county, G.L. c. 268A, § 11 does not prohibit the arrangement. However, the employee may not use their official position or county facilities for the campaign and may not exert pressure on their employees or other people with whom they deal as a county employee to participate in or contribute to the campaign, in accordance with § 23.

Fact & Question

You are an employee of a county and ask whether, consistent with the conflict of interest law, General Laws Chapter 268A, you may serve as campaign manager for a state candidate and whether you may be compensated for so serving.

Answer

The Commission concludes that you may.

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. You are a county employee as that term is defined in G.L. c. 268A, s.1(d). See, EC-COI-80-42. The provisions of Chapter 268A relevant to the questions you ask are Sections 11 and 23. Section 11 prohibits you from receiving compensation from, or acting as agent for, anyone other than the Commonwealth or the County in relation to a particular matter^[1] in which the county is a party or has a direct and substantial interest. However, your activities as campaign manager and any compensation you would receive for those activities would not be in relation to a particular matter of direct and substantial interest to your county and, therefore, these prohibitions would not come into play. See, Op. A.G., April 2, 1971, p.103. The Standards of Conduct set out in Section 23, on the other hand, would be applicable. In particular, s.23(d) prohibits you from "us[ing] or attempt[ing] to use [your] official position to secure unwarranted privileges or exemptions for [yourself] or others." Accordingly, while you may serve as campaign manager and be compensated for doing so, you may not "misuse [your] official position for political purposes." Op. A.G., February 26, 1968, p. 178. The Commission will not attempt to list all potential "misuse." Clearly, you may not use your office and other county facilities and resources for the campaign effort (compare, EC-COI-81-88) and may not exert pressure on your employees or other people with whom you deal as a county employee to participate in or contribute to the campaign. If you have any question about the propriety of any other specific activity, you should seek a further opinion.

Decision

The Commission can advise you only as to the requirements of Chapters 268A and 268B. You should note the limitations on political activities set out in Chapter 55, particularly Sections 13 through 17.

End Of Decision

[1] Particular matter is defined in s.1(k) as "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."