Opinion  EC-COI-84-4

Date:	01/09/1984
Organization:	State Ethics Commission

An official of the Office for Children, which is responsible for approving applications of governmental bodies that wish to serve as foster home and adoption agencies, may serve on the advisory board of a governmental body seeking such approval. However, the official must refrain from any involvement as an advisory board member in the advisory board's application to the Office and must receive approval from his appointing authority to continue supervising the Office employees who will be reviewing the application.

Facts

You are an official of the Office for Children (OFC) and supervise an OFC licensing unit. The unit is responsible for granting approval to governmental bodies which wish to serve as foster home and adoption agencies. The OFC approval process involves reviewing applications, determining compliance with OFC standards, and monitoring performance following approval. Among the potential applicants for OFC approval are the area offices of another state agency (DEF). Area offices are assisted by unpaid area advisory boards which review and evaluate area office programs. You are a member of one such advisory board which assists an area office which is planning to apply for OFC approval. The advisory group has not as yet played any role in the application process, although you expect that the situation will change.

Question

Does G. L. c. 268A limit your activities in either your OFC or DEF advisory board roles?

Answer

You are subject to the limitations set forth below.

Discussion

       As an official of OFC, you are a state employee within the meaning of G. L. c. 268A, §1(q) and are subject to the standards of conduct contained in G. L. c. 268A, §23. In particular, §23 ¶2(3) prohibits you from, by your conduct, giving reasonable basis for the impression that you are unduly affected by the kinship, rank position or influence of any party or person. This provision would come into play if you were to supervise OFC licensing unit employees who were assigned to review an application in which you had had input as an area advisory board member prior to its submission by the DEF area office to OFC. The impression created would be that your exercise of supervisory authority over these employees might be affected by their handling of the DEF area office application. To avoid creating this impression you should either:

1. refrain from any involvement as an advisory board member in the area office application to OFC, or
2. assuming that you wish to be involved in the application, notify your OFC appointing official of the circumstances and receive from the official written permission to continue supervising the OFC employees who would be reviewing the application. See, EC-COI-83-40, 83-25.

       You should also be aware that §23 place limitations on your use of confidential information. Specifically, you may not disclose confidential information^1/ which you have acquired in your OFC position. This provision, which is largely self-explanatory, would come into play if you were to disclose to DEF area advisory board or area office employees confidential information related to the OFC approval procedures for applications.^2/

End of Decision

DATE AUTHORIZED:                           January 9, 1984

^1/ Confidential Information in this context means “materials or data within the exemptions to the definition of public records as defined by section seven of chapter four.” G. L. c. 268A, §23.

^2/ As an advisory board member, you are also a state employee for the purposes of G. L. c. 268A. In view of your unpaid status, you are a special state employee under G. L. c. 268A, §1(o). Section 7 of G. L. c. 268A prohibits state employees from having a financial interest in contracts made by state agencies, and your employment contract with OFC is covered by this section. However, §7(d) allows you as special state employee to maintain your financial interest in the OFC contract provided that you file with the Commission a statement disclosing your interest. A form statement is enclosed.