Opinion  EC-COI-84-41

Date:	03/27/1984
Organization:	State Ethics Commission

A part-time management analyst for a state agency may also serve as a management consultant to a private corporation that receives some funding as a vendor for that state agency. The employee's involvement in selecting a new executive director for the corporation would not violate §4 because the selection would not be a matter of direct and substantial interest to the state.

Facts

You are employed on a part-time basis as a management analyst with a state agency (ABC) in the City. Additionally, you have been hired by the DEF Corp. (DEF) to serve as a management consultant. The DEF, a private, non-profit corporation providing community mental health services, receives some funding as an ABC vendor. You have been hired on a short-term basis to assist the DEF in the process of hiring a new executive director. Your responsibilities include advertising, outreach, reviewing resumes, interviewing applicants, and checking references. Your compensation is derived from non state sources, and you have no official involvement with ABC on behalf of the DEF.

Question

Does G. L. c. 268A permit you to serve as a management consultant with the DEF while you remain an ABC employee?

Answer

Yes.

Discussion

       In your capacity as an ABC employee, you are a state employee for the purposes of G. L. c. 268A. By virtue of your part-time status and your appointing official's disclosure of permission for you to engage in personal or private work during normal working hours, you are a special state employee within the meaning of G. L. c. 268A, §1(o). As a special state employee, you are subject to certain less restrictive provisions of G. L. c. 268A in addition to those which you share with other state employees.

       Section 4 of G. L. c. 268A prohibits you from receiving compensation from or acting as agent or attorney for the DEF in relation to any "particular matter"^1/ in which the commonwealth or a state agency is a party or has a direct and substantial interest and in which you have either participated^2/ as an ABC employee, had official responsibility^3/ for within the prior year, or which is pending within ABC. Based upon the information which you have provided, your proposed activities for the DEF would not violate this section. While the selection of the DEF executive director is a particular matter under §1(k), it is not a matter in which the commonwealth or a state agency is a party or has a direct and substantial interest.^4/

End of Decision

DATE AUTHORIZED:                       March 27, 1984

^1/ For the purposes of G. L. c. 268A, "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, §1(k).

^2/ For the purposes of G. L. c. 268A, "participate" is defined as participate in agency action or in a particular matter personally and substantially as a state employee, through approval, disapproval, decision, recommendation, the rendering of advice, investigation or otherwise. G. L. c. 268A, §1(j).

^3/ For the purposes of G. L. c. 268A, "official responsibility, is the direct administrative or operating authority, whether intermediate or final, and either exercisable alone or with others, and whether personal or through subordinates, to approve, disapprove or otherwise direct agency action.

^4/ Because you will not be receiving compensation from the DEF which is attributable to ABC funds, your opinion request does not raise issues under G. L. c. 268A, §7. Further, inasmuch as the DEF is located in a different ABC geographic region, you would not be called upon to participate as an ABC employee in any matters in which the DEF has a financial interest. See, G. L. c. 268A, §6.