| Date: | 05/24/1983 |
|---|---|
| Organization: | State Ethics Commission |
| Location: | Boston, MA |
A state employee who has been appointed to an additional position within the same agency does not violate §§4 or 7 of the conflict of interest law as he is receiving only one salary for holding both positions.
You serve as a staff member of a state agency (ABC). (Citation Omitted). You also serve as ABC's Executive Director. A government official appointed you to the staff member position in his capacity as Chairman of ABC. He subsequently appointed you to the position of Executive Director for ABC pursuant to his authority, as a government official, over ABC personnel matters. You receive one paycheck from ABC which reflects the duties you perform in each position. As Executive Director, you are responsible for the administration of ABC business by monitoring its programs and staff operations. As a staff member, you are responsible for preserving resources of the Commonwealth. To this end, your duties include the issuance of permits for (Description Omitted). (Citation Omitted). You indicate that in the performance of this duty, your actions may overlap with part of your duties as Executive Director. As a staff member, you have the authority to deny permits for (citation omitted). Whenever you take this action, the applicant has the right to appeal the decision to ABC by writing to the Executive Director requesting an opportunity to address ABC. (Citation Omitted). In your position as Executive Director, it is your responsibility to place the permit appeal on the meeting agenda of ABC. This is a ministerial function of the Executive Director since there is no authority in this position to refuse to schedule a permit appeal for a hearing before ABC. Neither the staff member position nor the Executive Director are voting members of ABC.
Does the conflict of interest law, G.L. c. 268A, permit you to simultaneously hold these two positions?
Yes.
As a state employee holding two positions in the same agency for which one salary is provided, you do not violate G.L. c. 268A. Section 4 of the law addresses your activities in the private sector as they relate to your state employment. This section will not apply to your situation because each of your positions is with the same state agency. Section 7 of the law prohibits a state employee from having a financial interest in a contract made by a state agency. However, this section contemplates an additional contract over and above the employee's original contract of employment. This section would not apply to your situation because you have one contract which covers both positions. See, EC-COI-82-57.
Section 23 of the conflict of interest law provides certain standards of conduct which apply to all state employees. This section prohibits the use or attempted use of your official position to secure unwarranted privileges for yourself or others. It further proscribes conduct which gives reasonable basis for the impression that any person or entity can improperly influence or unduly enjoy your favor in the performance of your official duties. There is no evidence which indicates that your appointment to the Executive Director position is an unwarranted privilege or that you used your position as a staff member to further your own interests. Furthermore, there is no current basis for concluding that you have been unduly influenced in the performance of your duties in either position.
Accordingly, the Commission concludes that you do not violate these provisions by simultaneously serving as a staff member and Executive Director of ABC.
