| Date: | 12/15/1981 |
|---|---|
| Organization: | State Ethics Commission |
A Department of Elder Affairs consultant may serve without compensation on the Legislative Action Committee of a labor organization to provide input on issues affecting the elderly. The consultant must not act as the Committee’s agent regarding legislation in which the Commonwealth has a direct and substantial interest and should seek further advice if such issues arise.
You are a full-time consultant to the Massachusetts Department of Elder Affairs (Department). As such, you organize and supervise a particular office and activity in the Department. You have been asked to serve for no compensation on the Legislative Action Committee (Committee) of a labor organization to provide input concerning the elderly population of the Commonwealth.
You ask whether you may accept this position without violating the state conflict of interest law, G.L. c. 268A.
The Commission concludes that you may, but your activities as a member will be restricted as detailed below.
In rendering this opinion, the Commission has relied on the facts as you have stated them and has not made any independent investigation of those facts. You inform us that the Committee's purpose is to maintain an organized forum where certain individuals and groups may monitor federal action and legislation in the area of elder affairs. You would not serve on this Committee as a representative of the Department and will make it clear that you are expressing your own viewpoint. You also intend to transfer to your Department office any data or information which you think may be of value. You do not intend to take any public position as a representative of this Committee. As a full-time employee of the Department, you are a state employee as that term is defined in the conflict law. G.L. c. 268A, s.1(q). Section 4(c) of that law prohibits you from acting as agent (or attorney) for anyone other than the Commonwealth in relation to any "Particular matter"[1] in which the state or a state agency is a party or has a direct and substantial interest. Federal legislation which impacts the entire country is hot a "particular matter" in which the state has a direct and substantial interest. Therefore, s.4(c) will not prohibit you from acting as an agent of the Committee regarding that type of legislation. However, a particular piece of federal legislation may affect the Commonwealth so uniquely that it may be a particular matter in which the state has a direct and substantial interest. You should seek a further advisory opinion should you wish to appear as an agent of the Committee regarding federal legislation which is directed towards or may affect only Massachusetts.[2]
Section 23 of the conflict of interest law delineates standards of conduct which apply to all state, county and municipal employees. Section 23(d) prohibits you from using your official position to gain unwarranted privileges for yourself or others. Since you state that you will not be acting as a representative of the Department at any time as a member of the Committee and that you intend, rather, to use your position on the Committee to obtain information for, your department office, this provision of s.23 does not apply. Section 23(e) prohibits you from, by your conduct, giving 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. This provision often comes into play when a state employee is asked to participate in a group like this because of her state position. However, since neither you nor the Department has any authority over the Committee, your official duties cannot be affected. Compare, EC-COI-81-134; 81-135.
In conclusion, the conflict of interest law does not prevent you from accepting a position on the Committee, but you should seek an opinion from the Commission should certain legislation arise.
End Of Decision
