| Date: | 08/19/1982 |
|---|---|
| Organization: | State Ethics Commission |
A state legislator may allow his office staff to use a word processor/ computer that he leases with her personal funds as long as it is used for purposes related to his legislative position and not for personal or campaign-related purposes while it is in his State House office.
You are a State Legislator. You intend to lease a word processor/computer with your personal funds. You would like to store it in the State House for use by your secretaries.
May you make available to your office staff a word processor/computer which you lease with your personal funds?
Yes, as long as it is used for purposes related to your position as a member of the General Court and not for personal or campaign-related purposes, while it is located in your State House office.
Section 23 of the conflict of interest law contains standards of conduct which apply to all state employees including members of the General Court. Section 23(d) proscribes the use of your official position to secure unwarranted privileges for yourself or others. In the past, the Commission has advised state employees that the use of state supplies and/or state facilities in connection with private, non-state matters violates s.23(d). In EC-COI-81-88, the Commission told a member of the General Court that, because of s.23(d), he could not make his State House office space, telephones or other facilities available to a certain non-profit organization. And, in EC-COI-82-51, the Commission stated that this section similarly prohibits the use of a state employee's state office or supplies for political activities. As a result, you must refrain from using the word processor for purely personal or campaign-related purposes as long as it remains in your office. In short, no literature, mailings or other informational materials paid for with campaign funds should be prepared on the word processor. Even though you are leasing the word processor with your personal funds, the utilization of state-supplied office space, electricity, lighting, etc. which would necessarily accompany its use for these purposes is an unwarranted privilege arising out of your official position and, thus, prohibited by s.23(d).
End Of Decision
