Opinion  EC-COI-82-165

Date:	11/30/1982
Organization:	State Ethics Commission

A member of the General Court may serve on the board of directors of private organizations receiving state funds. However, he must comply with certain limitations on compensation other than his legislative salary, and he may not participate as a legislator in particular matters in which these organizations have a financial interest, such as special legislation.

Facts

You are a member of the General Court. You also serve as an unpaid member of the Board of Directors. (Board) of each of the following private organizations: ABC, DEF, GHI, and JKL. Each of these organizations receives some state funding.

Question

Does the conflict of interest law, G.L. c. 268A, permit you to serve simultaneously as a member of the General Court and as an unpaid board member of one or more private organizations?

Answer

Yes, although you will be subject to certain limitations.

Discussion

       As a member of the General Court, you are a "state employee," G.L. c. 268A, s.1(q), and, as a result, subject to the conflict of interest law. Section 4 of that law regulates the outside activities of state employees working for or on behalf of outside parties. As applied to members of the General Court, s.4 prohibits your personal appearance before any state agency for any compensation other than your legislative salary unless: 1) the "Particular matter"[1] before the state agency is ministerial[2] in nature; or 2) the appearance is before a court of the Commonwealth; or 3) the appearance is in a quasi-judicial proceeding.[3] Since you are not compensated by any of these organizations, these restrictions do not apply to any appearances you might make before state agencies on behalf of these organizations as a Board member.

       Section 6 of G.L. c. 268A prohibits your participation as a member of the General Court in any particular matter in which a business organization of which you are a director has a financial interest. The term business organization includes non-profit, as well as for-profit corporations. EC-COI-81-22. As a legislator you must avoid acting as such in particular matters involving a financial interest of these organizations. The definition of particular matter specifically excludes general legislation. Special legislation, however, which would uniquely affect a financial interest of any one of these organizations is not excluded. You should therefore refrain from participating

DATE AUTHORIZED: November 30, 1982

End Of Decision 

[1] For the purposes of G.L. c. 268A, "particular matter" is defined as 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. G.L. c. 268A, s.1(k).

[2] For the purposes of this paragraph, ministerial functions include, but are not limited to, the filing or amendment of: tax returns, applications for permits or licenses, incorporation papers, or other documents.

[3] For the purpose of this paragraph, a proceeding shall be considered quasi-judicial if: (1) the action of the state agency is adjudicatory in nature; and (2) the action of the state agency is appealable to the courts; and (3) both sides are entitled to representation by counsel and such counsel is neither the attorney general nor the counsel for the state agency conducting the proceeding (e.g. Appellate Tax Board). in your legislative capacity in special legislation in which any of the four organizations has a financial interest.