| Date: | 07/19/1983 |
|---|---|
| Organization: | State Ethics Commission |
A member of the General Court may sign a letter soliciting gifts for a raffle being held as part of a voter registration drive. This endorsement alone does not constitute a misuse of public office to further a private or personal interest.
You are a member of the General Court. Your office and some community groups are organizing a voter registration drive and will hold a raffle as part of that drive. You would like to sign a letter which would be used to solicit local merchants for gifts to support the raffle.
Would you violate G.L. c. 268A by signing the merchant solicitation letter?
No.
As a member of the General Court, you are a state employee under G.L. c. 268A § 1(q) and may not "use or attempt to use your official position to secure unwarranted privileges or exemptions for yourself or others." G.L. c. 268A § 23 ¶ 2 (2). In previous rulings, the Commission has applied this provision to prohibit members of the General Court from using state supplies or personnel in furtherance of their private interests, EC-COI-82-112; from receiving excessive travel reimbursements pursuant to speaking engagements before private organizations, EC-COI-83-87; or from interposing themselves in the decision-making process of a state administrative agency. In the Matter of James J. Craven, Jr., Commission Adjudicatory Docket No. 110, Suffolk Superior Ct. Civil Action No. 43269 (July 29,1981), further appeal pending. In each of these rulings, the legislator's conduct exceeded the customarily expected use of a legislative office and benefited a private, as distinct from public interest. In contrast, your proposed signing of an endorsement letter for a voter registration drive raffle is distinguishable from those situations and does not amount to an unwarranted privilege within the meaning of § 23, The endorsement by a member of the General Court, whether it be for a piece of legislation or a gift solicitation, is within the range of activities customarily expected of legislators and, standing alone, does not rise to the level of misuse of public office to further a private or personal interest. While situations could arise where the solicitation may raise issues under § 23, for example, where the solicitation is made to a merchant whose special legislation or other particular matter is about to be voted upon by the endorsing legislator, your situation does not raise these concerns.[1]
End Of Decision
