You are a member of the General Court. This year, as in previous years, you have filed general legislation which would regulate a particular subject. (Subject "A"). You also are a partner in, a private law firm. That firm is currently representing a group of citizens of City A in a civil case involving Subject "A".
City A, which falls within your senatorial district, is considering filing Home Rule legislation establishing municipal regulation of Subject "A".
You ask whether the conflict-of-interest law, General Laws Chapter 268A, prohibits you from (a) acting and voting on the general Subject "A" legislation or (b) signing or voting on the Home Rule bill or appearing at a legislative hearing on it.
The Commission concludes that you are not restricted with regard to your Subject "A" bill but that you are restricted concerning the Home Rule bill.
In rendering this opinion, the Commission has relied on the facts as you have stated them and has not conducted any independent investigation of those facts.
As a member of the General Court, you are a state employee. See G.L. c. 268A, s.1(q). Section 6 of the conflict law prohibits you from participating in your capacity as a legislator in a particular matter in which you, your partner or a business organization in which you are a partner has a financial interest. The term "particular matter" as defined in section 1(k) of the conflict law includes "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." (emphasis supplied). Therefore, even if any of the parties named in section 6 had a financial interest in the general Subject "A" legislation, the exclusion of general legislation from the definition of particular matter would allow you to participate fully as a legislator without violating this section. Thus, if you, your partners or your partnership had a financial interest in this legislation, you may still act as a legislator. If your duties as a legislator require you to act in a way which would affect your financial interest in a manner greater than its effect on the general public, s.6A would require you to file a written disclosure with the Ethics Commission describing the action required and the nature of your financial interest. This would apply to general legislation which would benefit you or your partnership. You would still be allowed to act on the matter. See EC-COI-80-10.
The Home Rule legislation which City A intends to file is special, rather than general legislation, because its intent and effect are directed at one municipality. See Op. of the Justices, 356 Mass. 775 (1969). Therefore, it would not be excluded from the definition of "particular matter". Section 6 would apply and would prohibit your participation in the legislative processes surrounding the enactment of this legislation, including committee or public hearings, and recommendations, if you, your partners, or your partnership have a financial interest in it. You state that the civil case in which your partnership is engaged is based on representations concerning Subject "A" on which your clients relied. Legislative approval of the Home Rule bill could prevent the defendant from proceeding with his plans. If this occurs, the plaintiffs in the civil suits would most likely be unable to show any harm or damage from his action thereby rendering the case moot and ending the clients' need for legal representation. Accordingly, the partnership has a financial interest in the outcome of this Home Rule legislation. Therefore, you are prohibited by section 6 from participating as a legislator in the processes surrounding the enactment of this bill. This is true regardless of what position you would take concerning this legislation because section 6 prohibits participation wherever a financial interest exists without regard to what effect that participation would have on the interest. Your signing of this Home Rule petition as state Senator representing City A or testifying in any hearing on this particular piece of legislation would be barred, as would any vote or recommendation.
The second paragraph of section 6 requires a state employee to file with the official responsible for his appointment and the Ethics Commission a disclosure detailing the nature of any particular matter in which he is required to participate as a state employee and in which he has a financial interest. Therefore, you will have to file a disclosure should such a matter come before you as a legislator.
In conclusion, you are not prohibited by the conflict of interest law from performing your duties as a legislator in relation to the general legislation concerning Subject "A”. However, the restrictions and disclosure requirements of section 6 of Chapter 268A have full effect regarding City A's Home Rule bill.[*]
