Date: | 09/11/1991 |
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Organization: | State Ethics Commission |
A county employee is advised that G.L. c. 268A would prohibit him from also performing paid consultant services for the county.
Date: | 09/11/1991 |
---|---|
Organization: | State Ethics Commission |
A county employee is advised that G.L. c. 268A would prohibit him from also performing paid consultant services for the county.
Page 363
You are the Secretary/Treasurer for the ABC County Conservation District (District) Board of Supervisors (Board) and seek an opinion on behalf of the Board members. The Board is the governing body of the District and exercises the powers and dudes provided in G.L. c. 21, § 24. Certain Board members are interested in performing paid consultant services for the District in addition to their per diem compensation for serving as Board members.
Does G.L. c. 268A permit a Board member to perform paid consultant services to the District.
No.
The District is a "county agency"[1] for the purposes of G.L. c. 268A since its boundaries are county-wide, its supervisors are elected by residents and landowners of the County, and the activities and expenditures of the District are controlled by the County, rather than the state. See, G.L. c. 21 §§ 22-24. Compare, EC-COI-83-157; 83-83. The members of the Board are therefore "county employees."[2] for the purposes of G.L. c. 268A.
Under G.L. c. 268A, § 14, a county employee is prohibited from having a financial interest, direct or indirect, in any contract made by the District or any other County agency of the same county, unless an exemption applies. By performing paid consultant services to the District, a Board member would have a direct financial interest in a contract made by the District, a county agency, in violation of G.L c. 268A, § 14. EC-COI-81-27. Moreover, none of the exemptions in G.L c. 268A, § 14 are applicable to supervisors. Specifically, even if Board members could be considered special county employees[3] under G.L. c. 268A, § I(m), they do not qualify for an exemption under § 14(c) since their financial interest is in a contract made by their own agency. Accordingly, Board members are prohibited from performing paid consultant services to the District.
Following his resignation, a Board member cannot immediately work for the District because of the restriction in G.L c. 268A, § 15A:
No member of a county commission or board shall be eligible for appointment or election by
the members of such commission or board to any office or position under the supervision of
such commission or board. No former member of such commission or board shall be so
eligible until the expiration of thirty days from the termination of his service as a member of
such commission or board.
Accordingly, a Board member would not be eligible for appointment to any position under the supervision of the Board until thirty days after the member's resignation from the Board. Additionally, if the Board member will be seeking a consultant position with the Board after the termination of his services, he could not, while still on the Board, officially participate in any discussion, recommendation, or vote concerning the hiring of consultants. See e.g. EC-COI-87-1; 86-13 (effect on competitors). The member could have a financial interest in the outcome. G.L. c. 268A, §13.