Opinion  EC-COI-82-3

Date:	03/16/1982
Organization:	State Ethics Commission

A member of the General Court may serve on a municipal review committee for a project that will expend state and private funds, as long as he receives from the mayor a written determination that his status as a state employee is not a factor to "be deemed likely to affect the integrity of the services" that the municipality expects of him. While serving on the committee, he should not participate as a legislator in special legislation in which the municipality has a financial interest.

Facts

You are a member of the General Court and represent a City (City). The Mayor of the City recently asked you to serve on an unpaid, ad hoc committee to oversee the construction of a building. The committee will consist of five prominent citizens but will have no actual authority over the financing or construction of the building. You state that the committee's role will be to serve as a review committee for the Mayor. The funding for the building will be derived from public and private sources. In particular, state tourism funds will be used for the construction. These funds were appropriated by the General Court and no further action by the General Court will be required.

Question

You wish to know whether the conflict of interest law, G.L. c. 268A, permits you to accept appointment on the committee.

Answer

The Commission advises you that it does, subject to the conditions set out below.

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. In your capacity as a member of the General Court, you are a state employee within the meaning of G.L. c. 268A, s.1(q). However, while you serve on this ad hoc committee, you will also be deemed an employee of the City. See, EC-COI-80-49; 81-4.

       Accordingly, as a member of the General Court, you should not participate in any particular matter [1] in which that City has a financial interest. See, G.L. c. 268A, s.6; EC-COI-81-53. Since the enactment of general legislation is not considered a "particular matter", this means only that while you serve on the committee, you should not participate in special legislation in which the City has a financial interest. On the other hand, as a member of the committee, you cannot participate in any particular matter in which the Commonwealth has a financial interest. See, G.L. c. 268A, s.19. Since state funds are being used, the Commonwealth does have a financial interest in determinations with respect to the construction of the building. However, you may be exempted from the restrictions of s.19, if the Mayor makes a written determination that your status as a state employee is not a factor to "be deemed likely to affect the integrity of the services" which the City expects from you. [2]

End Of Decision 

[1] "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] Since you will not be paid for your services on the committee, the restrictions set out in G.L. c. 268A, s.4 on outside activity by members of the General Court will not apply.