| Date: | 01/12/1981 |
|---|---|
| Organization: | State Ethics Commission |
- This page, EC-COI-81-6, is offered by
- State Ethics Commission
Opinion
Opinion EC-COI-81-6
Table of Contents
Facts
You are a former state employee, having previously served on the ABC state agency from 1979 to 1980 and as state employee of the XYZ state agency from 1975 to 1979. P2R, a private non-profit corporation which has contracts with several state agencies, including XYZ has asked you to advise them on their structure and financial reporting system and to represent them before the DEF in connection with a matter. You will not assist P2R with their license from or in their dealings with the ABC.
Question
You ask whether you may provide these services without violating the conflict-of-interest-law, General Laws Chapter 268A.
Answer
We conclude that you may, subject to the caveats discussed below.
Discussion
In rendering this opinion, the Commission has relied upon facts as you have stated them and has not conducted any independent investigation of those facts.
You advise us that as an employee of XYZ you awarded grants to service providers. While you do not recall whether you awarded any XYZ grant to P2R, any such grant would have expired at the end of Fiscal Year 1979; you did not participate in or have any responsibility for any subsequent grants or contracts made by XYZ. In addition, between 1977 and 1978, you participated in a taskforce which recommended changes in the general procedures and methodology used by the DEF; the task force was of concerned with and did not review any specific matters or individual providers.
As a former state employee, section 5 (a) prohibits you from receiving compensation from or acting as the agent for anyone other than the Commonwealth in relation to any particular matter in which the state is a party or has a direct and substantial interest and in which you participated as a state employee. Section 5(b) prohibits you for one year (i.e., until 1981) from personally appearing before any state court or state agency as the agent for anyone other than the Commonwealth in connection with any particular matter in which the state is a party or has a direct and substantial interest and which was within your official responsibility as a state employee at any time within the two years prior to the termination of your state employment (i.e. between1978 and 1980).
As a consultant to P2R, you will be receiving compensation, and you will be acting as their agent before the DEF. The term “particular matter" is defined in section 1(k) to include any “application, submission... contract ... decision [or]determination". While the matter of P2R before the DEF and any grants or contracts awarded by state agencies for this fiscal year or the next constitute "particular matters", you did not participate in or have any official responsibility for those matters as a state employee. However, any annual which you awarded to P2R would be a particular matter to which the state was a party and in which you participated.
Decision
Accordingly, you may perform the consulting services described provided that you refrain from assisting or representing P2R in connection with any annual XYZ grant which you had awarded to them.
End Of Decision