Opinion

Opinion  EC-COI-81-88

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.

Facts

Dear (Name Omitted),

You are a State Senator and a member of the Board of Directors of a non-profit organization which (description omitted).

Question

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."

Answer

The Commission concludes that you may not. [*]

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.

     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".

Decision

     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. 

[*] The State Ethics Commission is authorized to render advisory opinions only as to the requirements of General Laws Chapter 268A (the conflict-of-interest law) and Chapter 268B (the financial disclosure law). See G.L. c. 268B, s.3(g). Accordingly, the Commission cannot advise you as to the requirements of any other provisions of the General Laws or any other code of conduct applicable to members of the General Court. This would also be the case with respect to your additional questions concerning the laws regulating the activities of legislative agents. See G.L. c. 3, s.39 et seq.

 

End Of Decision

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