| Date: | 05/18/1981 |
|---|---|
| Organization: | State Ethics Commission |
An employee of the general court who is contemplating leaving state service for a position in the private sector is generally advised of the restrictions imposed by the conflict law on former state employees. He is also informed that he may not act as legislative agent for his new employer before either branch of the general court for one year.
You are currently employed as a (title omitted) by the Committee on ABC of the Massachusetts House of Representatives. You are also assigned to the DEF Committee of the House. You wish to leave state service to become the Director of Governmental Affairs with GHI.
You ask to what extent the conflict-of-interest law, General Laws Chapter 268A, will restrict your activities on behalf of GHI, particularly in the area of lobbying.
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 present position, you are a state employee. See, General Laws Chapter 268A, s.1(q). Once you leave state service, you will be subject to the restrictions on former state employees found in s.5 of Chapter 268A. Subsection (a) of 55 will prohibit you from acting "as agent or attorney for or [receiving] compensation directly or indirectly from 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 and in which [you] participated as a state employee while so employed." Particular matter is defined in s.1(k) as "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." Thus, if you actually participated in a particular matter as a state employee, you can never become involved in that same matter after you leave state service on behalf of the GHI. However, this prohibition would not relate to general legislation on which you may have worked while assigned to the DEF committee.
Section 5(b) precludes you, for one year, from appearing personally before any court or state agency on behalf of GHI in connection with any particular matter in which the Commonwealth or a state agency is a party or has a direct and substantial interest and which was under your official responsibility at any time within two years prior to the termination of your employment. The application of s.5(b) turns on your authority in connection with any matter as opposed to your actual participation in the matter. Official responsibility is defined in s.1(i) as the direct administrative or operating authority, whether intermediate or final, and either exercisable alone or with others, and whether personal or through subordinates, to approve disapprove or otherwise direct agency action." As with s.5(a), this prohibition will not relate to your prior work on general legislation.
Finally, s.5(e) will prohibit you, for one year, from acting as a legislative agent, as that term is defined in s.39 of Chapter 3 for anyone other than the commonwealth or a state agency before the governmental body with which you are associated. Thus, for one year, you may not act as a lobbyist on behalf of the GHI before either branch of the General Court.
You should note that s.39 of Chapter 3 defines a legislative agent as including "any person who, for compensation or reward does any act to promote, oppose, or influence legislation." The term includes persons "who, as any part of their regular and usual employment and not simply incidental thereto, attempt to promote, oppose, or influence legislation." You have not asked whether any specific activity on your part, on behalf of the GHI, would constitute lobbying. However, for general guidance in this area, you should refer to Attorney General Bellotti's opinion to Secretary of State Guzzi dated February 3, 1975, 1974-1975 A.G. No. 48 (pg. 112).[1]
End of Decision
