Date: | 06/02/1981 |
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Organization: | State Ethics Commission |
A state legislator who is on the board of directors of a non-profit organization cannot make State House office space, telephones and other facilities available to that organization.
Date: | 06/02/1981 |
---|---|
Organization: | State Ethics Commission |
A state legislator who is on the board of directors of a non-profit organization cannot make State House office space, telephones and other facilities available to that organization.
Dear (Name Omitted),
You are a State Senator and a member of the Board of Directors of a non-profit organization which (description omitted).
You ask whether, consistent with the conflict-of-interest law, General Laws Chapter 268A, you may make available to that organization your office space, telephones and other facilities at the State House "for work in keeping with the stated purposes of the organization."
The Commission concludes that you may not. [*]
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.
As a state senator, you are a state employee as that term is defined in Section 1(q) of Chapter 268A. You are subject, therefore, to the standards of conduct set out in Section 23 of Chapter 268A. Specifically, Section 23(d) prohibits a state employee from "us[ing] or attempt[ing] to use his official position to secure unwarranted privileges or exemptions for himself or others".
If you were to allow the organization use of your office and other facilities at the State House, you would be using your official position to secure for it an unwarranted privilege. Compare EC-COI-81-23. Assignments of rooms in the State House are made "in such manner as the public service may require". See G.L. c. 8, s.10.
Thus, the organization would be receiving something not generally available to private interest groups. Moreover, an appearance would be created that the organization is officially sanctioned by the Commonwealth.