| Date: | 12/01/1981 |
|---|---|
| Organization: | State Ethics Commission |
A state employee may work part-time for a private corporation ss a fundraiser provided because the funds will not be in connection with any state particular matters. The state employee must also not solicit from any organizations or businesses with whom the employee deals in his state employee capacity.
You currently are an employee of a state agency (ABC). You would like to work part-time for a private non-profit corporation (corporation). You would be employed as a fund raiser soliciting business establishments in raffles while maintaining your employment with ABC.
You ask whether, consistent with the conflict of interest law, G.L. c. 268A, you may engage in this private employment.
The Commission concludes that you may work for the corporation as a fund raiser subject to the conditions discussed below.
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. In your position with ABC, you contact private sector employers for special conferences. In your private capacity, you intend to coordinate fund raising events for the corporation by finding businesses which are willing to donate or sell the corporation a product which will be used as the prize in a raffle sponsored by the corporation. You will be paid from the proceeds of the raffle. You indicate that no relationship exists between the corporation and ABC, but that the corporation does have a contract with the Department of Mental Health (DMH). However, to the best of your knowledge, the corporation is not sponsoring the raffles in connection with any business dealings it has with the state.
As a full-time state employee with ABC, you are subject to the provisions of s.4(a) and (c). This section prohibits you from directly or indirectly, receiving or requesting compensation from, and acting as the agent for, anyone other than the Commonwealth or a state agency in connection with any particular matter in which the Commonwealth or a state agency is a party or has a direct and substantial interest.[1] A raffle, in and of itself, is not a particular matter as that term is defined in s.1(k); therefore, you are not strictly prohibited from coordinating this type of event. However, if the proceeds from the raffle were to be used in connection with a particular matter of direct and substantial interest to the Commonwealth or a state agency, such as generating funds to pay the cost of legal fees in a suit between the corporation and DMH or any other state agency, you would be barred from participating in that fund raising event. See, EC-COI-81-89.
Additionally, the provisions of s.23 also limit your activities for the corporation. In particular, s.23(e) prohibits you from conduct which gives a reasonable basis for the impression that any person(s) 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. You must refrain from soliciting any organizations or businesses with whom you deal in your ABC capacity. See, EC-COI- 81-123; 81-107.
In conclusion, you may work part-time for the corporation as long as you restrict yourself to those fund raising events that are not in connection with any particular matter of direct and substantial interest to the Commonwealth or a state agency and you do not solicit funds from organizations with whom you deal in your ABC capacity. If you have any further questions, please feel free to contact the Commission.
End Of Decision
