| Date: | 12/08/1981 |
|---|---|
| Organization: | State Ethics Commission |
A State employee will not be prohibited from being paid to provide consulting services to private companies because the work will not involve particular matters governed by G. L. c. 268A, § 4 and the private will be conducted without using State time or resources, in compliance with G. L. c. 268A, § 23(d).
You currently serve as superintendent within the Department of ABC (ABC). During your vacation days, you would like to work as a paid management consultant to three private companies in the XYZ area. The activities of these companies include advertising, arranging trade shows, and producing specialty newspapers. These companies do not conduct any business with the Commonwealth and are not affiliated in any way with ABC Dr the Executive Office of DEF.
You wish to know whether the conflict of interest law permits you to engage in these management consultant activities.
The Commission advises you that it does.
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 capacity as superintendent within ABC, you are a state employee within the meaning of G.L. c. 268A, s.1(q). As a state employee, you are prohibited by s.4(a) from receiving compensation from anyone other than the Commonwealth or a state agency in. relation to any particular matter [1] in which the Commonwealth or a state agency is a party or has a direct and substantial interest. The Commission advises you, however, that your consultant contracts would not be particular matters in which the Commonwealth or a state agency is a party or has a direct and substantial interest. In particular, the Commonwealth does not exercise regulatory authority over the businesses for which you wish to consult. Compare, EC-COI-80-95.
While your consultant arrangements are permissible under s.4, you should be aware of certain limitations which G.L. c. 268A, s.23(d) imposes on your activities. Under s.23(d), you may not use your official position to secure unwarranted privileges for yourself or others. You should, therefore, not use state supplies, facilities or personnel in preparing for or carrying out your consultant activities. See, EC-COI-81-132, 80-28.
End Of Decision
