Opinion  EC-COI-81-187

Date:	12/15/1981
Organization:	State Ethics Commission

A member of the General Court may serve as an unpaid member of a board of health in his town; however if he does so, he will be a town employee and as such must refrain from voting as a legislator on special legislation that solely affects the financial interest of his town; he may continue to act or vote on general legislation.

Facts

You are currently a member of the General Court and represent Town X. The Selectmen of Town X recently appointed you to serve on an unpaid basis as a member of the Town's Board of Health.

Question

You would like to know whether the conflict of interest law, G.L.c. 268A, places any limitations on your activities in both positions.

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. In your capacity as a member of the General Court, you are state employee within the meaning of G.L.c. 268A, s.1(q). As a state employee you are prohibited by s.6 from participating [1] in any particular matter [2] in which a business organization in which you are serving as an officer, director, trustee, partner or employee has a financial interest. Town X is a business organization within the meaning of s.6. See, Attorney General Conflict Opinion No. 613; EC-COI-81-183. As a member of the Board of Health of Town X you would be serving as an officer or employee of the town.  Accordingly, you must refrain, as a member of the General Court, from participating in any particular matter in which the Town has a financial interest separate and distinct from other cities and towns in the area. EC-COI-81-153. Inasmuch as the definition or particular matter excludes the enactment of general legislation by the General Court, you may vote or act on any general legislation. However, you should refrain from voting or acting on special legislation affecting solely the financial interests of Town X. See, EC-COI-81-81.[3]

[1] "Participate," participate in agency action or in a particular matter personally and substantially as a state, county or municipal employee, through approval, disapproval, decision, recommendation, the rendering of advice, investigation or otherwise. G.L.c. 268A, s.1(j).

[2] "Particular matter," 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. G.L.c. 268A, s.1(k).

[3] The conflict of interest law also prohibits state employees from acting as agent or attorney for someone other, than the commonwealth in relation to particular matters of direct and substantial interest to the state or in which the state is a party. See, G.L.c. 268A s.4(c). However, as a member of the general court, you are specifically exempt from the provisions of s.4(c). See, EC-COI-81-155.

End Of Decision