You currently serve as an employee of a County (County). In 1981, you formed a cable-TV corporation (ABC), for which you serve as a stockholder and officer. ABC is about to enter into a limited partnership arrangement with another cable-TV corporation (DEF). The limited partnership is actively seeking cable television licenses in three communities within the County. The licenses would be awarded by the boards of selectmen of the respective communities pursuant to G.L. c. 166A and the rules and regulations of the Cable Antenna Television Commission (CATC).
You wish to know whether the conflict of interest law, G.L. c. 268A, permits you to maintain your financial interest in the limited partnership while you serve as County employee.
The Commission advises you that it does, subject to the limitations set forth below.
In rendering this opinion, the Commission has relied upon the facts as you have stated them and as not made any independent investigation of those facts. You are a county employee within the meaning of G.L. c. 268A, s.1(d). As a county employee, you are prohibited by G.L. c. 268A, s.14 from having a financial interest in a contract made by a county agency of the County in which the county agency or the County are interested parties. However, s.14 will not prevent you from maintaining your financial interest in the limited partnership since the licensing determinations by the respective boards of selectmen do not involve any contracts with a county agency of the County. Section 11(c) of G.L. c. 268A prohibits you from acting as the agent for a private party in connection with any particular matter [1] in which the County or an agency of the County has a direct and substantial interest. Although the Commission has previously concluded that local cable television licensing applications and decisions are particular matters of direct and substantial interest to the state in view of the state's extensive regulatory role in this area (see, EC-COI-80-95), the rationale of that opinion cannot be applied to counties since counties play no regulatory role in the local cable television application or decision-making process. The fact that the communities may be geographically located within the County is not sufficient to make the matter of direct and substantial interest to the County. Compare, EC-COI-80-63; 80-61. You should be aware, however, that G.L. c. 268A, s.23(d) prohibits you from using your official position as County employee to secure unwarranted privileges or exemptions for yourself or others. Further, s.23(e) prohibits you from giving a reasonable basis for the impression that any person can improperly influence or unduly enjoy your favor in the performance of your official duties or that you are unduly affected by the kinship, rank, position, or influence of any party or person. While it is true that your relationship as County Treasurer to cities and towns within the County is largely ministerial. (Identifying description of duties deleted.) Situations may arise where you may be required to exercise discretion with respect to a particular municipality's finances. You should carefully avoid providing or giving the appearance of providing preferential treatment to a municipality on the basis of the community's decisions regarding cable television license applications filed by DEF. See, EC-COI-81-21.
End Of Decision
