Opinion  EC-COI-85-65

Date:	08/13/1985
Organization:	State Ethics Commission

For the reasons described in EC-COI-85-64, a chief of a municipal police department is prohibited from working private details in the town.

Facts

You are the chief of police for the Town of ABC (ABC). Your police force has more than ten permanent officers and reserve officers. On occasion police officers and patrolmen work paid details for private entities. Compensation for both officers and patrolmen who work such details is at a rate established in the Town's collective bargaining agreement with the patrolmen. Payment is made pursuant to G.L. c. 44, § 53C whereby the factory pays the Town for the detail services, the Town puts that money in a special account separate from other Town funds, and the Town then pays the police officers. You state that you have delegated the task of assigning and supervising all details to the sergeant on each shift. Two days a week when there is not a sergeant on a shift you perform that function yourself.

Question

Does G.L. c. 268A permit you, as chief of police, to be paid for working a private detail?

Answer

No.

Discussion

As chief of police for ABC you are a municipal employee and therefore are subject to the provisions of G.L. c. 268A, the conflict of interest law. The section of that law applicable to the question you have asked is § 3.

Section 3(b) prohibits a municipal employee, other than as provided by law for the proper discharge of official duties, from directly or indirectly receiving anything of substantial value for himself for or because of any official act or acts within his official responsibility performed or to be performed by him. As chief of police you have overall supervisory responsibility for the operation and activities of the police department. The task of the department is to ensure the safety and security of the Town's citizens and businesses. Your job by its nature is a 24-hour-a-day job. Although you are able to delegate some of the tasks associated with this responsibility to subordinate officers, the fact remains that as chief you retain official responsibility for the operation of the police department. See, e.g. EC-COI-85-22.^[1] This ultimate responsibility means that a police chief cannot perform private details himself for payment.

While your situation is distinguishable from that in In the Matter of John A. Deleire, 1985 Ethics Commission 236 in that you are not paid directly by the private entity, this does not alter the result. Section 3(b) prohibits both the direct and indirect receipt of items of substantial value (emphasis supplied). Under the G.L. c. 44, § 53C payment procedure, the Town merely serves as a conduit between the private entity and the public employee, presumably to ensure the efficiency and integrity of the off-duty detail work system. The money you receive from the Town is the money paid to the Town by the private party specifically earmarked as payment for detail work and segregated from all other Town funds, Thus you are being indirectly compensated by a private party for services which are already subject to your supervisory responsibility as chief. In summary, § 3(b) prohibits the arrangement you have asked about.^[2]

End Of Decision

^[1] This citation refers to an advisory opinion previously issued by the commission. Copies of this and all other advisory opinions are available for public inspection, with identifying information deleted, at the Commission offices.

^[2] The advice contained in this advisory opinion is prospective only and cannot address the propriety of conduct that has already occurred.