County employees, G.L. c. 268A, § 11 Legal Opinions

Formal legal opinions by the State Ethics Commission addressing G.L. c. 268A, § 11

• EC-COI-84-35

  A state university employee who is also the chair of the board of selectmen may also serve as an elected county commissioner subject to the provisions of §§ 11 and 13 of the conflict of interest law.  If elected as a county commissioner, he would be required to resign his board of selectmen appointment to a county advisory board.  As a state employee, he is subject to the provisions of §§ 4 and 6 of the conflict of interest law.  Finally, as a state, county and municipal employee, he is subject to § 23 of the conflict of interest law.

• EC-COI-84-38

  The part-time executive director of a regional housing authority, a special county employee, who is an attorney is advised that §§ 11 and 23(c) of the conflict of interest law restrict his ability to represent a municipality in a claim against the regional housing authority as well as representing a municipality or property owner in matters in which the county agency has a direct and substantial interest and in which he participated, or which is or within one year was within his official responsibility or which is pending in the county agency.  The county employee is also advised on the application of §§ 13, 14 and 23(b)(2) and (b)(3) on his ability to provide legal services outside of his county employment.

• EC-COI-85-46

  A county employee who is also a private attorney may represent clients by submitting deeds for recording in his county's Registry of Deeds, because the Registry (a county agency) does not have a direct and substantial interest in the filing. He must exercise caution, however, to ensure that he does not use his official position to secure unwarranted privileges.

• EC-COI-85-60

  A county commissioner may also accept a marketing position with a management consulting firm. He is prohibited from soliciting county business on behalf of the firm, from acting as county commissioner in any matter in which the firm has a financial interest and from being paid by the firm with funds derived from any county contracts it may have.

• EC-COI-85-68

  A member of a city council who is also county treasurer may not participate in city council advisory votes concerning the use of surplus county funds because he would be participating in matters within the purview of the county.

• EC-COI-89-10

  A county commissioner may also represent clients in real estate and health care issues before municipal, state and federal agencies, inasmuch as these matters are not of direct and substantial interest to the county.

• EC-COI-91-6

  A county employee may engage in part-time employment with a private company which, by permit from a city and the Commonwealth, provides disposal and treatment services for waste water. For purposes of section 11, the county employee's activities do not involve the interests of the county in any direct or substantial way because the company has no dealings with the county or any county agency.

• EC-COI-92-18

  An elected County Retirement Board member may remain a Board member and continue private employment with an investment firm if he complies with the provisions of sections 11, 12, 13 and 23.