Opinion  EC-COI-85-14

Date:	02/26/1985
Organization:	State Ethics Commission

A member of the General Court would not be disqualified from voting on most banking legislation if his wife were named as a member of the board of directors of a bank, however, he should avoid making decisions which are unduly affected by his wife's affiliation with the bank.

Consent

Pursuant to G.L. c. 268B, § 3(g), the requesting person has consented to the publication of this opinion with identifying information.

Facts

You are a member of the General Court. Among your committee assignments is the Joint Legislative Committee on Banks and Banking (Committee), which reviews legislation affecting ABC banks. A member of your immediate family may be asked to serve as a member of the board of directors of an ABC bank (Bank). If selected she would meet on a monthly basis at director meetings and would receive a one hundred dollar monthly stipend.

Question

What limitations would G.L. c. 268A place on your legislative activities if your wife were to become a member of the Bank's board of directors?

Answer

You would be subject to the limitations discussed below.

Discussion

As a member of the General Court, you are a "state employee" for the purposes of G.L.  c. 268A. Two sections of the statute are potentially applicable to your situation.

The first, G.L. c. 268A, § 6, would disqualify you from voting or otherwise participating^[1] as a legislator in any particular matter^[2] in which your family member has a financial interest. This section would not impose significant limitations on you because;

1. the definition of particular matter expressly excludes the enactment of general legislation which would come before your Committee, and
2. even if there were pending special legislation affecting the Bank, it is unlikely that your wife's financial interest as a member of the board of directors would be affected.^[3]

As a member of the General Court and a state employee, you are also subject to G.L. c. 268A, § 23(¶ 2)(3) which prohibits you from, by your conduct, giving reasonable basis for the impression that any person can improperly influence or unduly enjoy your favor in the performance of your legislative duties, or that you are unduly affected by the kinship, rank, position or influence of any party or person.

Because your wife is affiliated with an ABC bank, you should keep the principles of § 23(¶ 2)(3) in mind when dealing with legislation affecting ABC banks. While nothing in G.L. c. 268A, § 23 inherently disqualifies you from participating as a Committee member and legislator on ABC bank legislation, you should avoid making decisions which are unduly affected by your wife's affiliation with the Bank. Additionally, if legislation comes before you which affects only the interests of the Bank, the safest course would be for you to refrain from participating in that legislation.

 

End of Decision

 

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

^[2] For purposes of G.L. c. 268A, § 1(k) "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 and petitions of cities, towns, counties and districts for special laws related  to their governmental organizations, powers, duties, finances and property."

^[3] For similar reasons, you would not be required to file a written disclosure under G.L. c. 268A, § 6A.