Opinion  EC-COI-81-90

Date:	06/09/1981
Organization:	State Ethics Commission

A full-time state employee may not, pursuant to G.L. c. 268A, § 4(c), act as agent for a private non-profit corporation in connection with a contract with a state agency, including soliciting contributions related to the contract. Section 6 prohibits the employee from participating in any state matter in which the non-profit has a financial interest without disclosure and approval. Section 23 prohibits conduct creating an appearance of undue influence, pursuit of a course of conduct undermining public trust, or disclosure of confidential information.

Facts

You are employed on a full-time basis as administrative assistant to a state agency (ASC). You are also a member of the Board of Trustees of NPC, Inc. (NPC), a non-profit corporation. NPC is currently negotiating with a Commonwealth department CD over the provisions of a contract involving CD. Under the proposed contract, NPC intends to solicit donations from public and private sources and to forward these funds to CD, CD in turn, will utilize these funds.

Question

You wish to know if the conflict of interest law, General Laws Chapter 268A prohibits you from soliciting contributions or otherwise acting as agent for NPC with respect to this contract.

Answer

The Commission concludes that it does. 

Discussion

In rendering this opinion, we have relied upon the facts as you have stated them and have not made any independent investigation of those facts. The ASC is a state agency within a department and has certain responsibilities. As a full-time employee of the ASC you are a state employee within the meaning of General Laws Chapter 268A §1(q). As a state employee, you are prohibited by Section 4(c) from acting as agent for a private party in connection with a particular matter in which the Commonwealth or a state agency is a party or has a direct and substantial interest. The prohibition reflects a statutory policy that a state employee's loyalty should rest solely with the Commonwealth. See, W. G. Buss, "The Massachusetts' Conflict of Interest Statute: An Analysis", 45 B.U, Law Rev. 299, 323 (1965).

Decision

The contract between CD and NPC would be a particular matter. See, G.L. c. 268A s.1(k). Accordingly you may not act as an agent for NPC in connection with the contract or any other particular matters in which the commonwealth is a party or has a direct and substantial interest. This prohibition does not restrict you from continuing your other activities for NPC which are unrelated to the contract. You are prohibited, however, from soliciting contributions or representing NPC in any way in connection with the contract between CD and NPC.

End of decision