Opinion  EC-COI-83-110

Date:	08/16/1983
Organization:	State Ethics Commission

Members of a legislative committee may use computer equipment that has been loaned to the committee by a private company, where the equipment is used for official as opposed to personal use. Because the committee does not consider any legislation that would directly affect the company, acceptance of the equipment would not give reasonable basis for the impression that the committee would unduly favor the company.

Facts

You are a state representative and chairman of the Joint Legislative Committee on Education (Committee). DEF Corporation (DEF), a computer manufacturer, has lent the committee certain electronic equipment (computers, printers, word processors, and software) for office use, Committee research, and day-bay Committee operations; the equipment remains the property of DEF. The Committee does not consider any legislation or proposed legislation which would directly affect DEF.

Question

Does the conflict of interest law, G.L. c. 268A, permit the Committee to accept the loaned equipment from DEF?

Answer

Yes.

Discussion

       Section 3 of the conflict law prohibits a state employee from soliciting or accepting anything of substantial value for himself for or because of any official act or act within his official responsibility performed or to be performed by him. G.L. c. 268A, § 3(b). However, this section is not applicable to the facts you have presented, because the equipment is not for your personal use, but rather for the use of a legislative Committee, in the performance of its official duties. Moreover, the equipment loan does not appear to be motivated by official acts performed by you or the Committee, since neither has any particular authority over legislation which directly affects DEF.   

Section 23 of G.L. c. 268A provides:

       [No current officer or employee of a state, county or municipal agency shall:] 

1.  use or attempt to use his official position to secure unwarranted privileges or exemptions for himself or others; 
2. by his conduct give reasonable basis for the impression that any person can improperly influence or unduly enjoy his favor in the performance of his official duties, or that he is unduly affected by the kinship, rank, position or influence of any party or person.

Decision

       As mentioned above, the equipment is not on loan for personal use by you or other Committee members; for that reason, the Commission does not find that acceptance of the equipment constitutes use of official position to secure an unwarranted privilege. Finally, because the Committee does not consider any legislation which would directly affect DEF, acceptance of the equipment does not give reasonable basis for the impression that you or the Committee will be improperly influenced by the loan or will unduly favor DEF. See EC-COI-83-87, page 3.

End Of Decision